HomeMy WebLinkAbout04-28-2010 Planning Commission PacketTable of Contents
Agenda 2
March 24, 2010
Draft Minutes 4
Capital Improvement Program/Finding of General Plan
Consistency
Staff Report 6
Resolution 11
Exhibit A 12
Santa Clara Valley Water District Capital Improvement
Program/Finding of General Plan Consistency
Staff Report 13
Letter from SCVWD 14
SCVWD Project Descriptions 15
Resolution 35
Exhibit A 36
APPLICATION CUP09-0023 (393-45-023) Tienchaun Ko,
13915 Saratoga Avenue
Staff Report 38
Resolution 43
Existing CUP 45
Neighbor Notification Forms 48
Letter Mailed to Neighbor 52
Photos of Existing Second Unit 54
Mailing Notices 56
APPLICATION CUP10-0003 (386-01-027) Lai, 12000 Saratoga-
Sunnyvale Road
Staff report 61
Resolution 66
Parking Study 71
Peer Review 74
Neighbor Forms 75
Notice 78
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CITY OF SARATOGA PLANNING COMMISSION
AGENDA
DATE: Wednesday, April 28, 2010 - 7:00 p.m.
PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
ROLL CALL
Commissioners - Chair Yan Zhao, Vice-Chair Mary-Lynne Bernald, Manny Cappello, Joyce Hlava, David Reis,
Douglas Robertson and Linda Rodgers
PLEDGE OF ALLEGIANCE
ELECTION OF CHAIR
MINUTES
Action Minutes from the Regular Planning Commission Meeting of March 24, 2010
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 22, 2010
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).
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.
PUBLIC HEARING
1. Capital Improvement Program/Finding of General Plan Consistency - Adopt a Resolution finding that
the City's Capital Improvement Program is consistent with the City of Saratoga's General Plan. (John
Cherbone)
2. Santa Clara Valley Water District Capital Improvement Program/Finding of General Plan
Consistency - The Santa Clara Valley Water District (SCVWD) is requesting that the Planning
Commission adopt a Resolution finding that the SCVWD Capital Improvement Program projects within the
City are consistent with the City of Saratoga’s General Plan. (John Cherbone)
3. APPLICATION CUP09-0023 (393-45-023) Tienchaun Ko, 13915 Saratoga Avenue - The applicant is
requesting a modification to an existing Conditional Use Permit to remove existing conditions that place
limits on the age, physical characteristics, and number of persons who can occupy an existing secondary
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dwelling unit. The City previously modified the Secondary Dwelling Unit regulations and no longer
restricts or enforces conditions that limit secondary dwelling unit occupancy. (Christopher A. Riordan,
AICP)
4. APPLICATION CUP10-0003 (386-01-027) Lai, 12000 Saratoga-Sunnyvale Road - The applicant is
requesting a Conditional Use Permit to expand an existing Day Care / Montessori School in the
commercial-visitor (C-V) zoning district. The site is located at the corner of Saratoga-Sunnyvale Road and
Prospect Road. The Day Care / Montessori School will occupy an existing 5,527 square-foot building. The
proposed Montessori School would provide services to 89 students with 9 employees and operate Monday
through Friday from 7:00 AM to 7:00 PM. There are 38 parking spaces on the subject parcel. A Parking
Study and Peer Review were completed for the project and found that the circulation and available parking
supply would be adequate for the proposed project and the surrounding uses. (Cynthia McCormick)
DIRECTORS ITEM
COMMISSION ITEMS
COMMUNICATIONS
ADJOURNMENT TO NEXT MEETING
- Wednesday, May 12, 2010 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).
POSTING
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 22,
2010, 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 planning@saratoga.ca.us
NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at
www.saratoga.ca.us
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CITY OF SARATOGA PLANNING COMMISSION
ACTION MINUTES
DATE: Wednesday, March 24, 2010 - 7:00 p.m.
PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
ROLL CALL
Commissioners - Chair Yan Zhao, Vice-Chair Mary-Lynne Bernald, Manny Cappello, Joyce Hlava, David Reis,
Douglas Robertson and Linda Rodgers
PLEDGE OF ALLEGIANCE
MINUTES
Action Minutes from the Regular Planning Commission Meeting of March 10, 2010
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 March 18, 2010
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).
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.
