Loading...
HomeMy WebLinkAbout04-09-2008 Planning Commission Packets� April 9, 2008 • CITY OF SARATOGA PLANNING COMMISSION SITE VISIT AGENDA DATE: Tuesday, April 8, 2008 — Approximately 3:30 p.m. — 5:00 p.m. PLACE: City Hall Parking Lot, 13777 Fruitvale Avenue TYPE: Site Visit Committee SITE VISITS WILL BE MADE TO THE FOLLOWING ITEMS ON THE PLANNING COMMISSION AGENDA ROLL CALL REPORT OF POSTING AGENDA AGENDA 1. APPLICATION #SUB07 -0002 12651 Saratoga Avenue Saich 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. PAPC SITE VISITS \Site Visits\2008\SVA 040808.doc CITY OF SARATOGA PLANNING COMMISSION 0 AGENDA DATE: Wednesday, April 9, 2008 - 7:00 p.m. PLACE: Council Chambers /Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Manny Cappello, Rishi Kumar, Robert Kundtz, Susie Nagpal, Linda Rodgers, Yan Zhao and Chair Joyce Hlava PLEDGE OF ALLEGIANCE: ELECTION OF NEW CHAIR: MINUTES: Draft Minutes from Regular Planning Commission Meeting of March 26, 2008 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 April 3, 2008 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 #SUB07 -0002 (386 -17 -051) Saich; 12651 Saratoga Avenue: - The applicant requests Tentative Parcel Map approval to subdivide an approximately .63 -acre (27,280 square feet) parcel located at 12651 Saratoga Avenue into two lots. The existing single- family residence will be removed. Parcel A would have street frontage on both Saratoga Avenue and Sun Valley Court. Lot B would have frontage on Saratoga Avenue. The proposed parcel size for Lot A would be approximately .23 acres (10,007 square feet) and Lot B would be approximately .36 acres or (15,629 square feet). The property is currently zoned R -1- 10,000 (Single Family Residential) (Chris Riordan) P: \PC Agendas\2008 \040908.doc DIRECTORS ITEM: None COMMISSION ITEMS: None COMMUNICATIONS None ADJOURNMENT TO NEXT MEETING Wednesday, April 23, 2008 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 April 3, 2008 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 nlanningCa',saratoga.ca.us NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 'r. PAPC Agendas\2008 \040908.doc • Saratoga Planning Commission Minutes of March 26, 2008 Page 3 • Director John Livingstone replied that the architect could confirm but it appears from the plan to be 1,658 square feet. Commissioner Kundtz asked about the roof tile color. Commissioner Nagpal asked which condition deals with the roof tile color approval. Director John Livingstone replied Condition #13. Commissioner Nagpal said that they are to be earth tones. Commissioner Cappello said neutral colors. Commissioner Zhao asked staff if the applicant had been approached about including a second unit. Director John Livingstone replied, yes, but the applicant was not interested. Chair Hlava opened the public hearing for Agenda Item No. 1. Mr. Lee, Applicant and Property Owner: • Reported that this project has been in the planning stages over the last six to eight months. • Added that he hired Studio2 to design the home. Mr. Tam, Project Architect: • Said that the garage door color name is confusing. • Added that he brought a sample tonight that he feels is the best match to the window frame. • Explained that as to the roof color, they want to find a color to compliment the house and work well in this neighborhood. • Assured that they also want to stay away from orange. • Distributed photographs of homes with tile roofs nearby. • Advised that the roofing they have selected has some darker tiles to help them blend. • Explained that his client wants to have a fence surrounding the property with a gate at the driveway. • Said that he would defer to the project landscape architect to discuss stacking space available at the outside of the gate. Commissioner Nagpal explained that this is not a gated neighborhood. She asked if Mr. Lee would be comfortable not having a gate. Mr. Tam explained that they lowered the gate. The fence is just three feet high and the gate is five feet high. Commissioner Nagpal mentioned that the applicant .had said he would be okay without the fence and gate during the site visit. Saratoga Planning Commission Minutes of March 26, 2008 Page 4 Mr. Lee - explained that if it is not allowed in Code to have them, he would not. However, his preference is to have the fence (three feet tall) with gate (five feet tall). He added that the City's recommendation as far as setback for the gate is totally acceptable for him. Commissioner Rodgers', asked Mr. Lee why this fence with gate is so important. Is it for aesthetic purposes or due to other concerns? Mr. Lee said that he really could not quantify. He said his wife prefers to have this fence with gate. She and her elderly mother are home alone during the day. They are more confident in their security with this fence and gate. He added that he agrees that :most houses in the neighborhood are without this type of fencing but there are two homes with :higher- fencing than he is proposing. , Commissioner Nagpal suggested that some sort of vegetation be used to turn this into. green fencing. Mr. Lee agreed that vegetation would be acceptable. Commissioner :Rodgers assured Mr. Lee that Saratoga is a very safe community and she hopes the Lee family is not afraid: Mr. Lee agreed but suggested that there must be a little room for personal judgment here. He added that security includes keep cars off site that might be driven onto the property in order to turn around. Director John Livingstone pointed out that according to the landscape plan there are lavenders proposed in front of the three -foot tall fencing. Commissioner Nagpal asked how far the gate is set back. Chair Hlava asked if a car stopped in front of the gate would be completely off Allendale. Landscape Architect replied that the setback is 15.5 feet that allows one car to stack.. Director John Livingstone said that 18 to.19 feet is the typical parking space length. Commissioner Nagpal asked if the. setback is for both sides of the "Ll Director John Livingstone replied yes: Commissioner Kundtz asked how much of a problem it might be to set back the gate by another three feet on both sides: Landscape Architect said it shouldn't be difficult to move it back another three feet to 18 -feet. Commissioner Rodgers asked what the concrete color would be for-the driveway. Saratoga Planning Commission Minutes of March 26, 2008 Page 5 Mr. Tam replied, an earth tone color. Commissioner Rodgers asked about the light wells for the basement and whether there would be stairs included. Mr. Tam replied yes. There are stairs and a couple of windows.. Commissioner Rodgers asked if there would be a fireplace. Mr. Tam said that there would be gas fireplaces Commissioner Rodgers thanked Mr. Tam for using gas. She added that she was looking on the plan for the chimney(s). Chair Hlava asked if the condition. limiting wood burning fireplaces to one per structure is included in the conditions for this project., Director John Livingstone directed the Commission to Condition 3B. Commissioner Nagpal said that plan sheet (1-2) has the details for the columns and fence. She asked if this is black. Mr. Tam said that it is black wrought iron. Chair Hlava expressed appreciation for the installation of story poles. Mr. Lee: • Thanked the Planning Commission for its site visit. • Said it is his hope that this home would be considered a great addition to the City of Saratoga. • Thanked the Commission for its time. • Assured that the true color is different from the sample. • Stated his hope that the Planning Commission will allow them to have their preference on roof tile color. Commissioner Rodgers asked where the chimneys would be located, how many there would be and what they would look like. Mr. Tam explained that none are proposed. Chair Hlava closed the public hearing for Agenda Item No. 1. Chair Hlava said that it appears the two key issues are roof tile color and gates. • Saratoga Planning Commission Minutes of March 26, 2008 Page 6 I necessary findings. He said that he is ha to Commissioner Kundtz said he could make al e ry g happy stay with the proposed roof tile color and defers to the Community Development Director for proper gate depth location. Commissioner Nagpal: Said that there is already a condition in place regarding roof tile. Suggested adding. approval of the garage door color there too as well , as the driveway concrete color. • Said that she had hoped this applicant would eliminate the gate but said she understands their need to include it. • Welcomed the Lees to Saratoga. Chair Hlava said that she is okay with the roof color. It has enough variation and tone. She expressed- support to verify the color of the garage door. Director John Livingstone said that the description in the staff report was changed because -the proposed color looks more wood like than it does red. He suggested removing the condition regarding roof color if the Planning Commission is okay with it. Commissioner Cappello said he is okay with the proposed roof. Commissioner Nagpal- recounted that she had once considered a similar roof but ended up going one shade down. - She added that seeing the sample this evening helped: She reiterated that she is more concerned with the fence although it is not part of Design Review. Chair Hlava suggested the removal of Condition 13 and add that the Community pevelopnient Director -will look at gate placement to allow sufficient room for queuing. Commissioner Kumar asked about the consideration of concrete color. Chair Hlava said that it is not necessary. Motion:. Upon motion of Commissioner Cappello, seconded by Commissioner Kundtz, the Planning Commission granted Design Review approval to allow the construction of a new single- family residence on property located at 18853 .Allendale' Avenue, as modified, by the following roll call vote: AYES: Cappello,, Hlava, Kumar, Kundtz, Nagpal, Rodgers and Zhao NOES: None ABSENT: None ABSTAIN: None . PUBLIC-HEARING - ITEM NO. 2 APPLICATION- #PDR07 -0010 (503 -16 -017) LU, 13414 Surrey Lane (Address changed to 13426 Surrey Lane): The applicant requests Design Review approval to demolish the, C MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, March 26, 2008 PLACE: Council Chambers /Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting. Chair Hlava called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Cappello, Hlava, Kumar, Kundtz, Nagpal, Rodgers and. Zhao Absent: None Staff: Director John Livingstone, Associate Planner Shweta Bhatt .and Assistant City Attorney Bill Parkin PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES — Regular Meeting of March 12, 2008. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Cappello, the Planning Commission minutes of the regular meeting of March 12, 2008, were adopted with edits to pages 6, 7 and 11. (7 -0) ORAL COMMUNICATION There were no Oral Communications. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 20, 2008. CONSENT CALENDAR There were no Consent Calendar items. Saratoga Planning Commission Minutes of March 26, 2008 Page 2 PUBLIC HEARING - ITEM NO. 1 APPLICATION #PDR07 -0018 (398 -30 -015) LEE, 18853 Allendale Avenue: The applicant requests. Design Review approval to remove an existing two -story single - family. residence and construct a new approximately 6,015 square foot, one -story, single - family residence with a proposed height of approximately 21 feet. The net lot size is approximately .92 acres. The site is zoned R -1- 40,000: (Christopher Riordan) Mr.. John Livingstone, Community Development Director, presented the staff report as follows: - Reported that the applicant is seeking Design Review approval to allow the demolition of an existing single- family residence and the construction of a new 6,015 square foot single - family residence with basement and a maximum height of 21 feet. • Described the architectural style as Mediterranean Revival using stucco with limestone accents, aluminum clad wood windows. The garage will have a wood grain appearance but will be a fiberglass material. Copper roofs will be utilized for bay windows, and dormers. The roofing will be clay tile. • Explained that-staff has added Condition #13 that requires the applicant to submit a roof the color sample with more neutral brown colors prior to issuance of Building permits for approval by the Community.Development Director. • Stated that two trees -are impacted. The arborist has approved the removal of one 16 -inch plum tree that is both in poor health and located within the building envelope. A 20 -inch Coast Live Oak will require protective fencing during construction. . Listed the energy features as including energy star appliances, roof tiles that are energy efficient, dual -pane windows, dormers that add natural light into areas of the residence, _ drought resistant landscaping and having down spouts run into landscape areas. . Said that this project is consistent with . Design Review requirements and recommended that the Planning. Commission approve this request. Commissioner Nagpal pointed out that a gate is still included on the plan. Director John. Livingstone said yes. He added that the Planning Commission could condition that the gate be subject-to final approval by the Community Development Director unless it does not want the gate included at :all. Commissioner Rodgers pointed out that there is area within the entry at 19 feet in height. She asked if that area has been double counted against floor area. Director John Livingstone replied yes. He added that the project; architect could verify this. Commissioner Nagpal pointed out that the garage color is called "Mesa Red" on the color board but mahogany in the staff report. Director John Livingstone explained that staff felt that the color looked more like mahogany than a "red" color and said he would defer to the architect. Chair Hlava asked staff how large is the basement. Saratoga Planning Commission Minutes of March 26, 2008 Page 7 existing home and construct a new two -story home. The proposed' structure will be approximately 5,515 square feet and approximately 25-feet, 1 1-inches tall. The gross lot size is 