PUBLIC HEARING
1. APPLICATION PDR09-0027-(366-49-032) Pong, 20865 Wardell Road – Lot D - The proposed
application consists of a request for Design Review approval, Accessory Structure Height Exception, and
Grading Exception to construct a new two-story single-family dwelling and porte cochere (carriage porch)
on a currently vacant lot at 20865 Wardell Road, Lot D. The dwelling will consist of approximately 6,157
square feet of floor area and a 2,025 square foot basement. The height of the residence will not exceed the
26-foot limitation. The height of the porte cochere will be approximately 14.5 feet. The lot size is
approximately 2.0 acres and the site is located in the HR (Hillside Residential) zoning district. Design
Review approval by the Planning Commission is required pursuant to Saratoga Municipal Code Section 15-
45.060. (Michael Fossati) (Approved as amended, 7:0)
2. APPLICATIONS SUB08-0002, ARB08-0034, ENV08-0001, PDR08-0015,16,17,18 (403-24-008)
Associates One, 13686 Quito Road - Mitigated Negative Declaration, Tentative Parcel Map, and Design
Review to subdivide two existing lots into four lots and construct four new Single Family Homes.
(Christopher A. Riordan) ((SUB08-0002-Approved, 6:1(Bernald), ENV08-0001-Approved, 7:0, PDR08-
0015,16,17,18 – Approved 5:2(Bernald and Reis))
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3. Amendment to City Code Article 15-47 Water Efficient Landscapes - Staff recommends the Planning
Commission recommend to the City Council that it approve an amendment updating City Code Article 15-
47 regarding Water Efficient Landscapes (Cynthia McCormick) (Approved, 7:0)
DIRECTORS ITEM
COMMISSION ITEMS
COMMUNICATIONS
ADJOURNMENT TO NEXT MEETING – ADJOURNED 10:15 PM
- Wednesday, April 28, 2010 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).
POSTING
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 March 18,
2010, 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 planning@saratoga.ca.us
NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at
www.saratoga.ca.us
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APPROVAL OF RESOLUTION NO.
CITY OF SARATOGA PLANNING COMMISSION
STATE OF CALIFORNIA
WHEREAS, the City of Saratoga Planning Commission has received a request from the
Public Works Director to find that the Proposed Capitol Improvement Program is consistent with
the City of Saratoga General Plan; and
WHEREAS, the Planning Commission reviewed and considered the materials submitted by
the Public Works Director which include a listing of each capitol project and the corresponding
General Plan Goal and Policy, attached as Exhibit A.
NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby find
that the proposed Capitol Improvement Program is consistent with the Goals and Policies of the
City of Saratoga General Plan in that the various improvement projects implement the programs
and objectives outlined in the various General Plan Elements.
PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California,
on April 28, 2010, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
Chair, Planning Commission
ATTEST:
___________________________________________
Secretary to the Planning Commission
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City of Saratoga
Community Development Department
MEMO
TO: PLANNING COMMISSION
FROM: John Livingstone, AICP
Community Development Director
DATE: April 28, 2010
RE: Santa Clara Valley Water District Capital Improvement Program/Finding of General Plan
Consistency
___
The Santa Clara Valley Water District (SCVWD) is requesting that the Planning Commission adopt a
Resolution finding that the SCVWD Capital Improvement Program projects within the City are
consistent with the City of Saratoga’s General Plan. In the material provided by the Public Works
Director each project is listed and the associated General Plan goal or policy is stated.
Staff recommends the Commission adopt the attached Resolution.
Attachments
1. Memo from Public Works Director, John Cherbone
2. Letter from SCVWD
3. SCVWD Project Descriptions
4. Resolution
5. SCVWD Capital Improvement Project List Spreadsheet (Exhibit “A”)
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APPROVAL OF RESOLUTION NO.
CITY OF SARATOGA PLANNING COMMISSION
STATE OF CALIFORNIA
WHEREAS, the City of Saratoga Planning Commission has received a request from the Santa
Clara Valley Water District to find that their Capital Improvement Program projects within the
jurisdiction of the City of Saratoga are consistent with the City of Saratoga General Plan; and
WHEREAS, the Planning Commission reviewed and considered the materials submitted by
the Public Works Director of the City of Saratoga and the Santa Clara Valley Water District which
include a listing of each capital project and the corresponding General Plan Goal and Policy,
attached as Exhibit A.
NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby find
that the proposed Santa Clara Valley Water District Capital Improvement Program projects are
consistent with the Goals and Policies of the City of Saratoga General Plan in that the various
improvement projects implement the programs and objectives outlined in the various General Plan
Elements.
PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California,
on April 28, 2010, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
Chair, Planning Commission
ATTEST:
___________________________________________
Secretary to the Planning Commission
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REPORT TO THE PLANNING
COMMISSION
Application No./Location: CUP09-0023 – 13915 Saratoga Avenue
Type of Application: Conditional Use Permit for an Existing Detached
Secondary Dwelling Unit
Owner: Tienchuan Ko
Staff Planner: Christopher A. Riordan, AICP
Meeting Date: April 28, 2010
APN: 393-45-023 Department Head:
John Livingstone, AICP
13915 Saratoga Avenue
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Application No., CUP09-0023 / 13915 Saratoga Avenue
EXECUTIVE SUMMARY
PROJECT HISTORY:
Application filed: 11/16/09
Application complete: 03/31/10
Notice published: 04/14/10
Mailing completed: 04/05/10
Posting completed: 04/22/10
PROJECT DESCRIPTION:
The applicant is requesting a modification of a Conditional Use Permit for an existing
Secondary Dwelling Unit located at 13915 Saratoga Avenue. The Conditional Use
Permit for the Secondary Dwelling Unit initially received Planning Commission approval
on May 10th, 1989.
The original Conditional Use Permit included conditions of approval requiring that:
• The main dwelling or the second unit was to be occupied as the principle residence of
a person 60 years of age or older or a person who was physically handicapped; and
• The second unit could not be occupied by more than two people as permanent living
quarters.
The original Conditional Use Permit also included a condition requiring its recordation
with the Santa Clara County Recorder’s Office.
The City Code has been modified since 1989 and it is no longer a requirement to obtain a
Conditional Use Permit for the construction of Secondary Dwelling Units. In addition,
the City no longer restricts or enforces conditions that limit Second Unit Occupancy by
age or the number of occupants.
The property at 13915 Saratoga was recently sold. The new property owner would like
the Conditional Use Permit to be modified to remove the conditions as mentioned in the
preceding paragraphs.
Zoning Code Section 15-55.100 states that the Planning Commission retains continuing
jurisdiction over each conditional use permit and may modify or delete any conditions of a
conditional use permit if the Planning Commission determines that such action is necessary
in order to preserve a substantial right of the applicant. The applicant is requesting a
modification to conditions of an existing conditional use permit granted in May 1989
therefore Planning Commission review is required.
STAFF RECOMMENDATION:
Staff recommend’s the Planning Commission find this application exempt from CEQA
and approve the application to modify the existing Conditional Use Permit by adopting
the attached resolution. Staff is not recommending any permanent conditions of approval.
Page 2 of 5
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Application No., CUP09-0023 / 13915 Saratoga Avenue
STAFF ANALYSIS
ZONING: R-1-20,000
GENERAL PLAN DESIGNATION: RLD
MEASURE G: Not Applicable
PARCEL SIZE: 23,958 square feet.
SLOPE: Level
GRADING REQUIRED: The project is already constructed. No grading proposed.
ENVIRONMENTAL DETERMINATION: The proposed modification to an existing
Conditional Use Permit is Categorically Exempt from the California Environmental Quality
Act (CEQA) pursuant to Public Resources Code Sections 15061(b)(3). CEQA applies only
to projects which have the potential of causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA. In
this circumstance, Staff is recommending modifications to an existing Conditional Use
Permit to remove conditions that are no longer enforceable as they were previously removed
from the City Code. This modification would not have the potential to cause a significant
effect on the environment.
PROJECT DISCUSSION AND SITE CHARACTERISTICS
Background
In 1989 the applicant received Conditional Use Permit (CUP) approval to construct a
detached Secondary Dwelling Unit at 13915 Saratoga Avenue. Photos of the existing
Secondary Dwelling Unit are included as Attachment #4. A copy of the CUP is included
as Attachment #2. The CUP included the following conditions:
1. Either the main dwelling or the second unit must be occupied as the principal
residence of a person 60 years of age or older or a person who is physically
handicapped.