47,480 square feet and the site is zoned R -1- 40,000. Design Review is required pursuant to City Code Section 15- 45.060. (Shweta Bhatt) Ms. Shweta. Bhatt, Associate Planner,, presented the staff report as follows: • Reported that the applicant is seeking Design Review approval to allow a new two -story residence. • Explained that the original address (13414) has been changed to 13426 Surrey Lane at, the request of the owner. • Said that the existing two -story home would be demolished and a 5,51.5 square foot home constructed with a maximum height of 25 feet, 11 inches. • Described the materials as consisting of beige stucco, stone veneer accents, shingle roofing and carriage style wooden garage door. Stated that the original proposal required the removal of eight trees. As modified, the project now requires the removal of just three Ordinance sized trees that include one Coast Live Oak and two Monterey Pines. The Coast Live Oak tree, is dead. Replacements for the two Pines must be installed. prior to building final. • Pointed out that the landscaping plan includes provisions for 27 new trees on site. • Reported that one neighbor had a comment about fencing along the western property "line. The applicant is not proposing any fencing along this property line but the applicant has agreed to work with the adjacent neighbor on any future fencing proposals. • Recommended that the Commission find this project to be Categorically Exempt under CEQA and that a resolution be adopted approving this project. Commissioner Kundtz asked if the color board is incorporated as part of the approved project. He pointed out that one issue is a white versus earth tone garage door. Planner Shweta Bhatt said that the Commission could elect to condition the color of the garage door. Chair Hlava opened the public hearing for Agenda Item No. 2. Mr. Lu, Applicant and Property Owner: • Expressed his appreciation for the time taken in considering his request. • Stated that he likes this neighborhood and has visited with. neighbors to discuss his proposal and received feedback. Commissioner Nagpal asked about the proposal for white wood windows or earth tone colored window trim. Mr. Lu said that he would use the same color scheme as the garage door. Chair Hlava closed the public hearing for Agenda Item No. 2. Chair Hlava suggested an added condition regarding the color of the garage door and windows, requiring earth tone versus white, since the material board includes white. Saratoga Planning Commission Minutes of March 26, 2008 Page 8 applicant requests :Design. Review approval to demolish the existing home and construct a new two -story home. The proposed structure will be approximately 2,530 square feet and approximately 22 -feet, .8.5- inches tall. The gross lot, size is 6,012 square feet and the site is zoned' R -1- 10;000. Design Review is required pursuant to City Code Section 15- 45.060. ( Shweta Bhatt) Ms. Shweta Bhatt, Associate Planner, presented the staff report as follows: • Reported that the applicant is seeking approval for a new two -story home on an approximately. 6,012 square foot lot that slopes up from the street. The existing home would .be .demolished. • Described the architectural style as originally being Mediterranean but was later revised to be the currently proposed Craftsman. • Advised that the applicant has provided a revised color rendering. • Reported. that the applicant contacted neighbors and received feedback, both for and , against this project. • Said that what appears to be a vacant lot to the east is actually the rear yard of the adjacent parcel. • Said that issues raised by neighbors include the opinion that the proposed home is not compatible with the neighborhood; it is a two -story; it has drainage problems; and concerns about accuracy of the story poles. Reported that there is a certified report from the Civil Engineer on the site draina9e. Sub. terrain drainage would be implemented. • Said that no protected trees, will be removed.' Commissioner Cappello asked if anything needs to be added on the issue of fencing on the western property line? Is this issue resolved? Is the neighbor satisfied? Planner Shweta Bhatt said that the applicant is not proposing fencing at that property line. Mr. Jones, adjacent neighbor to the west on Surrey Lane, explained that there is no problem remaining as he and Mr. Lu agree on the fencing issue. Motion :. Upon motion of Commissioner Nagpal, seconded by Commissioner Cappello, the Planning Commission granted Design Review approval to allow the construction of a new two -story single - family residence on property located at 13426 Surrey Lane, with an added condition calling out the use of earth tone colored garage door and windows, by the following roll call vote: AYES: Cappello, Hlava, Kumar, Kundtz, Nagpal, Rodgers and Zhao NOES: None ; ABSENT: None ABSTAIN: None PUBLIC HEARING -'ITEM NO. 3 APPLICATION #PDR07- 0016.(517 -08 -025) ESTAHBANATI. 20731 St. Charles Street: The applicant requests :Design. Review approval to demolish the existing home and construct a new two -story home. The proposed structure will be approximately 2,530 square feet and approximately 22 -feet, .8.5- inches tall. The gross lot, size is 6,012 square feet and the site is zoned' R -1- 10;000. Design Review is required pursuant to City Code Section 15- 45.060. ( Shweta Bhatt) Ms. Shweta Bhatt, Associate Planner, presented the staff report as follows: • Reported that the applicant is seeking approval for a new two -story home on an approximately. 6,012 square foot lot that slopes up from the street. The existing home would .be .demolished. • Described the architectural style as originally being Mediterranean but was later revised to be the currently proposed Craftsman. • Advised that the applicant has provided a revised color rendering. • Reported. that the applicant contacted neighbors and received feedback, both for and , against this project. • Said that what appears to be a vacant lot to the east is actually the rear yard of the adjacent parcel. • Said that issues raised by neighbors include the opinion that the proposed home is not compatible with the neighborhood; it is a two -story; it has drainage problems; and concerns about accuracy of the story poles. Reported that there is a certified report from the Civil Engineer on the site draina9e. Sub. terrain drainage would be implemented. • Said that no protected trees, will be removed.' Saratoga Planning Commission Minutes of March 26, 2008 Page 9 • Explained that the project is Categorically Exempt under CEQA and recommended that the Commission adopt a resolution approving this Design Review request. Commissioner Cappello pointed out that the forms signed by neighbors look different than usual. Who put them together? Planner Shweta Bhatt explained that the applicant prepared the forms. Commissioner Cappello asked if it is typical that the applicant uses his own form. Planner Shweta Bhatt said that a template is provided but applicants are free to use and create their own form. Commissioner Kumar asked if a retaining wall is required at the back of this property. Planner Shweta Bhatt said yes. There will be retaining walls at the rear of the property in the landscaped area. Commissioner Rodgers said that the rear setback is 34 feet and the house goes back to 20 feet. Is it possible to push the house on the lot any further? Planner Shweta Bhatt said that the applicant proposed a greater rear setback. She reminded that this. is a lot with a substandard width and depth. Commissioner Nagpal asked if topography and lot alignment are taken into consideration. Planner Shweta. Bhatt replied correct. Chair Hlava opened the public hearing for Agenda Item No. 3. Mr. M. Estahbanati, Applicant and Property Owner: • Thanked the Planning Commission for its site visit and staff for its assistance. • Said that this is a special location in the area. • Stated that a Modern Craftsman architectural style would fit into this. neighborhood. • Reported that he had used the "Field Study of American Houses," as a resource. • Reminded that the frontage is just 50 feet. • Advised that he had lowered the garage down and created a two -story on the right side. • Said that additions such as the porch, truss and shingles ware a nice touch. • Informed that a letter from Ms. Jenni Taylor gave him some good suggestions that were reasonable and included: o The columns on the windows upstairs are too much. Therefore, he removed them and will replace them with shutters. o The use of river stone would be more rustic and an improvement to the plan. o Siding versus stucco. Although most homes on St. Charles are stucco, he has revised his plan to incorporate 8 -inch wide wood siding per Ms. Taylor's recommendation. o Agreed to use wood windows with true dividers. o Agreed to use a simpler roof material and is suggesting Presidential. Saratoga Planning Commission Minutes of March 26, 2008 Page 10 • Said that people on St. Charles have approved his design and signed the form. • Assured that it would be a good fit. Reported that there are existing issues with the neighbor to the right. Their house is lower while his house stands higher. • Suggested that he might be able to go two to three feet lower. However, it would cost more than $100,000 to excavate the whole lot by four feet. • Stated that he has tried to work with his neighbors and is happy to reduce height by two to three feet, four feet if necessary. • Assured that the water would be controlled with a French drain around the house. • Pointed out that being a lower lot, more, water is collected on his lot that comes from lots above. , • Reminded that the neighbor to the back did not want a fence. Therefore he is proposing wrought iron with trees to create a green fence: However, the neighbor changed. hiis mind and now supports a six - foot high redwood fence. Explained that the proposed master bedroom window causes concern .for the neighbor over potential view of their house. • Advised that if the house goes down by four feet then the top of the fence would be at 14 to 15 feet. Otherwise, he can change to a square window rather than the proposed bay window. - Chair Hlava. • Said that the site could easily go down by two feet without being too huge an expense or problem. • Added that it.. might.become a problem for staff if the site were to be lowered by.as much as four feet. - Mr. M. Estahbanati said that the excavation would be about $20,000 and retainit walls and containment of water would be other related expenses. Commissioner. Cappello asked if lowering by two or three. feet. would still. retaining walls and site drainage as well. Mr. M. Estahbanati replied yes.. He added that this is a 9.5 percent .sloped lot and that he does need retaining walls as he wants to have a level backyard area. Commissioner Cappello asked for verification that four . feet would be -more costly and extensive a process. Mr. M. Estahbanati: • Replied yes. Said that there is no major retaining wall on the right side except at the back of the lot where one approximately three -feet high would be necessary. • Explained that the neighbors have already gone down in grade by three to four feet. Therefore, the fence on top of the retaining wall equals a taller fence. Saratoga Planning Commission Minutes of March 26, 2008 Page 13 • • Suggested either lowering it or not having it be two stories. Commissioner Nagpal asked Ms. Jeanne Alexander if she is referring to the left elevation Commissioner Cappello asked Ms. Jeanne Alexander if she sees the rear elevation. Ms. Jeanne Alexander replied she could see the side and rear elevations from her home. Commissioner Rodgers asked Ms. Jeanne Alexander to verify that her backyard lot is not separate from her home lot. Ms. Jeanne Alexander said that it represents one lot not two. Ms. Jenni Young Taylor, Resident on Oak Street: • Stated that she is a 45 year resident of this area. • Expressed her disappointment and disagreement that the Heritage Preservation Commission did not choose to do a historic evaluation of this structure and site. Instead there was a rush to demolish, which is sadly typical of Saratoga. • Stated that this is a history- saturated area. • Said that she is ashamed of this hasty uninformed decision not to do a historic study. Commissioner. Nagpal pointed out that the applicant has taken many of Ms. Taylor's comments to heart and plans to revise his drawings accordingly. She asked Ms. Taylor if there are any other details or recommendation she can offer to the Design Review aspect of this proposal. Ms. Jenni Young Taylor said that fish tail shingling is not appropriate. Commissioner Kumar asked Ms. Jenni Young Taylor if there is similar architecture elsewhere on St. Charles. Ms. Jenni Young Taylor: • Said that she is not sure what Modern Craftsman is. . • Said that there are homes using Queen Anne Cottage style, Pioneer Farm House, Spanish Colonial and Tudor architecture. Commissioner Rodgers asked Ms. Jenni Young Taylor if there is a possibility that there could be Native American artifacts on this site. Ms. Jenni Young Taylor said there could be. Commissioner Rodgers asked Ms. Jenni Young Taylor what is historic stucco? Ms. Jenni Young. Taylor replied stucco with tile roof. Ms. Marilyn Marchetti, Resident on 6th Street: • Advised that this property looks into her backyard. 