2. The second unit may not be occupied by more than two persons as permanent living
quarters.
The property owner was also required to record the Conditional Use Permit at the Santa
Clara County Recorder’s Office
In 2003 the City of Saratoga updated the Housing Element of the General Plan. As part
of this update, the permitting requirements and development standards regulating the
construction of Secondary Dwelling Units were modified and relaxed. The purpose of
these modifications was to encourage the construction of Secondary Dwelling Units to
help the City meet the State requirement of providing a specified number of affordable
Page 3 of 5
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Application No., CUP09-0023 / 13915 Saratoga Avenue
housing units. The State also required Saratoga, as well as all California cities, to reduce
the regulations pertaining to the development of Secondary Dwelling Units.
To encourage the development of Secondary Dwelling Units and to reduce City
restrictions as required by the State, the City Code was modified by:
Eliminating the Conditional Use Permit requirement for their construction.
Removing the requirement that the main dwelling or the second unit must be
occupied as the principal residence of a person 60 years of age or older or a person
who is physically handicapped.
Removing the requirement that the second unit may not be occupied by more than
two persons as permanent living quarters.
Other modifications to the City Code included allowing a one-time ten percent increase
in site coverage and allowable floor area for the site as well as waiving the requirement to
provide off-street covered parking for the Secondary Dwelling Unit if the property owner
agreed to a deed restriction limiting its rental to below market rate households. The
applicant is not proposing to “deed restrict” the second dwelling unit at this time.
Conditional Use Permit
The property at 13915 Saratoga Avenue was recently sold. The existence of the CUP
became known to the applicant during the real estate transaction. The applicant contacted
the Planning Division and was informed that CUP’s were no longer required for the
construction of Secondary Dwelling Units and that the existing conditions limiting the
age and the number of occupants, since they had been removed from the City Code, were
no longer enforceable. The applicant expressed interest in removing the CUP and was
informed by staff that an application to modify the Conditional Use Permit would be
required.
The original CUP was recorded with the Santa Clara County Recorder and is listed on the
applicants Title Report. To modify the existing recorded document the attached CUP
Resolution with replacement conditions would be recorded to supersede the original
CUP.
Trees
No trees are being removed or are being affected by the project.
Geotechnical Clearance
Geotechnical clearance was not required for the project.
Neighbor Correspondence
The applicant has discussed the project with adjacent residents as indicated in the attached
signature forms. All but one neighbor was satisfied with the project. The adjacent neighbor
at 13935 Saratoga Avenue is not in favor of removing the deed restriction that currently
limits occupancy of the secondary dwelling unit to persons 60 years or older or to persons
with physical handicaps. The neighbor asserts that it was this particular limitation that kept
them from objecting to the project when it was approved in 1989. On January 27, 2010,
Staff sent a letter to the neighbor at 13935 Saratoga Avenue (see attached) that explained
Page 4 of 5
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Application No., CUP09-0023 / 13915 Saratoga Avenue
Page 5 of 5
that the City no longer places conditions on secondary dwellings units that restrict
occupancy and can no longer enforce those that already exist. Staff also phoned the neighbor
on two occasions, most recently on April 5, 2010 to discuss the project and the modification
of the existing Conditional Use Permit. The neighbor is in favor of maintaining the
occupancy restrictions for the Secondary Dwelling Unit.
STAFF RECOMMENDATION
Staff recommend’s the Planning Commission find this application exempt from CEQA
and approve the application for a Conditional Use Permit by adopting the attached
resolution. Staff is not recommending any permanent conditions of approval for this
project.
ATTACHMENTS:
1. Resolution of Approval for Conditional Use Permit.
2. Copy of Existing Conditional Use Permit
3. Signed Neighbor Notification Forms.
4. Staff letter mailed to neighbor at 13935 Saratoga Avenue
5. Photos of Existing Secondary Dwelling Unit
6. Affidavit of Mailing Notices, Public Hearing Notice, Mailing labels for project
notification.