0 Saratoga Planning Commission Minutes of March 26, 2008 Page 14' • Said that she likes the idea of a Craftsman style home, which is popular in Saratoga. • Stated that this is an eclectic street. • Thanked. the applicant for his sensitivity to the neighborhood. • Said that the driveway is set back to allow parking. • Suggested placing a :concrete pad near the street to place garbage cans for. pickup rather than to place them on the street on collection day. • Suggested requiring screening on three sides of the house to.be installed before final sign Off. Mr. Walt Marchetti, Resident on 6' Street: • Said that the applicant did approach him and he signed off on the petition. • Said. that he and his-.wife are for change as long as all issues to mitigate .impacts on the adjacent neighbors, are. met. • Stated that they want better than what is there right now. Mr. Paul Ginouves, Resident on 6th Street: • Reminded that the Commissioners have been in his backyard. • Said that his big concern is mass as seen from his backyard. Added that with the height of the floor, the house will look into his back yard. • Said that the property needs to be lowered substantially. • Pointed out that his first floor is at 101 feet. If this lot were. at the same level, it would eliminate a =lot of concerns on his part. • Distributed a photograph with a possible design for a lot such as this one. • Said that the front is one story, but the roofline is two stories high. This is unnecessary and increases the bulk of the home. Reported that multiple sets of plans, each different, have been distributed. Neighbor compare sets. ' Commissioner Nagpal asked Mr. Paul Ginouves if he would like to see some screening along. his fence line.' Mr. Paul Ginouves replied yes, he .would like to see landscaping on all sides of the property. This-screening should:be a burden.of this developer and not the neighbors. He stated that he does not want to -be a victim of a. "drive by" developer. - .Chair Hlava pointed out- that Mr. Paul Ginouves' house is a complete two story.. asked what the square footage of his home is. Mr. Paul Ginouves said that it is about 2,800 square feet. Commissioner Hlava asked what is his lot size. Mr. .Pa ul Ginouves replied that he believes his lot is 8,000 square feet.. He added that his home is less monolithic with its peaked.roof rather than a big wall. • • • Saratoga Planning Commission Minutes of March 26, 2008 Page 21 final review and approval. This way the -neighbors get a final look and everyone is on the same page. Commissioner Cappello said that this type of project is the perfect candidate for a Study Session. Commissioner Kundtz pointed out that all the discussion has been: on the cosmetic appearance facing St. Charles and not to the privacy impacts to the neighbors to the side and rear. Commissioner Nagpal suggested that the applicant be asked if he wants .a continuance or an up or down vote. ! Mr. M. Estahbanadi said that he supports a continuance but as soon as possible. Commissioner Nagpal asked Mr. M. Estahbanadi if he feels he has enough feedback. Chair Hlava asked Mr. M. Estahbanadi if he accepts a continuance. Mr. M. Estahbanadi asked if it could be to the next meeting. Director John Livingstone said that it should be to a date uncertain to make sure that a complete package is ready. The project would be renoticed' He suggested that Mr. M. Estahbanadi get the updated plans in as soon as possible to expedite the process. Commissioner Zhao asked Mr. M. Estahbanadi if he prefers a date certain. Mr. M. Estahbanadi said no. He added that he would work with neighbors. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Kundtz, the Planning Commission CONTINUED CONSIDERATION TO A DATE UNCERTAIN a request for Design Review approval to allow the construction of a new two- story, single - family residence on property located at 20731 St. Charles Street. (7 -0) DIRECTOR'S ITEMS Director John Livingstone announced that the new owners of the Quito Village.Center held a meeting with the Quito Village Neighborhood Association and provided initial draft development proposals for the Center. COMMISSION ITEMS Commissioner Kumar asked if the site visits were going to be held on Mondays. Saratoga Planning Commission Minutes of March 26, 2008 Page 22 Chair Hlava replied no.. They still will occur on Tuesdays. Council conducts their tours on Mondays. She announced that a Housing Element Update Meeting would be held in April with. participants from other nearby West Valley communities. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Kundtz, seconded by Commissioner Cappello, Chair Hlava adjourned the meeting at approximately 10:19 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk t: • • Item 1 REPORT TO THE PLANNING COMMISSION Application No./Location: SUB07- 0002/12651 Saratoga Avenue Type of Application: Tentative Parcel Map to subdivide one existing lot into two lots Applicant/Owner: Stephen Graves (Applicant) John Saich (Owner Staff Planner: Christopher A. Riordan, AICP, Senior Planner Date: April 9, 2008 1APN: 386 -17 -051 Department Head: John Livingstone, CP, 2Director Subject: 12651 Saratoga Avenue APN: 386 -17 -051 500' Radius 12651 Saratoga Avenue SE CASE HISTORY: Application filed: Application complete Notice published: Mailing completed: Posting completed: EXECUTIVE SUMMARY 09/20/05 03/14/08 03/26/08 03/24/08 04/03/08 PROJECT DESCRIPTION: The applicant requests Tentative Parcel Map approval to subdivide an approximately .63 -acre (27,280 square feet) parcel located at 12651 Saratoga Avenue into two lots (The Project). The lot contains an existing one story single - family home that would be removed. "Parcel A" would have street frontage on both Saratoga Avenue and Sun Valley Court (a private street). "Parcel B" would have frontage on Saratoga Avenue. The proposed size of "Parcel A" would be approximately .23 acres (10,007 square feet) and "Parcel B" would be approximately.. 3 6 acres or (15,629 square feet). The property is zoned R -1- 10,000 with a General Plan designation of Low Density Residential (RLD). The property is located within the boundaries of the "Saratoga Woods Single Story Overlay" limiting the height of homes to be constructed on the lots to a maximum height of 18 feet. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Tentative Parcel Map Application Number SUB07 -0002 by adopting the attached Resolution. le • • STAFF ANALYSIS EXISTING ZONING: R -1- 10,000 GENERAL PLAN DESIGNATION: RLD (Low Density Residential) MEASURE G: Not Applicable EXISTING PARCEL SIZE: Approximately .63 -acres (27,280 square feet.) AVERAGE SITE SLOPE: Level site. GRADING REQUIRED: . No grading is proposed for the current application. Grading quantities, including any cut and fill, will be provided at the time a design review application , is filed for any proposed residences or accessory structures. ENVIRONMENTAL DETERMINATION: The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15315 (Minor Land Divisions) because the project is 1) dividing property in an urbanized area that is zoned for residential use into four or fewer parcels, 2) the project is in conformance with, the General Plan and. Zoning Ordinance, 3) no variances or exceptions are required, 4) all . services and access to the proposed parcels to local standards are available, 5) the parcel was not involved in a division of a larger parcel within the previous two years, and 6) the parcel does not have an average slope greater that 20 percent. Y MATERIALS AND COLORS PROPOSED: Not applicable at this time. Materials and colors will be specified when design review applications for new residences are filed. • PROJECT DATA: PROJECT DISCUSSION AND SITE CHARACTERISTICS: The applicant requests Tentative Parcel Map approval to subdivide an approximately .63 -acre (27,280 square feet) parcel located at. 12651 Saratoga Avenue into two lots (The Project). The lot - contains an existing one story single - family home that would be removed. "Parcel A ", would have street frontage on both Saratoga Avenue and Sun Valley Court (a private street). "Parcel B" would have frontage on Saratoga Avenue. The proposed size of "Parcel A" would be approximately .23 acres (10,007 square feet) and "Parcel B" would be approximately .36 acres' or (15,629 square feet). The property is zoned R- 1- 10,000 -with a General Plan designation of Low Density Residential (RLD). The property is located within the boundaries of the "Saratoga Woods Single Story Overlay" limiting the height of homes to be constructed on the lots to a maximum height of 18 -feet. • • PROPOSAL CODE RE JALLOWANCE CONFORMANCE Parcel A. Net parcel size: 10,007 net square feet 10,000 net square feet Conforms Frontage: 60 feet 60 feet Conforms Width: 85 feet 85 feet Conforms Depth: 146.34 feet 11.5 feet Conforms Floor Area: TBD during design review 3,200 square feet TBD Setbacks: Front: 25 feet 25 feet Conforms - Sides: 10 feet 10 feet Conforms Rear: 25 feet 25 feet Conforms Parcel B• Net.parcel size: 15,629 net square feet 10,000 net square feet Conforms Frontage. 128.98 60 feet Conforms Width: 85 feet 85 feet Conforms Depth:- 207 feet 115 feet Conforms Floor Area: TBD during design review 4,128 square feet TBD Setbacks: Front: 25 feet 25 feet Conforms Right Side: 10 feet 10 feet Conforms Left Side Rear: 25 feet 25. feet Conforms PROJECT DISCUSSION AND SITE CHARACTERISTICS: The applicant requests Tentative Parcel Map approval to subdivide an approximately .63 -acre (27,280 square feet) parcel located at. 12651 Saratoga Avenue into two lots (The Project). The lot - contains an existing one story single - family home that would be removed. "Parcel A ", would have street frontage on both Saratoga Avenue and Sun Valley Court (a private street). "Parcel B" would have frontage on Saratoga Avenue. The proposed size of "Parcel A" would be approximately .23 acres (10,007 square feet) and "Parcel B" would be approximately .36 acres' or (15,629 square feet). The property is zoned R- 1- 10,000 -with a General Plan designation of Low Density Residential (RLD). The property is located within the boundaries of the "Saratoga Woods Single Story Overlay" limiting the height of homes to be constructed on the lots to a maximum height of 18 -feet. • • The site is located on the northwest corner of Sun Valley Court and Saratoga Avenue between Wood Dell Court and Mellon Drive. Sun Valley Court provides access to four one story single - family residences including the subject parcel. The land uses on the north side of Saratoga Avenue in the vicinity of the project are all single - family homes with lots sizes averaging 10,000 square feet. Land uses on the opposite side of Saratoga Avenue are both single- family residential zoned R -1- 10,000 and multi - family residential zoned R- M- 5,000. Zoning and Subdivision Ordinance Compliance: The City's Subdivision and Zoning regulations are the implementation tools of Saratoga's General Plan and the State Subdivision Map Act. The Zoning Ordinance establishes minimum standards for lot sizes, depths, widths, and frontages. It also regulates building placement, modifications to natural topography and Ordinance - protected tree removal. This Tentative Parcel Map complies with all minimum zoning standards with regard to parcel size, configuration, and setbacks. City Department/Outside Agency Review This Tentative Parcel Map has been reviewed by the Public Works Department, the City Arborist, and the following agencies. No concerns or objections have been received. • Saratoga Fire District • Santa Clara Valley Water District • Cupertino Sanitation District • Pacific Gas and Electric • San Jose Water Company • Moreland School District • Campbell Union High School District Trees The tentative map was routed to the City Arborist for review. The site does have some , ordinance sized trees but does not have any native or heritage trees. The subdivision will provide two reasonably dimensioned building envelopes without the need for protected tree removal. The applicant will be required to submit for an arborist review as part of a future design review application if it includes removals of any ordinance sized trees. Neighbor Notification The applicant has circulated copies of the Neighbor Notification Form and the proposed tentative map to the four adjacent neighbors. The applicant has received completed forms with no negative comments from the two neighbors at 12663 and 12669 Sun Valley Court (Attachment 3). The neighbor at 12625 Saratoga Avenue did not return the form to the applicant. Two neighbors, one at 12657 Sun Valley Court and the other at 18983 Saratoga Glen Court, submitted correspondence listing their objection(s) to the project both of which are discussed below: On March 29, 2008 staff received an email from a property owner at 18983 Saratoga Glen MPlace -APN #386 -16 -004 - (Attachment 5). Saratoga Glen Place is located approximately 450 feet to the southwest of the project. This property owner is concerned that the subdivision would permit "monster homes" to be constructed on the lots. The property is located within the "Saratoga Woods Single Story Overlay" which limits residential building heights to 18- feet. Staff has contacted the property owner via email and informed them that any new homes to be constructed on the lots would be subject to Design Review. Staff received a letter with objections to the subdivision from the property owner at 12657 Sun Valley Court (Attachment 4). This is the adjacent property located to the north, of project. The following is a summation of their concerns and staff's response to them. • The existing home is setback at least 25 feet from Saratoga Avenue and Sun Valley Court.. The other three homes on Sun - Valley Court have front setbacks of at least `25 feet. The proposed setback for. Parcel A would be only 10 feet from Sun Valley Court and the construction of a house at this distance from the street would negatively, impact the character of the "Court. Sun Valley Court provides access to four lots. As defined in Saratoga Municipal Code b "D f or fewer arcels are not considered Section 15- 06.6600 — rveways serving our p streets ". A Corner Lot is defined in the Municipal Code (Section 15- 06.420(b) as "a lot abutting the intersection of two or more streets ". Since Sun Valley Court is defined as a driveway and not a street it would not be classified m a Corner Lot and instead is an interior lot and not subject to the 25 -foot street side yard setback required of corner lots. The minimum side yard setbacks for interior lots in the R -1- 10,000 zone district `are 10- feet. Furthermore,- the existing undivided lot is classified as an interior lot with an interior 10 foot side setback adjacent to Sun Valley Court. The project would not be modifying the existing side yard setback. • There is no sidewalk on Sun Valley Court. The road is 17- feet wide. The proposed setback line would not allow a canto safely reverse from a garage facing onto the Court. The p roposed subdivision and the proposed setback area are too small and too close to the road to allow for sufficient safe parking space on the property and garage for both the homeowner and any visitors. The southern lot line of the undivided parcel extends to the center of Sun Valley Court. The other three parcels on Sun Valley Court also have lot lines that extend out into Sun Valley Court. This is not uncommon for private streets where each property owner shares in the maintenance of the street and where each property owner grants easements over a portion of _their property for common access. The width -of the easement over the undivided parcel is 10 -feet. The side setback is measured from. the edge of the easement and not from the property line. The new "Parcel A" would have the same easement over its southern edge as the undivided parcel with the side yard setback measured from the easement line. • • • New homes to be constructed on the lots would be subject to Design Review. As part of that review, staff would evaluate any proposed garage location to determine if there is sufficient driveway length to ensure that a vehicle could backup safely onto Sun Valley Court. • The present house design and the size of the lot are in character with other houses in the neighborhood. The present house is not aging unduly with respect to the neighborhood. The four lots on Sun Valley Court and the two to the right are all similar in size. The subdivision would create the smallest lots on the Court and in the immediate vicinity. However, the project site is located in the Saratoga Glen Neighborhood where the lots are approximately 10,000 square feet in size and are compatible in size'as the proposed lots. The lots are located in a Single Story Overlay so any new homes to be constructed would be limited to 18 -feet in height. In addition, new home designs would be subject to Design Review and staff would evaluate whether the proposed architectural designs of new homes are compatible with neighboring homes. • The property is surrounded by large houses on large lots — the average lot size of the five neighboring properties is around 20, 000 square feet and the average house size is over 3,200 square feet. Subdividing the lot and building two small house would negatively impact the character and property values of the neighborhood. The minimum allowable lot sizes in the R -1- 10,000 zone district are 10,000 square feet. The project would create two lots that are both in excess of the minimum lot size. "Parcel A" would be approximately 11,651 square feet and "Parcel B would be approximately 15,629 square feet, allowing both a 3,200 and 4,128 square fog homes to be constructed, respectively. As mentioned earlier, through the Design Review process staff will ensure that the designs of new homes to be constructed are architecturally compatible with neighboring homes. On March 31, 2008 staff received an email from a property owner at 18983 Saratoga Glen Place -APN #386 -16 -.004 - (Attachment 5). Saratoga Glen Place is located approximately 450 feet to the southwest of the project. This property owner is concerned that the subdivision would permit "monster homes" to be constructed on the lots. The property is located within the "Saratoga Woods Single Story Overlay" which limits residential building heights to 18- feet. Staff has contacted the property owner and informed them that any new homes to be constructed on the lots would be subject to Design Review. Geotechnical Clearance Geotechnical Clearance is not required for this project. Geotechnical Clearance from the Public Works Department will be required if the future homes will include basements. • Tentative Map Approval Findings The Planning Commission shall not approve any tentative map if the commission finds the proposal supports any of the following nine findings (Municipal Code Section 14- 20.070(b)). Staff has provided evidence, which does not support the findings. (1) That the proposed map is not consistent with the General Plan and any applicable specific plans. . The proposed map is consistent with the General Plan and any applicable specific plans in that proposed parcels are consistent with the General Plan designation of Residential Low Density (RLD) defined as 2.18 dwelling units per net acre. The proposed parcels meet the minimum lot size required by the municipal code for the R -1- 10,000 zone district. Proposed lot dimensions including width, depth and frontage meet or exceed the minimums required by the municipal code. (2) That the design or improvements of the proposed subdivision are not consistent with the General Plan and any applicable specific plan. The design or improvements of the proposed subdivision are consistent with the General Plan and any applicable specific plan in that the design or improvements of the proposed subdivision are consistent with the General Plan. The proposed parcel sizes, configuration, access and building, envelopes are consistent with the zoning code and are compatible with the existing density in the project vicinity. The - proposed building envelopes are sufficient in size and dimension to accommodate a single - family residence. Building envelopes provided on the proposed tentative map indicate required setbacks can be provided to' meet the development regulations. Design review approval shall be required, as applicable in the municipal. code, for a new single- family residence. At the time an application to construct, a single - family residence on the proposed parcels is filed with the planning department the mass, bulk, view, privacy and compatibility issues of the proposed. residence with the existing neighborhood and residences shall be examined. (3) That the site is not physically suitable for the type of development proposed. The site is suitable for the type of development proposed in' that the proposed building envelopes and surrounding areas are level. 'Geotechnical clearance shall be required for construction of either parcel at the time it is proposed if such construction will include a basement. The subdivision will not impose features on the proposed parcels regarding size or shape that may constrain future development on the site. Existing trees do not preclude development on the.proposed parcels. The existing conditions are such that they do not include physical features including topography, location, or surroundings that may hinder future development on the site. (4) That the site is not physically suitable for the proposed density of development. The site -is physically suitable for the proposed density of development in that the subdivision application may result in the construction of single - family residences on both parcels. • • Approximately two dwelling units per acre are permitted consistent with the general plan maximum dwelling unit per acre designation of 2.18 residences per acre. The potential for the construction of a single - family home on the proposed parcel is consistent with the surrounding uses and densities in the area. Densities in the immediate surrounding area are predominantly characterized by low- density single - family residential uses (5) That the design of the subdivision are likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. The design of the subdivision is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat in that the proposed project which includes subdivision of one lot into two lots is categorically exempt from the Environmental Quality Act (CEQA) pursuant to section 15315 of the Guidelines, for the Implementation of CEQA. This Class 15 exemption can be applied to the division of property in urbanized areas zoned for residential use into four or fewer parcels when the division is in conformance with the General Plan and zoning no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope of greater than 20 percent. (6) That. the design of the subdivision is likely to cause serious health or safety problems. The design of the subdivision is not likely to cause serious health or safety problems in hat the proposed project is consistent with the zoning and subdivision regulations in the Municipal Code and General Plan. The Tentative Map has been reviewed by West Valley Sanitation District, Saratoga Fire Department, Santa Clara Valley Water District, . City . Arborist, Pacific Gas & Electric, School Districts, Planning Department and Public Works Engineers. All structural improvements to the property will be reviewed by the Community Development Department. The project site is located in Zone X on the Flood Insurance Maps by FEMA. This designation incorporates the vast majority of properties within the City. Floodway areas of Zone AE are located along the City's major creeks and require certain construction techniques; however, the project site is designated as Zone X. (7) That the design of the subdivision will conflict with easements for access or use. The design of the subdivision will not conflict with easements for access or use. Sun Valley Court is a private driveway. Four properties on Sun Valley Court have an access easement along the south side of the property. The future "Parcel A" will continue to have the same access easement used by the neighbors. Saratoga Avenue will provide access to "Parcel B ". (8) That a proposed subdivision of land which is subject to a contract executed pursuant to the Williamson Act. The proposed subdivision of land is not subject to a contract executed pursuant to the Williamson Act in that the project site is not under a Williamson Act contract. • (9) That the discharge .of waste 'from the proposed subdivision into an existing community sewer system would result in violation of existing requirements: The discharge of waste from the proposed subdivision into an existing community sewer system would not. result in violation of existing requirements in that the Cupertino Sanitation District 'operates a sewer main located in Saratoga Avenue. This sewer main will provide adequate, service to the parcels. STAFF RECOMMENDATION Staff recommends the Planning Commission approve the application for the Tentative Map with required findings and conditions by adopting the attached Resolution (Attachment 1) ATTACHMENTS: 1. Resolution of Approval for Tentative Parcel Map 2. Project description letter, dated October 3, 2007 (prepared by applicant) 3. Neighbor notification forms. 4. Letter received from neighbor at 12657 Sun Valley court, received April 1, 2008. 5. Email received from neighbor, dated March 29, 2008. 6. Affidavit of mailing notices, public hearing notice, and copy of mailing labels for project'notification, newspaper. public hearing notice, 7. Reduced Plans, -Exhibit "A." date stamped October 18, 2005. t RESOLUTION NO. Application No. SUB07 -0002 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA John Saich, 12651 Saratoga Avenue WHEREAS; application has been made to the Planning Commission under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for Tentative Parcel Map approval to subdivide one existing parcel into two parcels,' set forth in. file no. SUB07 70002; and WHEREAS, the Planning Commission hereby finds that the ' proposed subdivision; together with the provisions for its design and improvements is consistent with the objectives, policies and general land use and programs specific in the General -Plan and the Saratoga Municipal Code; and WHEREAS, the Planning Commission has conducted a duly noticed public hearing on April 9, 2008 at which time all interested parties were given full opportunity to be heard and present evidence; and WHEREAS, The Planning Commission shall not approve any tentative map or building .site if it makes any of the nine findings listed in. Municipal Code Section 14- 20.070(b).. The findings were not - supported based on the following evidence. (1)' That the proposed map is not consistent. with the General Plan and any applicable specific plans. The proposed map is consistent with the General Plan and any applicable specific plans in that proposed parcels are consistent with the General Plan designation of Residential Low Density (RLD) defined as 2.18 dwelling units per net acre. The proposed parcels meet the minimum lot size required by the municipal code for the R -1- 10,000 zone district. Proposed lot.dimensions including width, depth and frontage meet or exceed the minimums required by the municipal code. (2) That the design or improvements of the proposed subdivision. are not consistent with the General Plan and any applicable specific plan. The design or improvements of the proposed subdivision are consistent with the General Plan and any applicable specific plan in that the design or improvements of the proposed subdivision are consistent with the General Plan. The proposed parcel sizes, configuration, access and building envelopes are consistent with the zoning code and, are compatible- with the existing density in the project vicinity. The proposed builing envelopes are sufficient in size and dimension to accommodate a single - family residence. Building envelopes provided on the proposed tentative map indicate required setbacks can be provided to meet the development regulations. Design review approval shall be required, as applicable in the municipal code, for a new single- family residence. At the time an application to construct a single - family residence • • on the proposed parcels is filed with the planning department the mass, bulk, view, privacy and compatibility issues of the proposed residence with the existing neighborhood and residences shall be examined. (3) That the site is not physically suitable for the type of development proposed. The site is suitable for the type of development proposed in that the proposed building envelopes and surrounding areas are level. Geotechnical clearance shall be required for construction of either parcel at the time it is proposed if such construction will include a basement. The subdivision will not impose features on the proposed parcels regarding size