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THIS USE PERMIT REVOKES AND SUPERCEDES
RESOLUTION NO: SUP-89-004 DATED MAY 10, 1989 IN ITS ENTIRETY
RESOLUTION NUMBER: 09-044
Application Number CUP09-0023
CITY OF SARATOGA PLANNING COMMISSION
STATE OF CALIFORNIA
Resolution for Approval of a Conditional Use Permit for a Secondary Dwelling Unit
located at 13915 Saratoga Avenue
WHEREAS, on May 3, 1989, the City of Saratoga Planning Commission approved
an application for a Conditional Use Permit to construct a secondary dwelling unit located at
13915 Saratoga Avenue; and
WHEREAS, as approved under the development standards in effect on May 3,
1989, conditions were placed on the Conditional Use Permit stating that 1) the main
dwelling or the second unit was to be occupied as the principle residence of a person 60
years of age or older or a person physically handicapped and 2) the secondary dwelling unit
could not be occupied by more than two persons as permanent living quarters; and
WHEREAS, Article 15-56 of the City Code was amended in 2003 thereby
removing the Conditional Use Permit requirement for the construction of secondary
dwelling units which included age limitations and occupancy restrictions; and
WHEREAS, the existing Second Dwelling Unit conforms to Article 15-56 of the
City Code, a Conditional Use Permit is no longer required its construction, and there are no
age limits or occupancy restrictions; and
WHEREAS, the Planning Commission held a duly noticed Public Hearing at which
time all interested parties were given a full opportunity to be heard and to present evidence;
and
NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby
resolve as follows:
Section 1. After careful consideration of the application submitted in connection with this
matter, the exemption from CEQA is approved, and CUP09-0002 approval is hereby
granted subject to the following conditions:
PERMANENT CONDITIONS OF APPROVAL
None
COMMUNITY DEVELOPMENT
No Conditions of Approval
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Section 2. All applicable requirements of the State, County, City and other Governmental
entities must be met.
Section 3. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga
City Code, this resolution shall become effective fifteen (15) days from the date of adoption.
PASSED AND ADOPTED by the City of Saratoga Planning Commission. State of
California, the 28th day of April 2010 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Yan Zhao
Chair, Planning Commission
ATTEST:
___________________________________
John F. Livingstone, AICP
Secretary, Planning Commission
This permit is hereby accepted upon the express terms and conditions hereof, and shall have
no force or effect unless and until agreed to, in writing, by the Applicant, and Property
Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms
and conditions and agrees to fully conform to and comply with said terms and conditions
within the recommended time frames approved by the City Planning Commission.
________________________________________
Property Owner or Authorized Agent Date
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REPORT TO
THE PLANNING COMMISSION
Application No./Location: CUP 10-0003 / 12000 Saratoga-Sunnyvale Road
Applicant: Theresa Lai
Staff Planner: Cynthia McCormick, Assistant Planner, AICP
Type of Application: Conditional Use Permit for expansion of an existing Day Care
Facility / Montessori School with Variation of Standards
Date: April 28, 2010
APN: 386-01-027
Department Head:
John F. Livingstone, AICP
12000 Saratoga-Sunnyvale Road
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CUP 10-0003; 12000 Saratoga-Sunnyvale Road
EXECUTIVE SUMMARY
CASE HISTORY
Application filed: 02/16/10
Application complete: 03/31/10
Notice published: 04/14/10
Mailing completed: 04/12/10
Posting completed: 04/22/10
PROJECT DESCRIPTION
The applicant is requesting a Conditional Use Permit to expand an existing Day Care / Montessori
School in the commercial-visitor (C-V) zoning district. The site is located at the corner of Saratoga-
Sunnyvale Road and Prospect Road. The Day Care / Montessori School will occupy an existing
5,527 square-foot building. The proposed Montessori School would provide services to 89 students
with 9 employees and operate Monday through Friday from 7:00 AM to 7:00 PM. There are 38
parking spaces on the subject parcel. A Parking Study and Peer Review were completed for the
project and found that the circulation and available parking supply would be adequate for the
proposed project and the surrounding uses.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission approve Conditional Use Permit Application
number CUP 10-0003 with required findings and conditions and find this application exempt from
CEQA by adopting the attached Resolution. The application includes a variation of parking
standards for eight (8) parking spaces for the Park Saratoga Shopping Center.