or shape that may constrain future development on the site. Existing trees do not preclude development on the proposed parcels. The existing conditions are such that they do, not include physical features including topography, location, or surroundings that may hinder future development on the site. (4) That the site is not physically suitable for the proposed density of development. The site is physically suitable for the proposed density of development in that the subdivision application may result in the construction of single - family residences on both parcels. Approximately two dwelling units per acre are permitted consistent with the general plan maximum dwelling unit per acre designation of 2.18 residences per acre. The potential for the construction of a single - family home on the proposed parcel is consistent with the surrounding uses and densities in the area. Densities in the immediate surrounding area are predominantly characterized by low - density single- family residential uses (5) That the design of the subdivision are likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. The design of the subdivision is not likely to cause substantial environmental damage or , substantially and unavoidably injure fish or wildlife or their habitat in that the proposed project which includes subdivision of one lot into two lots is categorically exempt from the Environmental Quality Act (CEQA) pursuant to section 15315 of the Guidelines for the Implementation of CEQA. This Class 15 exemption can be applied to the division of property in urbanized areas zoned for residential use into four or fewer parcels when the division is in conformance with the General Plan and zoning no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope of greater than 20 percent. (6). That the design of the subdivision is likely to cause serious health or safety problems. The design of the subdivision is not likely to cause serious health or safety problems in that the proposed project is consistent with the zoning and subdivision regulations in the Municipal Code and General Plan. The Tentative Map has been reviewed by West Valley Sanitation District, Saratoga Fire Department, Santa Clara Valley Water District, City Arborist, Pacific Gas & Electric, School Districts, Planning Department and Public Works Engineers. All structural improvements to the property will be reviewed by the Community Development Department. The project site is located in Zone. X on the Flood Insurance Maps by.FEMA. This designation incorporates the vast majority of properties within, the City. Floodway areas of Zone AE are located along the City's major creeks and require certain construction techniques; however, the project site. is designated as Zone X. (7) That the design of the subdivision will conflict with easements for access or use. The design of the subdivision will not conflict with easements for access or use. Sun Valley Court is a .private driveway. Four properties on Sun Valley Court have an access easement along the south side of the property. The future Parcel A will continue to have the same access easement used by the neighbors. Saratoga Avenue will provide access to Parcel B. (8) .That a proposed subdivision of land which is subject to a contract executed pursuant to the.Williamson Act. The proposed subdivision of land is not subject to a contract executed pursuant to the Williamson Act in that the project site is not under a Williamson Act contract. (9) That the discharge of waste from the proposed subdivision into an existing community, sewer system would result in violation of existing requirements. The:discharge of waste from the proposed subdivision into an existing community sewer system would not result in.violation of existing requirements in that the Cupertino Sanitation District operates a sewer main located in Saratoga Avenue. This sewer main. will proyide.adequate service to the parcels. THEREFORE, BE IT RESOLVED that the Planning Commission. of the City of Saratoga does hereby - resolve as follows: Section 1.. After careful consideration of the Tentative Parcel Map submitted in connection with this matter Subdivision Application No. SUB 07 -0002 is hereby granted subject to the following conditions: PERMANENT CONDITONS OF APPROVAL — None CURRENT DEVELOPMENT PROPOSAL CONDITIONS — . COMMUNITY DEVELOPMENT 1. The single family residence shall be demolished prior to final map approval. 2. Applications for Design Review shall be submitted for. any proposed single- family, homes to be constructed on.the parcels. 3. The project site is located within a Single Story Overlay therefore all future residential construction is limited to 18 feet in height. 4. The applicant shall submit for an Arborist Review for any future Design Review application that includes proposed removals of any ordinance sized trees-per Saratoga Municipal.Section 15 -50. CUPERTINO SANITATION DISTRICT 5. ..The developer is required to pay all applicable fees prior to the recordation of the Final Map. The fees will be determined upon submittal of the improvement plan District approval will be in the form of sewer connection permits after payment of fees. PUBLIC WORKS DEPARTMENT 6. Prior to submittal of the Final Map to the City Engineer for examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property corner locations, either found or set. The submitted map shall also show monuments set at each new corner location, angle point, or as directed by the City Engineer, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. 7. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative Map, along with the additional documents required by Section 14- 40.020 of the Municipal Code, to the City Engineer for examination. The Final Map shall contain all of the information required in Section 14- 40.030 of the Municipal Code and shall be accompanied by the following items: a. One copy of map checking calculations. b. Preliminary Title Report for the property dated within ninety (90) days of the date of submittal for the Final Map. f renced on the Final Ma C. One copy of each map re . e p d. One copy of each document/deed referenced on the Final Map. e. One copy of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the City Engineer. f. One copy of the approved Tentative Map. 8. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the time of submittal of the Final Map for examination. 9. Interior monuments shall be set at each lot.corner either prior to recordation of the Final Map or some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a specified later date, then sufficient security as determined by the City Engineer shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. 10. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements and/or rights -of -way on the Final Map, in substantial conformance with the approved Tentative Map, prior to Final Map approval. 11. The owner (applicant) shall submit engineered improvement plans to the City Engineer in conformance with the approved Tentative Map and in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code. The improvement rZ M plans shall be reviewed and approved by the City Engineer and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility providers, prior to approval of the Final Map. 12. The following specific: conditions shall be included on the improvement plans: a) Resurfacing of the private cul -de -sac. The resurfacing shall be performed after the improvements on the parcel accessed from the cul -de -sac are completed and prior to . the final, occupancy of the residence on the sameparcel. The owner (applicant) shall pay a deposit to the City for 100% of the cost of the street resurfacing prior to Final Map approval. .b) Area along .Saratoga Avenue shall be landscaped. Landscape final design shall be, prepared prior parcel. development or redevelopment and submitted to Public Works Department for approval: The owner (applicant) agrees to enter into the Landscape and Lighting District established by the City or into a. Landscape Maintenance Agreement with the City as determined by the City at the time of submitting detailed plans showing improvements in the public right -of way. This condition shall be referenced in the Owner's Certificate on the Final Map. 13. The owner (applicant) shall pay a. Subdivision Improvement, Plan Checking fee; as determined by the Public Works Director, at the time Improvement Plans are submitted . for review. 14. An Encroachment Permit issued by the Public Works Department is required for all improvements in any portion of the public right -of -way or of a public easement. 15. Prior to Final Map approval, the owner (applicant) shall furnish the City Engineer yvith satisfactory written commitments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements to serve the subdivision. 16. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including.public and private ,utility providers, prior to commencement of subdivision improvement construction. Copies of permits other than those issued by the City shall be provided to City Engineer. 17. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map approval. 18. The.owner /applicant shall comply with requirements of Provision C.3 of National Pollutant Discharge Elimination System Permit. The applicant shall use and maintain Best Management Practices (BMP's) for site design and storm water treatment. . 19. Certification of engineered stormwater treatment by a qualified engineer /architect shall be required to confirm that the plan meets the criteria established in Provision C.3 prior to issuance of building permits. go 20. Post - construction operation and maintenance of storm water treatment BMP's shall be the responsibility of the owner. Maintenance Agreement between the City and the owner shall be recorded prior to final occupancy approval of each lot, if needed. 21. All building and construction related activities shall adhere to New Development and Construction - Best Management Practices as adopted by the City for the purpose of preventing storm water pollution. CITY ATTORNEY 22. 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 appl'icant's project. Section 2. An approved or conditionally approved tentative subdivision map approval shall expire 24 months from the date on which the Planning Commission or the City Council on appeal granted its approval or conditional approval. An extension may be granted pursuant to 14 -20 -080. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, on this 9th day of April 2008 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: • Joyce Hlava Chair, Planning Commission ATTEST: Secretary, Planning Commission • Attac 0 STEPHEN GRAVES & ASSOCIATES Environmental and , arASe Consulting v October 3, 2007 _Chris. Riordan City of Saratoga Community Development Dept. 13777 Fruitvale Avenue ��` ✓v , Saratoga, CA 95070 RE: -Application Submittal: Two lot minor land division for property located at. 12651 Saratoga Avenue, APN 386 - 170 -51. Dear Mr. Riordan, On behalf of John Saich we are pleased to submit this application for a 2 -lot minor land division on his parcel locatedat'1265.1 Saratoga Avenue (APN 386 - 170 -51). As shown on the attached Tentative Map, the existing parcel is zoned R -1 -10 and is approximately 27,280 square feet gross and 25,636 square feet net. The existing.home which includes approximately 4000 square feet of habitable space and a 900 square foot attached garage is proposed to be demolished.. The parcel is. proposed to be split.. into two parcels as follows: Parcel A Gross 11;651 sq.ft. Net . 10,007 sq.ft. Parcel B Gross 15,629 sq.ft: Net - 15,629 sq.ft. As shown, both parcels would have frontage along Saratoga Avenue. However, Parcel ,B would continue to use the existing driveway entrance on Saratoga and Parcel A's access would be off. of Sun -Valley Court. The number of homes utilizing Sun Valley Court for access would continue to -be four. As you will remember this was important, as the City had determined previously, that since Sun Valley Court is a private driveway serving four or fewer homes than it is does not meet the definition of a street. This is crucial, and as such would eliminate the need to improve Sun Valley Court to City street standards, and ensures that Parcel A would not be considered a corner lot (subject to increased setbacks and lot standards). The proposal complies with all applicable standards of the R -1 -10 zone district and would be compatible with the size of parcels in the neighborhood. No designs are proposed nor required for the land division. Parcel A would potentially support a home with a maximum of 3200 square feet (including garage) based upon lot size. Parcel B would potentially support a home with a maximum of 4050 square feet (including garage). Consistent with the City's requirements, we have attached the following information in support of this application. Completed -application and Tentative Subdivision. Fact Sheet Signed Owner Agent Authorization 18 Sets.of Tentative'Map .2 copies of Preliminary Title Report Site and area photos Please call me if you have any questions or need for further information. Sincere 2735 Porter Street W 50quel, CA 95073 Stephen Phone (831) 465 -0677 Fax (831) 465 -0678 • r t • • • A.ttachment.... 03/31/2008 13 :39 ,.8314650678 STEPHEN—GRAVES PAGE 02 City of Saratoga Neighbor Notification Form PROJECT ADDRESS: 12651 Saratoga Avenue, Saratoga Dear Neighbor, 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.prgject. I ask that you.familiarize yourself with the preliminary plans fir the project. These plans are PR,E.LIN1INARY ONLY and may be changed as the project moves fvrwardl: 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 arrt -aware of the proposed pTOject and have reviewed preiinlihary. plena / Date' 3"2rb6 neighbor Name:Q _�Q " Signature: Neighbor Address: Vt^1�-1 &rcAD A GA SU','v Neighbor Phone #:7w�02�`a oV 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 Tame: Stephen Graves. and Associates Date: 3/18/08 Application Number: Project Number; SUB07 -0002. APA 386. 171 -51 Planning Department !' P City t�f Saratoga . . Revised I ()/14106 stephen:SGA Documents•:Active Projects (2003 - Presrnt):Saich folder :saichneighburjorm.duc . City of Saratoga Neighbor Notification Form PROJECT ADDRESS: 12651 Saratoga Avenue, Saratoga 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 Ciry 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:�X �e6— DA116ate:� Signature: G Neighbor Address: Ci-. r'-��!Bcz CA - CPrO Neighbor Phone #: 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: Stephen Graves and Associates Date: 3/18/08 Application Number: Project Number: SUB07 -0002, APN 386 - 171 -51 Ciry of Saratoga Planning Department Revised 10124106 stephen:SGA Documents :Active Projects (2003 - Present):Saich folder:saichneighbaform.doc Mr Riordan City of Saratoga Community Development Dept., 13777 Fruitvale Ave., Saratoga, CA 95070 Re: Subdivision of 12651 Saratoga Avenue Dear Mr Riordan, 3/30/2008 With respect to the request for comments regarding the subdivision of 12651 Saratoga Avenue into two lots, we raise the following very strongly felt objections: .1) The existing 4000sgft home is set back 25ft from both Sun Valley Court and Saratoga Avenue. The proposed set back line facing Sun Valley Court is only l Oft. All other properties facing into Sun Valley court are presently set back 25ft. It is only reasonable that any new structure built on the property must also' abide by this requirement. A house positioned so close to the road will seriously impact the character of the Court. We believe that no similar property structures in the entire Saratoga Woods area are within 25ft of the road. .2) There is no sidewalk on Sun Valley " Court. The road is only i 7ft wide. The proposed setback line would not allow a car to safely reverse from a garage facing onto the Court. 3) All lots facing Sun Valley Court have ample lot space to allow both a large garage and ample car standing space on the property; this is essential, as the Court is such a narrow road, where there is no room to allow for parking in the road, as this would obstruct garbage and delivery trucks etc. Neither is it possible to park on the main Saratoga Avenue; to do so would cause a serious safety hazard to vehicles entering or exiting Sun Valley Court = already a hazard for the occupants of the Court. The proposed subdivision and the proposed setback are too small and too close to the road to allow for sufficient safe parking space on the property and garage for both the homeowner and any visitors. 4) The present house and 25,OOOsgft lot is of a size, age and character that is in keeping with the other houses in the neighborhood; it is not aging unduly with respect to the neighborhood, contrary to the notice from Mr Saich's land consultant, although its appearance has been allowed to deteriorate in recent years. IM • U-.� Attachment., 5 Christopher Riordan From: City Hall Sent: Monday, March 31, 2008 3 :15 PM To: Christopher Riordan Subject: FW: Christopher Riordan, AICP -- Original Message - - - -- From:.Marcia Fariss [mailto:marcia@gizmology.coml Sent: Saturday, March 29, .2008 12:11 PM. To: City Hall Subject: ATT: Christopher Riordan, AICP Christopher, I am a neighbor of 12651 Saratoga Avenue (APN: 386 -17 -051). My concern with dividing the property into 2. parcels relates to the possible construction of "monster houses. As you may know,,,this property is located in an almost exclusively single story fact, there is a- single story overlay to, homes located in.the Saratoga rieighborhood;.in Woods neighborhood. As I understand it, the 12651 Saratoga Avenue property is,within the. Saratoga Woods neighborhood boundary. Therefore, 2 story houses should be prohibited. Dividing the property into,2 parcels, with single story, "non- monster houses" would be acceptable to me. Thank. you for taking the time to read this. Marcia Fariss Saratoga.Glen.Place �A 1 Attachm 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 9th day of April 2008, 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: SUB07 -0002 / 12651 Saratoga Avenue APPLICANT /OWNER: Stephen Graves & Assoc. (Applicant) /.John Saich (Owner) APN: 386 -17 -051 DESCRIPTION: The applicant requests Tentative Parcel Map approval. to subdivide an approximately .63 -acre (27,280 square feet) parcel located at 12651 Saratoga Avenue into two lots. The existing single- family residence will be removed. Parcel A would have street frontage on both - Saratoga Avenue and Sun Valley Court. Lot B would have frontage on Saratoga Avenue. The proposed parcel size for Lot A would be approximately .23 acres (10 007 square feet) and Lot B would. be approximately .36 acres or (15,629 square feet). The'property is currently zoned R- 1- 10,000 (Single Family Residential). 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 Thursday, April 3, 2008. 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 -1.235 [arch 24, 2008 )00,nership Listing repared for: 36 -17 -051 OHN SAICH 2651 SARATOGA AVE ARATOGA CA 95070 86 -11 -001 OLANDO Q SEGURA ,R CURRENT OWNER 2588 SARATOGA AVE ARATOGA CA 95070 -4145 86 -11 -040 .AIDER- SHAMIM ,R CURRENT OWNER 2621 PASEO CERRO ARATOGA CA 95070 -6609 86 -14 -023 .OBERT TERESI 17 LOMA VISTA CT 00TOS CA 95032 -2419 .86 -16 -002 LLEN MASTMAN )R CURRENT OWNER 8951 SARATOGA GLEN PL ARATOGA CA 95070 -3549 86 -16 -034 TEVEN W BANBURY )R CURRENT OWNER 8986 MELLON DR ARATOGA CA 95070 -3518 86 -16 -037 AUL & RHODA GOLDSTONE )R CURRENT OWNER 8944 MELLON DR ARATOGA CA 95070 -3518 86 -16 -040 4ARC & SYLVIA BAKER )R CURRENT OWNER 2620 EASTON DR ARATOGA CA 95070 -3505 8 &43 ARL J & MARY FLEISCHLI )R CURRENT OWNER 2560 EASTON DR ARATOGA CA 95070 -3505 386 -11 -002 386 -11 -039 MICHELLE D GARCIA RAULWING.FAMILY OR CURRENT OWNER OR CURRENT OWNER 12576 SARATOGA AVE 12611 PASEO CERRO SARATOGA CA 950704145 SARATOGA CA 95070 -6609 ' 386 -14 -003 .386 -14 -016 E & S KAABIPOUR METROPCS OR CURRENT OWNER 8144 WALNUT HILL LN 800 12600 SARATOGA AVE DALLAS TX 75231 SARATOGA CA 950704189 386 -16 -001 386 -14 -028 HAROLD & CHARLENE MANDELL JOHN & CAROLE FREITAS LLC OR CURRENT OWNER. 3030 MOORPARK AVE 18935 SARATOGA GLEN PL SAN JOSE CA 95128 -2518 SARATOGA CA 95070 -3549 386 -16 -003 MARTIN A & NANCY NEWMAN OR CURRENT OWNER 18967 SARATOGA GLEN PL SARATOGA CA 95070 -3549 386 -16 -035 MARYLOU A DAVIS OR CURRENT OWNER 18972 MELLON DR SARATOGA CA 95070 -3518 386 -16 -038 GERALD C & IDIA LI 1186 MATTERHORN DR SAN JOSE CA 95132 -2731 386-16-041 LAURENCE E & DANA BURNS 14510 BIG BASIN WAY A SARATOGA CA 95070 -6091 386-16-044 JAMES & LINDRITH BARNES OR CURRENT OWNER 12540 EASTON DR SARATOGA CA 95070 -3505 386 -16 -004 GARY B & MARCIA, FARISS OR CURRENT OWNER 18983 SARATOGA GLEN PL SARATOGA CA 95070 -3549 386 -16 -036 BRIAN. E &ELIZABETH COX OR CURRENT OWNER: 18958 MELLON DR SARATOGA CA 95070 -3518 386 -16 -039 KEVIN F & LAURA COYNE OR CURRENT OWNER 19001 MELLON DR SARATOGA CA 95070 -3516 386 -16 -042 ELEANOR H MOBECK OR CURRENT OWNER 12580 EASTON DR SARATOGA CA 95070.3505 386-16-045 RICHARD 'E & HERMINE BERG OR CURRENT OWNER 12520 EASTON DR SARATOGA CA 95070 -3571 , 36 -16 -046 386 -16 -047 386 -16 -048 [CHARD C & ELSIE MUCH UMESHWAR & VIBHA DAYAL ANDREE R & VIRGINIA JAY R CURRENT.OWNER OR CURRENT OWNER OR CURRENT OWNER .. 3830 ANSLEY PL 12561 RADOYKA DR 12579 RADOYKA DR ARATOGA CA 95070 -3559 SARATOGA CA 95070 -3528 SARATOGA CA 95070 -3528 36 -1.6 -049 NDREW T & DOROTHY NOZAKA 386 -16 -050 YUSANG & CHAESON YIM 386-16-01 STEPHEN F & SUSAN CRIM.I R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER. 2599 RADOYKA DR 12617 RADOYKA DR 12637 RADOYKA DR ARATOGA CA 95070 -3528 SARATOGA CA 95070 -3528 SARATOGA CA 95070 -3528 36 -16 -052 386 -17 -001 386 -17 -002 MA & PRASHANTH VADLAKONDA DAVID &MARSHA ROBERTSON HOLST FAMILY TRUST R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 3987 MELLON DR 18959 MELLON DR 12638 RADOYKA DR ARATOGA CA 95070 -3516 SARATOGA CA 95070 -3517 SARATOGA CA 95070 -3527 36 -1.7 -003. 386 -17 -004 386 -17 -005 PARK A & DANIELA BITTER .. CHRISTOPHER J & CARRIE MORRIS GERVAIS FONG lR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 2618.RADOYKA DR 12600 RADOYKA DR 12580 RADOYKA DR ARATOGA CA 95070 -3527 SARATOGA CA 95070 -3527 SARATOGA CA 95070 -3527 86 -17 -006 & ELEANOR GRAY 386 -17 -007 PETER J & MARY MICELI 386 -17 -008 CHARLES P & NORRINE LITTLE .UBREY ►R- CURRENT OWNER OR CURRENT OWNER OR CURRENT. OWNER 2562 RADOYKA DR 12544 RADOYKA DR SARATOGA CA 95070 -3527 12526 RADOYKA DR SARATOGA CA 95070 -3527 ARATOGA CA 95070 -3527 - 86 -.17 -009 . 386 -17 -610 HENRY JOHNSON. 386 -17 -017 GAGLIASSO 2007 ' [ARRY LEVINSON iR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER ' 2508 RADOYKA DR 12490 RADOYKA DR 12511 JOLENEtT SARATOGA CA 95070 -3508 ARATOGA CA 95070 -3527 SARATOGA CA 95070 -3570 86 -17 -018, 386 -17 -030 SANJAY & SHALINI GIDWANI 386 -17 -031. ANION L & HELEN SEIDL ZARIA -ELENA NORONA )R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 2510 JOLENE CT 18925, MELLON DR 18941 MELLON DR SARATOGA CA 95070 -3517 ARATOGA CA 95070 -3508 SARATOGA CA 95070 -3517 86 -17 -032 386 -17 -038 386 -17 -039 HONG S HSiA 2CHARD A & JEANNE- JOHANSON YOUNG J LEE OR CURRENT OWNER )R CURRENT OWNER OR CURRENT OWNER 18701 WOOD DELL CT 18723 WOOD DELL CT 2537 SARATOGA AVE ARATOGA CA 95070 - 4144• .. SARATOGA CA 95070 -3546 SARATOGA CA 95070 -3546 86 -17 -040 386 -17 -041 HADDEN -BOYD 2006 386 -17 -042 DONNA J & DUNCAN MILLER ATRICIA SCHARPF . )R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 8745 WOOD DELL CT. 18767 WOOD DELL CT 18789 WOOD DELL CT SARATOGA CA 95070 -3546 ARATOGA CA 95070 -3546 SARATOGA CA 95070 -3546 86 -17 -043 386 -17 -044 RICHARD A & JO BENISON 386IORU 5 MINORU &SUE KOBATA 'ARAG 3 & PARUL RAVAL. OR CURRENT OWNER OR CURRENT OWNER )R CURRENT OWNER 8801 WOOD DELL CT 18776 WOOD DELL CT 18754 WOOD DELL CT ARATOGA CA 95070 -3574 SARATOGA. CA 95070 -3573 SARATOGA CA 95070 -3573 86 -17 -046 386 -17 -047 386 -17 -048 P & GINGER RUSSELL ADAUTO DIAZ JOYCE S & STEVEN FANG i RRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 8 OOD DELL CT 18700 WOOD DELL CT 1261.9 SARATOGA AVE A OGA CA 95070 -3573 SARATOGA CA 95070 -3573 SARATOGA CA 95070 -4146 386 -17 -050 386 -17 -051 86 -17 -049 DOUGLAS P RODRIGUES JOHN SAICH -ZICHAEL & Y LEONG OR CURRENT OWNER 331 CARLTON AVE 9 E PORTOLA AVE 12625 SARATOGA AVE LOS GATOS CA 95032 -2602 ,OS ALTOS CA 94022 -1241. SARATOGA CA 95070 -4146 86 -17 -052 386 -17 -053 386 -17 -054 ,NDREW J & ISOBEL MORRISH ALEXANDER & MAHTAB BRUDNY NORIKO & OSAMU TAKAGI, )R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 2657 SUN VALLEY CT 12663 SUN VALLEY CT 12669 SUN VALLEY CT ARATOGA CA 95070 -4171 SARATOGA CA 950704171 SARATOGA CA 95070 -4171 ' 86 -20 -019 386 -46 -001 386 -58 -001 FRANCES MITH MARY THOMAS R POCHARI OR CURRENT T OWNER )R CURRENT OWNER 12847 JEPSEN CT 18931 SARA PARK CIR 8831 ANSLEY PL SARATOGA CA 95070 -3730 SARATOGA CA 950704167 ARATOGA CA 95070 -3501 86 -5.8 -002 386 -58 -003 386 -58 -004 •ING WU JOVITA CARPIO ANDREA BRYAN )R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 8929 SARA PARK CIR 18927 SARA PARK CIR 18925 SARA PARK CIR )*OGA CA 95070 -4167 SARATOGA CA 95070 -4167 SARATOGA CA 95070 -4167 86 -58 -005 386 -58 -006 386 -58 -007 ,INDA C JENSEN BEVERLY HORTIN BEN O & ANNE GRWER )R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 18919 SARA PARK CIR 8923 SARA PARK CIR 18921 SARA PARK CIR , ARATOGA CA 95070 -4167 SARATOGA CA 95070 -4167 SARATOGA CA 950704167 86 -58 -008 386 -58 -009 386 -58 -010, 034, 041 386-59-001,.002, 4ARILYN PORTER ALEXA J FLETCHER 015 )R CURRENT OWNER OR CURRENT OWNER ROBERT L & ILDA ALLARIO 8917 SARA PARK CIR 18915 SARA PARK CIR 14169 OKANOGAN DR ARATOGA CA 95070 -4167 SARATOGA CA 95070 -4167 SARATOGA CA 95070 -5533 86 -58 -011 386 -58 -012 386 -58 -013 :EISUN CHAN KELLY P BLUNDEN JOYCE A ROGGENKAMP )R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 8909 SARA PARK CIR 18905 SARA PARK CIR 18901 SARA PARK CIR ; ARATOGA CA 95070 -4149 SARATOGA CA 95070 -4149 SARATOGA CA 95070 -4175 86 -58 -014 386 -58 -015 386 -58 -016 ,OBERT L CARE HANNAH QUAIN ERCOLE & NORMA RONCO )R CURRENT OWNER OR CURRENT OWNER 1213 SABAL DR 8895 SARA PARK CIR 18891 SARA PARK CIR SAN JOSE CA 95132 -2750 ; ARATOGA CA 95070 -4175 SARATOGA CA 95070 -4175 8017 386 -58 -018 386 -58 -019 - EANIE H KIM JEANE PATTERSON YIN WANG )R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 8907 SARA PARK CIR 18903 SARA PARK CIR 18899 SARA PARK CIR - ARATOGA CA 95070 -4149 SARATOGA CA 95070 -4149 SARATOGA CA 95070 -4175 86 -58 -020 386 -58- 020,028,033 386 -58 -021 CUNNINGHAM ROBERT L ALLARIO RICHARD E & BARBARA STRAW 8962 SARA PARK CIR" 14169 OKANOGAN DR 24179 SUMMIT WOODS DR ARATOGA CA 95070 -4166 SARATOGA CA 95070 -5533 LOS GATOS CA 95033 86 -58 -022 386 -58 -023.. 386 -58 -024 ARRY .SCOTT LEONARD ROTH J & JACQUELINE VAN NEST 1R CURRENT OWNER OR CURRENT OWNER 19935 CHARTERS AVE 8908 SARA PARK CIR 18904 SARA PARK CIR SARATOGA CA 95070 -4411 " ARATOGA CA 95070 -4174 SARATOGA CA 95070 -4174 386 -58 -027 86 -58 -025.. 386 -58 -026 RALPH REINKER AKAMOTO FLORENCE A FOSS OR CURRENT OWNER 3958 LACEY AVE 10427 FAIRWAY LN 18910 SARA PARK CIR ARATOGA CA 95070 CARMEL CA 93923 -8034 SARATOGA CA 95070 -4174 . 86 -58 -028. 386 -58 -029 386 -58 -030 JILLIAM A BATTAGLIA JENNY CHEN EASUS J VILLANO -)R CURRENT OWNER' OR CURRENT OWNER.. OR CURRENT OWNER 8906 SARA PARK CIR 18902 SARA PARK CIR 18898 SARA PARK CIR ARATOGA CA 95070 -41.74 SARATOGA CA 95070 -4163 SARATOGA CA 95070 -4163 86 -58 -031 386 -58 -032 386 -58 =035 TEVE T NISHIMOTO - M F FENSTERMAKER DAVID RICHARDS IR CURRENT, OWNER OR CURRENT OWNER : 19935 CHARTERS AVE 8896 SARA PARK CIR 31 18892 SARA PARK CIR SARATOGA CA 95070 -4411 ARATOGA CA 95076 -4163 SARATOGA CA 950704163 386 -58 -038 86 -58 -036. 