PROJECT DATA
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CUP 08-0011; 12000 Saratoga-Sunnyvale Road 3
Zoning: Commercial Visitor (CV)
General Plan Designation: Retail Commercial (CR)
Measure G: Not applicable
Parcel Size: 39,733 square feet
Square Footage of Tenant Space: 5,527 square-feet
Environmental Determination: The California Environmental Quality Act (CEQA) applies only to
projects which have the potential of causing a significant effect on the environment. The activity is
not subject to CEQA where it can be seen with certainty that there is no possibility that the activity
may have a significant effect on the environment. The proposed project would increase the number
of students, from 60 to 89 students, in an existing Day Care / Montessori School with no physical
improvements to the building. This project would not have the potential to cause a significant effect
on the environment and is therefore categorically exempt from CEQA. Pursuant to CEQA
Guidelines (14 C.C.R. Section 15301), the “existing facilities” exemption allows for minor
modifications involving negligible expansion of use. No exception to that exemption applies.
PROJECT DISCUSSION
Existing Use: The building is occupied by an existing Day Care Facility / Montessori School that
received Conditional Use Permit approval on October 22, 2008 for 60 students and 7 employees.
Surrounding Land Uses: Land uses surrounding the site are commercial uses to the north and west
and residential uses to the south and east.
Building Site: The existing 5,527 square-foot building is located on “Parcel 1” of three parcels 1 in
the Park Saratoga Shopping Center. Various retail businesses (e.g., Peets Coffee) are located on
“Parcel 2” and Chase Bank is located on “Parcel 3.”
Parking and Circulation: There are a total of 195 parking spaces, including 38 spaces on the subject
property, shared between the proposed use and the surrounding uses. Access to the site would be from
driveways on Saratoga-Sunnyvale Road, Prospect Road, and Kirkmont Drive.
Parking Standards: Per City Code section 15-35.020(j), schools and day care facilities require one
space for each employee, including teachers and administrators, plus such additional spaces as
determined by the Planning Commission to be adequate for student and visitor parking. Standard
practice for determining the required numbers of parking spaces has been based on a Traffic Study
performed by an applicant’s traffic engineer and a Peer Review by the City’s traffic consultant. The
purpose of the Peer Review is to validate the adequacy and appropriateness of the assumptions
1 The legal descriptions of the three parcels are described in the Preliminary Title Report for this property, dated
March 28, 2008 from Chicago Title Company in San Jose, CA.
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CUP 08-0011; 12000 Saratoga-Sunnyvale Road 4
used by the applicant’s traffic engineer for the project analysis and recommendations. A Parking
Study and Peer Review were completed for the project and are discussed below.
Parking Study: A Parking Study was prepared for the applicant by Hexagon Transportation
Consultants (Attachment 2) and a Peer Review was completed by Fehr & Peers, the City’s traffic
consultant (Attachment 3). Hexagon conducted parking surveys at the project site to measure
parking demand from 7:00 am to 9:30 am (morning peak) and from 4:30 pm to 6:30 pm (evening
peak). Observations showed that parking demand peaked at 6:00 pm with 17 parking spaces
occupied including spaces for employees. Based on this peak demand, Hexagon determined that the
use would generate 25 parking spaces for both employees and students (at a ratio of .28 spaces per
student). The Parking Study found, and the Peer Review concurred, that the circulation and
available parking supply would be adequate for the proposed project.
Existing Parking Supply: The Shopping Center has 195 parking spaces available to serve the
proposed use and the adjacent uses. Currently, there is one vacant tenant space in the Shopping
Center. If the 2,400 square-foot vacant space is leased to a permitted use 2 , and there are no changes
to the existing parking or the existing tenant uses, then the total parking required for the adjacent
uses is 178 spaces, as shown in the following Table. Per the parking study, the proposed daycare
would require 25 parking spaces for both employees and student parking. Based on the above
analysis, the total number of parking spaces for the shopping center would be 203 spaces.
Parcel / Tenant Parking Spaces
Parcel 1 - Day Care / Montessori 25 (based on Parking Study)
Parcel 2 - Various uses 155 (based on City Code)
Parcel 3 – Chase Bank 23 (based on City Code)
TOTAL 203 spaces
Variation from Standards: Per City Code Section 15-55.030, a conditional use may be permitted
by a use permit to have different off-street parking requirements. Thus, the Planning Commission
could allow the shopping center to vary from the requirement that the total number of spaces shall
not be less than the sum of the individual requirements (i.e., allow shared parking). The variation
from standards in this case would be for eight (8) parking spaces. The appropriateness of this
variation from standards is supported by the Parking Study which uses a parking ratio based on
actual use of the existing facility at peak demand. Furthermore, field observations show that the
adjacent commercial uses are not utilizing the 38 spaces in front of the Day Care Facility /
Montessori School. Staff has also visited the site on several occasions and found a sufficient number
of vacant spaces to prevent any spillover of parking into the surrounding neighborhood or properties.