386 -58 -037 THOMAS BREDIS (ARIA D FIGUEROA _ . EDMUND CHANG OR CURRENT OWNER O BOX 2827 20037 SEA GULL WAY 18953 SARA PARK CIR ARATOGA CA 95070 =0827 SARATOGA CA 95070 -3247 SARATOGA CA' 95070 -4176 86 -58 -039 386 -58 -040 386 -58 -042 DONNA HANDA - .OBERT L CARE _ RICHARD D SHEBS OR CURRENT OWNER IR CURRENT OWNER 267 MESQUITE RIDGE LN 18939 SARA PARK CIR 8949 SARA PARK CIR... HENDERSON "NV 89012 -3410 SARATOGA CA 95070 -4168 " ARATOGA CA 95070 -4176 86 -58 -043 386 -59 -003 386 -59 -.004 ARRYL B MATSUDA ROBERT L CARE FARSHID ZARBAKHSH " lR CURRENT OWNER OR CURRENT OWNER 14766 GYPSY HILL RD 8935 SARA PARK CIR ', 18944 SARA PARK CIR SARATOGA CA 95070 -4165 ARATOGA CA 95070 -4168 " SARATOGA CA 95070 -4165 36 -59 -005 386 -59 -006 386 -59 =007 ICHARD VALENZUELA AMOS & ELENA LI JUDY SCOTT -R CURRENT OWNER OR CURRENT OWNER 22093 BAXLEY CT 3934 SARA PARK CIR 18954 SARA PARK CIR CUPERTINO.CA 95014 -4744, ARATOGA CA 95070 - 4165.. SARATOGA CA 95070 -4177 36 -59 -008 386 -59 -009 386 -59 -010 !ARIA F DE LEON LUCY KARPIK U LILLIAN R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER X946 SARA- PARK CIR, 18942 SARA PARK CIR SARA PARK CIR - ARATOGA CA 95070 -4177 SARATOGA CA 95070 -4165 SARATOGA CA 95070 -4165, RA 36 -59 -011 386 -59 -012 386 -59 -013 ONALD H & KATHLEEN WINNER PETER J & ANGELICA APEL ARMIN C & ROBIN HOFSOMMER R RRENT OWNER OR CURRENT OWNER 14510 A BIG BASIN WY 3 RA PARK CIR 18956 SARA PARK CIR SARATOGA CA 95070 A OGA CA 95070 -4165 SARATOGA CA 95070 -4177 36 -59 -014 386 -59 -016 386 -59 -017 H BRABANT SHIRLEY C & RICHARD MOBILIO SONIA M AGEE -R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 3960 SARA PARK CIR 18964 SARA PARK CIR 18966 SARA PARK CIR ARATOGA CA 95070 -4166 SARATOGA CA 95070 -4166 SARATOGA CA 95070 -4166 386 -59 -019 386 -59 -021 . 36 -59 -018 PATRICIA NAMBA DANIEL C & MICHELE RAPPAPORT NNE C RUO OR CURRENT OWNER OR CURRENT OWNER 345 TURNSTONE WAY 18973 SARA PARK CIR 18969 SARA PARK CIR UNNYVALE CA 94087 -3737 SARATOGA CA 95070 -4169 SARATOGA CA 95070 -4169 36 -59 -.022 386 -59 -023 386 -59 -024 OLEEN P LEE -WHEAT IRINA VAYNSHTEYN MARSHA PALMQUIST R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 3967 SARA PARK CIR 18965 SARA PARK CIR 18920 SARA PARK CIR ARATOGA CA 95070 -4169 SARATOGA GA 95070 -4169 SARATOGA CA 95070 -4164 36 -59 -025 386 -59 -026 386 -59 -027 OROTHEA NIELSON PAUL S & CATHERINE NADELL JUDY & GEORGE HO R CURRENT OWNER OR CURRENT OWNER 13095 VIA ESCUELA CT 3922 SARA PARK CIR 18926 SARA PARK CIR SARATOGA CA 95070 -4461 GA CA 95070 -4164 SARATOGA CA 95070 -4164 36 -59 -029 386 -59 -031 386 -59 -032 RETT CATTERALL CHARLOTTE HOLMDAHL JANET M HAYDEN R CURRENT OWNER OR CURRENT OWNER 19501 NORTHAMPTON DR 3932 SARA. PARK CIR 72 18976 SARA PARK CIR SARATOGA CA 95070 -3332 ARATOGA CA 95070 -4164 SARATOGA CA 95070 -4166 36 -59 -033 386 -59 -034 386 -62 -001 ASAN TEYMOURI SUZANNE CONENS JAMES M & CARA MARTIN R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 3972 SARA PARK CIR • 18970 SARA PARK CIR 18891 BIARRITZ LN ARATOGA CA 95070 -4166 SARATOGA CA 95070 -4166 SARATOGA CA 95070 -4192 36 -62 -002 386 -62 -003 386.62 -004 1ARI MATSUMOTO ALI FAR BETTY J WATKINS R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 3883 BIARRITZ LN 18875 BIARRITZ LN 18867 BIARRITZ LN ARATOGA CA 95070 -4192 SARATOGA CA 95070 -4192 SARATOGA CA 95070 -4192 36 -62 -005 386 -62 -006 386 -62 -007 ARY R & LOIS SCHULTZ NORMAN A & VIRGINIA SMITH J DE VERA R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 3859 BIARRITZ LN 12624 BIARRITZ LN 12630 BIARRITZ LN kRATOGA CA 95070 -4192 SARATOGA CA 95070 -4193 SARATOGA CA 95070 -4193 (008 386 -62 -009 386 -62 -010 ENISE RENOLA DANIEL H & HELEN SCHEEL JULENE R GOMEZ R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER :636 BIARRITZ LN 12642 BIARRITZ LN 12648 BIARRITZ LN ARATOGA CA 95070 -4193 SARATOGA CA 95070 -4193 SARATOGA CA 95070 -4193 36 -62 -011 386 -62 -012 386 -62 -013 USAN SUKONICK DAVID A & JUDITH STUART TRUDE -CHEA KO - R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 2654 BIARRITZ LN 18831 BIARRITZ CT 18837 BIARRITZ CT ARATOGA CA 95070 -4193. SARATOGA CA 95070 -4194 SARATOGA CA 9507074194 36 -62 -014 386 -62 -015 386 -62 -016 ALLY N GRAY ROBERT E & DIANNE ROTH CAROL MANNING ,R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 3847 BIARRITZ CT' 18830 BIARRITZ CT 18838 BIARRITZ CT ARATOGA CA 95070 -4194 SARATOGA CA 95070 -4194 SARATOGA CA 95070 -4194 36- 62 -017 386 -62 -018 386 -62 -01.9 EITH P & WENDY HARROP PAMELA L POLLACE MARGIT K CHAPMAN !R CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 3846 BIARRITZ CT 18852 BIARRITZ CT 188,60 BIARRITZ CT ARATOGA CA 95070-4194 SARATOGA CA 95070 -4194 SARATOGA CA 95070-4194' 386 -62 -021 CITY OF, SARATOGA 86 -62 -020 DWARD PETRILLO` MIKE MASOUMI ATTN: Christopher Riordan. D1 AMBER OAK CT 19467 SARATOGA LOS GATOS RD 13777 FRUITVALE AVENUE OS GATOS CA 95032 -1370 SARATOGA CA 95070 -6434 SARATOGA.CA 95070 .vaned Listing Services .0. box 2593 Jana Point CA 92624 y i • • AFFIDAVIT OF MAILING NOTICES I, Denise Ka spar 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 24fl' day of March , 2008,, that I deposited 157 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 Noticed Hearing pursuant to Section 15- 45.060(b) of the Zoning Ordinance of the City, of Saratoga in that said persons and their addresses are those shown on. the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property described as: APN: 386 -17 -051 Address: 12651 SARATOGA AVE that on said day there was regular communication by United States Mail to the addresses shown above. Legal hdvertisingFublicNotices Word Notices ATEMENT OF ANDONMENT OF USE OF SITIOUS BUSINESS NAME 06142 e - following person (per ns) has /have abandoned t use of the fictitious busi- SEARCH (GVR)L 210399 :RIDA DRIVE, SARATOGA, 95010. e fictitious business name erred to above was filed in nta Clara County on 2/94 under file number 3880. is business was conducted an individual. /SAM C.S. CHEN/ 999 MERIDA DRIVE .RATOGA CA 95070 is %tplemenl was fled with e County Clerk of Santa lea County on 2/29108. ub SN 3/19, 3126, 4/2, 9) )TICE TO CREDITORS GERALDINE CORBETT )PERIOR COURT OF ILIPORNIA COUNTY SANTA CLARA re the Geraldine Corbett ring Trust created icember 30, 2007 by ira ' rbetl, Decedent is 4 Jr., Trustee .I PRden to rite by given to the editors .and contingent editors of the above -named 'mcedent are required to file em with the Superior iurl, at 191 N. First Street, to -Jose. California 95113. Id mail a copy to Charles irbett, Jr. as trustee of the ust dated December 30, )07,.wherein the decedent as the settlor, c/o Carney 8 igai, LIP, 16450 Los Gatos vd.. Ste. 208, Los Gatos, llifornia 95032, within the ter of four months after arch 26, 2008, or, if notice mailed or personally deliv ed to you, 60 days after the ite this notice is mailed or ersonally delivered to you. A aim from may be obtained om the court clerk. For your otection, you are encour- ;ed to file your claim by cer- :ied mail, with return receipt quested. nda Yarned Sugai irney 8 Sugai, LLP ;450 Los Gatos Blvd.. 208 Los Gatos, CA 95032 08- 356.6886 'ub SN 3/26. 4/2, 4/9) OTICE OF PETITION TO DMINISTER ESTATE OF HYLUS H. ZWEIG ASE No. 1.08-PR-162974 ) all, heirs, beneficiaries, editors, contingent credi- irs, and persons who may therwise be interested in )e will or estate, or both of HYLLIS H. ZWEIG PETITION has been filed by )NATHAN M. ZWEIG in the uperior Court of California, ounty of Santa Clara. HE PETITION requests that ?N ZWEIG AND ROZMAN be E p personalrepre- mt. administer the estate of the decedent. THE PETITION requests the decedent's WILL and codicils, if any, be admitted to pro- bate. The will and any codi- cils are available for examina. tion in the file kept by the court. THE PETITION requests authority to administer the estate under the Indepen- dent Administration of Estates Act. (This authority will allow the personal repre- sentative to lake many actions without obtaining court approval. Before taking certain very important actions, however, the person- al representative will be required to give notice to interested persons unless they have waived notice or consented to the proposed action.) The independent administration authority will be granted unless an Inter- ested person files an objec- tion to the petition and shows good cause why the court should not grant the authority. A HEARING on the petition will be held on APRIL 30, 2008, 9:00 a.m. in Dept. 15 located at 191 North First St., San )Ose, CA 95113. IF YOU OBJECT to the granti- ng of the petition, you should appear at the hearing and stale your objections or File written objections with the court before the hearing. Your appearance may be in person or by your attorney. IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must rile your claim with the court and mail a copy to the personal repre- sentative appointed by the court within four months from the date of first issuance of letters as provid- ed in section 9100 of the Califomia Probate Code. The time for filing claims will not expire before four months from the hearing date noticed above. YOU MAY EXAMINE the File kept by the court. If you are a person interested in the estate, you may file with the court a formal Request for Special Notice of the filing of an inventory and appraisal of estate assets or of any peti- tion or account as provided in section 1250 of the California Probate Code. A Request for . Special Notice form is avail- able from the court clerk. Attorney for petitioner: PETER 5. STERN 400 CAMBRIDGE AVENUE, SUITE A PALO ALTO, CA 94306 650- 326 -2282 (Pub SN 4/2, 4/9, 4/16) AMENDED NOTICE OF PETITION TO ADMINISTER ESTATE OF VICTOR B. HUEY CASE NO. 2-08-PR-162575 To all heirs, beneficiaries, .creditors, contingent credi- tors, and persons who may otherwise be interested in the will or estate, or both of VICTOR B. HUEY A PETITION has been filed by MARY ANN HUEY in the Superior Court of California, County of Santa Clara. THE PETITION requests that MARYANN HUEY be appoint- ed as personal representative to administer the estate of the decedent. THE PETITION requests the decedent's WILL and codicils, if any, be admitted to pro- bate. The will and any codi• cils are available for examina- tion in the file kept by the court. THE PETITION requests authority to administer the estate under the Independent Administration of Estates Act. (This authori- ty will allow the personal rep- resentative to take many actions without obtaining court approval. Before taking certain very important actions, however, the person- al representative will be required to give notice to interested persons unless they have waived notice or consented to the proposed action.) The independent administration authority will be granted unless an inter- ested person files an objec- tion to the petition and shows good cause why the court should not grant the authority. A HEARING on the petition will be held on APRIL 9, 2008, 9:00 a.m. in Dept. 15 located at 191 North First St., San lose, CA 95113. IF YOU OBJECT to the granti- ng of the petition, you should appear at the hearing and 'late your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney. IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mail a copy to the personal repre- sentative appointed by the court within four months from the date of First issuance of letters as provid- ed in section 9100 of the California Probate Code. The time for filing claims will not expire before four months from the hearing date noticed above. YOU MAY EXAMINE the file kept by the court. If you are a person interested in the estate, you may File with the court a formal Request for Special Notice of the riling of an inventory and appraisal of estate assets or of any peti- tion or account as provided in section 1250 of the California Probate Code. A Request for Special Notice form is avail- able from the court clerk. Attorney for petitioner: ROY W. LITHERIAND. SBN 064340 3425 S. BASCOM AVENUE, SUITE 240 CAMPBELL, CA 95008 408.356 -9200 (Pub SN 3119, 3/26, 4/2) SARATOGA FIRE PROTECTION DISTRICT COUNTY OF SANTA CLARA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that during the course of its regular meeting on Tuesday, April 29, 2008, commencing at 9:00 a.m. the Board of fire Commissioners of the Saratoga Fire Protection District will hold a public hearing for all interested citi- zens of the District regarding the following: A RESOLUTION OF THE BOARD OF FIRE COMMISSIONERS OF THE SARATOGA FIRE PROTECTION DISTRICT ADOPTING A MASTER FEE SCHEDULE . Said meeting will be held in the meeting room of the Saratoga Fire Station, located at 14380 Saratoga Avenue. Saratoga, California. The proposed fee schedule may be examined during reg- ular business hours at the offices of the Saratoga Fire Protection District located at the above address. For addi• tional information; please contact the. District Clerk, Trina Whitley, at (408) 867• 9001 x 303. All interested citizens will have the opportunity to give written and oral comment. If you challenge this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or In written coF- respondence delivered to the District al, or prior to, the public hearing. Dated: April 2, 2008 Trina Whitley, District Clerk (Pub SN 4/2, 4/9) . trustee Sales NOTICE OF HEARING BEFORE THE CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Clerk of the Saratoga City Council, State of California, has set Wednesday, the 16th day of April 2008, at 7:00 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for a public hearings on: 1. AN ORDINANCE AMEND- ING THE CITY CODE OF THE CITY OF SARATOGA TO ESTABLISH GROUP PARK USE STANDARDS FOR KEVIN MORAN PARK. All interested persons may appear and be heard at the above time and place. If you challenge the subject pro- jects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Council at, or prior to, the public hearing. A copy of any malei- ial provided to the City Council on the above hear- ings is on file at the Office of the Saratoga City Clerk at 13777 Fruitvale Avenue, Saratoga. Questions may be addressed to the City Clerk, (408) 868.1269. /s /Ann Sullivan, CMC Deputy City Clerk (Pub SN 4/2) CITY OF SARATOGA NOTICE or ADOPTION OF ORDINANCE NO. 256 AMENDING CHAPTER 16 OF THE SARATOGA MUNICIPAL CODE RELATING TO BUILD- ING REGULATIONS AND FIRE SAFETY NOTICE IS NEARBY GIVEN that at 7 PM on March 19, 2008, in the Community Theater, Saratoga City Hall, 13777 Fruitvale Avenue, Saratoga, CA 95070, the City Council of the City of - Saratoga adopted Ordinance NO. 256 amending Chapter 16 of the Saratoga Municipal Code, relating to building regulations and fire safety. The ordinance adopts the 2007 California Building, Fire, Electrical, Mechanical and Plumbing Codes and amends them to reflect local conditions in the City of Saratoga. The amendments generally retain the City's amendments to former edi- tions of these Codes. The ordinance updates some reg. ulations, including those for earthquake safety and auto- matic fire sprinklers. The ordinance also adopts an "Excavation and Grading" Code to ensure the City retains its current excavation and grading provisions. Finally, the ordinance adopts a "Repair and Reconstruc. tion" Code to ensure that damaged structures are repaired to a structurally safe level. Copies of the 2007 California Building, Plumbing, Mechanical, Electrical and Fire Codes, the "Excavation and Grading" Code, the "Repair and Reconstruction" Code and certified copies of Ordinance NO. 256 are on file and open to public inspection at the office of the City Clerk of the City of Saratoga, Saratoga City Hall, 13777 Fruitvale Avenue, Saratoga, .CA 95070, during regular business hours. Ordinance NO. 256 was adopted unanimously with Cauncilmein bers Waltonsmith, Page, King, Hunter, and Kao voting "aye." /s /Ann Sullivan, Acting City Clerk Dated: March 25, 2008 (Pub SN 4/2) NOTICE OF HEARING BEFORE PLANNING COMMISSION CITY OF SARATOGWS PLANNING COMMISSION announces the following public hearings on Wednesday, the 9th day of April 2008 at 7:00 p.m. in the City Council Chambers locat- ed at 13777 Fruitvale Avenue. Saratoga, CA 95070. Details and plans are available at the Saratoga Community Development Department, Monday through Thursday, 7:30 a.m. - 5:00 p.m. If you have questions. Planners are available at the public counter between the hours of 7:30 a.m. and 12:00 noon. All interested persons may appear and be heard at the above time and place. If you challenge a decision or the Planning Commission pur- suant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice, or in written correspondence delivered to the Saratoga - Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's infor- mation packets, written com- munications should be filed on or before the Tuesday, a week before the meeting. described more fully on said deed of trust. The street Page -, as Instrument NO. 19648978 of said Official A site visit will be held on the day preceding the hearing address and other common designation, if any, of the real Records, will sell on - 4/912008 at . the North date listed above as part of property described above is Market Street Entrance to the, the standard Site Visit purported to be. 18774 Afton County Courthouse 190 Committee agenda. Site vis- Avenue, , Saratoga, CA APN: North Market Street San - its occur between 3:30 and 389.17.015 The undersigned lose, CA at 11:00 A.M. at pub - 5:00 p.m. The site visit is open to the public. The Site Trustee disclaims any liability for any incorrectness of the lic auction to the highest bid- der for cash (payable at the Visit Committee will convene street address and other time of sale in lawful money . at the City Hall parking lot at common designation, if any, of the United States), all 3:30 p.m. on the day preced- shown here. Said sale will right, title and interest con- ing the hearing and visit the be made AS IS, without veyed to and now held by it site listed above and may covenant or warranty, under said Deed of Trust in visit other sites as well For expressed or implied, regard• the property situated in said more information please ing title, possession or County and State hereinafter contact the Community encumbrances, to satisfy the described: As more fully Development Department at obligations secured by and described on said Deed of 408 868.1222 or review the pursuant to the Power of Sale Trust. The property address Site Visit Agenda on the conferred in a certain Deed and other common designa - City Website at www.sarato• of Trust executed by lion, if any, of the real proper - ga.ca.us. Application JISUBO7 -0062 . TRUSTOR(S): Danfel S. Osborne, a married man as ty described above is pur- ported to be: 20042 Kam (386.17 .OSe Saich; 11651 his sole and separate proper. Circle Saratoga, CA .95070 Saratoga Avenue: -The appli- ty, Recorded May 24, 2001 The undersigned Trustee dis- tant requests Tentative as Inst. No. 19443982, in the claims any liability for any Parcel Map approval to sub- office of the County Recorder incorrectness of the property divide an approximately .63- of Santa Clara County. At the address and other common acre (27,280 square feet) par- Eel located at 12651 Saratoga time of the initial publication of this Notice, the total designation, if any, shown herein. The total amount of Avenue into two lots. The amount of the an bat. the unpaid balance of the existing single- family rest- ante of the obligation obligation secured by the dente will be removed, secured by the above property to be sold and lea- Parcel A would have street described Deed of Trust and .satiable estimated costs, frontage on both Saratoga estimated costs, expenses, expenses and advances at Avenue and Sun Valley Court fees, and advagces is the time of the initial publica• Lot B would have frontage on $676,873.05. To determine tion of the Notice of Sale is: Saratoga Avenue. The pro* the opening bid, you may $274,102.01 In addition to posed parcel size for Lot A call: The day before.the sal . cash, the Trustee will accept would be approximately .23 Date 85. a ashier's check drawn on a acres (10,007 square feet) Dated: March 6, 2008 : Marc state or national bank, a and Lot B would be approxi• CI Investment Services, Inc, check drown by a state or malely 36 acres or (15,629 Trustee 5161 Soquel Drive, federal credit union or a square Feet). The property Is currently zoned R- 1.10,000 Suite D Soquel, Ca 95073 check drawn by a state or Federal savings and loan (Single Family Residential) By: Sue Jamieson. Foreclosure Officer P377821 association, savings SN 4/2) (Pub SN 3/19, 3/26, 4/2) lion or savings bank. speci- ' Red in Section 5102 of the NOTICE OF TRUSTEE'S SALE Financial Code and autho- �.. �` �f�t I Oq�Cr UNDER DEED OF TRUST . rized to do business in this In the tender J u'L' `6 fUd FILE: 07045 RDK LOAN: 207.042 state. event other than cash is accepted OTHER: 800257 the Trustee may withhold the FC #: 271078 INVESTOR LOAN •: -A.P. issuance of the Trustee's NOTICE OF TRUSTEE'S SALE NUMBER386- 49.008 ' Deed until funds become YOU ARE IN DEFAULT UNDER YOU ARE IN DEFAULT UNDER available to the payee or A DEED OF TRUST DATED A DEED OF TPIUST, DATIED endorsee as a matter of right. May 16, 2007. UNLESS YOU JUNE 4, 2007, UNLESS YOy Said sale will be made, but TAKE ACTION TO PROTECT TAKE ACTION TO PROTECT without covenant or warran. YOUR PROPERTY, IT MAY BE YOUR PROPERTY, IT MAY BE ty, express or implied regard- SOLD AT A PUBLIC SALE. IF SOLD AT A PUBLIC SALE. IF ing title, possession or YOU NEED AN EXPLANATION YOU NEED AN EXPLANATION encumbrances; to satisfy the OF THE NATURE OF THE OF THE NATURE OF THE indebtedness secured by PROCEEDING AGAINST YOU, PROCEEDING AGAINST YOU, said Deed, advances thereun- -YOU SHOULD CONTACT A YOU SHOULD CONTACT A der, with interest as provided ' LAWYER. On April 9, 2008 LAWYER. Notice is hereby therein, and the unpaid prin- at, 10:00 AM of said day, At given that Community cipal balance of the Note the entrance to the Superior Properties, Inc, as trustee, or secured by said Deed with Courthouse, 190 N. Markel successor trustee, or subsli- interest thereon as provided St., San lose, CA CI tilted trustee pursuant to the in said Note, fees. charges Investment Services, Inc., a Deed of Trust executed by and expenses of the trustee California corporation the Michael D. Soloman and and the trusts created by said Trustee or Successor Trustee, Karen A. Soloman Recorded Deed of Trust. or Substituted Trustee, will on 6/6/2007 as Instrument Dated: 3/4/2008 sell at a public auction to the . No. 19458265 in Book • Page Community Properties. Inc, highest bidder for cash . of Official records in the as said Trustee, (payable at the time of sale in office of the County Recorder' 57 E Campbell Ave Suite lawful money of the United of Santa Clara County, 3, Campbell, Ca 95008 States) the following California, and pursuant to (408)379.1274 described property situated the Notice of Default and By: Roland D Keifer, Agent for in the County of Santa Clara, Election to Sell thereunder Trustee ASAP# 2708280 Slate Of California, and recorded 11109/07 in Book -, (Pub SN 3/19, 3126, 4/02) Important Information: No refitnds after submission. Canceled ads will receive ­61 fur future advertising. not a refund. Ads mum he canaled Went dead- line fm that issue. Advemis-1, arc xccpud upon the -presentation dui the ad- titer m ijer its agenn' have the right to publish the cootmts there- of In cnnsidernnn of such publication, sdveniser and iu ag", agree to indemnify and hold the publisher harmless against any expense or toss by rtaon of any claims arising our of publication. The publisher rese-s the right to edit, slier, omit, or re6sw any xd -icing submitted. For policies -naming specific categaties. Pleare refer in the Jim" graph w the beginning of she.,.gnry or all us as 408.200.1025 or email w m dsmifiWmkv -mm i,y-- papns.com. Srlicon Valley community Newspapers accepts no lia- bility for its failure, for any cause, to insert an advertise. ment. Liability lot any error appearing in an advertisement is limited to the cost of the space actually occupied. No allowance, however, will be granted for an error that does not materially affect the value of the advertisement. To quality I., an adjustment. any error must be reported within 15 days of publicatien date. Credit It, emars is limited to first insetuoa PROOF OF PUBLICATION San Jose Mercury News 750 REDDER PARK DRIVE SAN JOSE, CALIFORNIA 95190 IN THE City of San Jose STATE OF CALIFORNIA COUNTY OF SANTA CLARA City of Saratoga Abigail Ayende / Community Development 13777 Fruitvale Avenue Saratoga, CA 95070 Legal Ad No. 2734380 STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARE The undersigned, being first duly sworn, deposes and says: That at all times. hereinafter mentioned affiant was and still is a citizen of the United States, over the age of eighteen years, and not a party to nor interested in the above entitled proceedings; and was at and during all said times. and still is the .principal clerk of the printer and ,publisher of the San Jose Mercury News, a newspaper of general circulation printed and published daily in the city of San Jose in said County of Santa Clara, State of California, that said 7San Jose Mercury News is and was at all times herein mentioned a newspaper of general circulation as that term is . defined by Sections 6000 and following, of the Government Code of the State of California, and; as provided by said sections, is published for the dissemination of local or tele- graphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers,and is not devoted to the interests or published for the entertainment or instruction of a particular class, professional, trade, calling, race or denomi- nation, or for the entertainment and instruction of any number of such 'classes, professionals, trades, callings, races or denomina- tions; that at all times said newspaper has been established, printed and published in the said city of San Jose in said County and State at regular intervals for more than one year preceding the first publication of the notice herein mentioned; that said notice was set in type not smaller than nonpareil and was pre - ceded with words printed in black -face type not smaller than non- pareil, describing and expressing in general terms, the purport and character of the notice intended to be given; that the clipping of which. is annexed is a true printed copy, was published and printed in said newspaper on the following, dates, to -wit: April 8,2008 Dated at _ San Jo CCaornia this 28` d 08 f I declare under penalty of perjury that the foregoing is true and correct. Signed...:.. . .... ............................... Principal clerk of the printer and publisher of the San Jose Mercury News. • is I . • Attachment ..7. • LAND b Na 5946 a EXV. 12/01/2008 e J•f,� Qr CA13` l i 7 e3 G s i' I I I I I SARATOGA AVENUE GRAPHIC SCALE ( IN rm ) 1 mch - zoft PROJECT DATA DEVELOPER /OWNER: JOHN SA1CH 12657 SARATO ( A AVENE ca,.•: ; . SARATOGA. CA 95070 LAND USE CONSULTA T: STEPHEN GRA 2735 PORTER S ANO ASSOC. 7REET SOOUEL. CA 9 73 837- 465 -976 - LAND SURVEYOR: MCGRECOR LA SURVEYORS P.O. BOX 18711 SOQUEL. CA 95073 831- 479 -19531 1. WATER SOURCE: SANTA 2. SEWAGE DISPOSALS CLARA VALLEY WATER DISTRICT WEST VALLEY SANITATION DISTRICT - 3. PRESENT ZONING: YR -1 -10 Z. PROPOSED ZONING: 5. PRESENT LAND USE: R -1 -10 MEDIUM DENSITY RESIDENTIAL =x" _ .. 6. PROPOSED LAND USE: MEDIUM DENSITY RESIDENTIAL 7. EXISTING LOT SIZE: 27,280± S.F or 0.6263 ACRES 8. PROPOSED LOT SIZES 1) PARCEL A: GROSS- 11,651 S.F. PARCEL B: GROSS 5.6291 S.F. 9. COMMON AREA: NONE 10. AREAS SUBJECT( TO INUNDATION: NONE 11. NO IMPROVEMENTS ARE PLANNED AS PART AS PART OF THIS LAND DIVISION 12. FUTURE UTILITY jCONNECTIONS PARCEL A SHALL BE SERVED BY WATER & SEWER FROM SUN VALLEY COURT. PARCEL B SHALL UTILIZE EXISTING SEWER AND WATER CONNECTIONS ON SARATOGA AVENUE. NO EASEMENTS FOR UTILITIES ARE NECESSARY. 13, ACCESS: PARCEL A SHALL BE ACCESSED FROM SUN VALLEY COURT. PARCEL B SHALL BE ACCESSED FROM EXISTING DRIVEWAY OFF ------- - ---- . - - - -. OF SARATOGA AVENUE. 14. IMPROVEMENTS:] NO IMPROVEMENTS ARE PROPOSED AS PART OF THE MINOR LAND DIVISION. THE EXISTING RESIDENCE TO BE DEMOLISHED PRIOR TG RECORDING THE PARCEL MAP. 15. ALLOWABLE F.A.R. PARCEL A: 3.200 SO. FT. N PARCEL B: 4,050 SO. FT. V W > N n n m Z U r / fl CJ cj o L W OC C.� U LEGEND IP INDICATES IRON PIPE SURVEY MONUMENT FD INDICATES FOUND \ • INDICATES FOUND SURVEY MONUMENT ( BASIS OF ELEVATIONS RIM ELEVATION ON SS RIM SHOWN WITH ON SARATOGA AVE u. ELEVATION 283.91 PER WEST VALLEY SANITATION DISTRICT a CL ° I r Q N L < 0 W 000 >Za0 3dma Ct my W i n Aw= SARATOCKAVENtiE . $60 Iart G Pa ko Cam $ j Park, Flim .. 3 y, dc` AD- W \' NOTED VICINITYJULY wrE: 2007 SEER: 1 OF 1 I ta5,5a O1 olT