This variation from standards is further supported by the fact that the project will require less
parking (25 spaces) than that of its former financial use (28 spaces).
CORRESPONDENCE AND NEIGHBOR REVIEW
2 Retail services, professional and administrative offices, financial institutions, and personal service businesses are
permitted uses in the C-V district. Each of these uses requires one (1) space for each 200 SF of floor area.
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CUP 08-0011; 12000 Saratoga-Sunnyvale Road 5
The applicant has provided neighborhood notification forms to several of the adjacent neighbors
(Attachment 4). Staff has not received any negative comments about the proposed use as of the
writing of this report.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission approve Conditional Use Permit Application
number CUP 10-0003 including a variation of parking standards for eight (8) parking spaces with
required findings and conditions and find this application exempt from CEQA by adopting the
attached Resolution.
ATTACHMENTS
1) Resolution of Approval
2) Parking Study by Hexagon Transportation Consultants, Inc., dated February 10, 2010
3) Peer Review by Fehr & Peers Traffic Consultants, dated March 19, 2010
4) Neighbor Notification Forms
5) Public Notice and Newspaper Notice
6) Applicant’s Plans, Exhibit "A"
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CITY OF SARATOGA PLANNING COMMISSION
RESOLUTION NO. FOR APPROVAL OF USE PERMIT
Application # CUP 10-0003
Growing Tree Learning Center; 12000 Saratoga-Sunnyvale Road
The City of Saratoga Planning Commission finds and determines as follows with respect to the
above-described application:
I. Project Summary
The City of Saratoga Planning Commission has received an application for a Conditional Use
Permit (CUP) to expand an existing day care facility in the Commercial-Visitor (CV) zoning
district. The proposed Day Care Facility / Montessori School would provide services to a maximum
of 89 students and operate Monday through Friday from 7:00 AM to 7:00 PM with 9 employees.
There are 38 shared parking spaces on the subject parcel to serve the proposed use. A parking study
and peer review was completed for the project to determine any traffic impacts and the peak parking
demand for the proposed use. The Parking Study found, and the Peer Review concurred, that the
circulation and available parking supply would be adequate for the proposed project. This CUP
includes a variation from standards to allow the shopping center to vary from the requirement that
the total number of spaces shall be not less than the sum of the individual requirements. The
variation from standards would be for eight (8) parking spaces. The foregoing use will be described
as the “Project” in this Resolution.
II. Use Permit Requirement
City Code Sections 15-55.010 and 15-19.020(b)(7) require a Conditional Use Permit by the
Planning Commission for institutional facilities in any commercial district.
III Planning Commission Review
On April 28, 2010 the Planning Commission held a duly noticed Public Hearing on the Project at
which time all interested parties were given a full opportunity to be heard and to present evidence
and argument. The Planning Commission considered the Project, the staff report on the Project,
CEQA documentation, correspondence, presentation from the Applicant and the public, and all
testimony and other evidence presented at the Public Hearing.
IV. Environmental Review
The California Environmental Quality Act (CEQA) applies only to projects which have the
potential of causing a significant effect on the environment. The activity is not subject to CEQA
where it can be seen with certainty that there is no possibility that the activity may have a significant
effect on the environment. The proposed project would increase the number of students, from 60 to
89 students, in an existing Day Care / Montessori School with no physical improvements to the
building. This project would not have the potential to cause a significant effect on the environment
and is therefore categorically exempt from CEQA. Pursuant to CEQA Guidelines (14 C.C.R.
Section 15301), the “existing facilities” exemption allows for minor modifications involving
negligible expansion of use. No exception to that exemption applies.
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Application No. CUP 10-0003; 12000 Saratoga-Sunnyvale Road
V. Use Permit Findings
The findings required for issuance of a Use Permit are set forth below. The Applicant’s Project has
met the burden of proof to support the Findings required for approval of a Use Permit under Article
15-55 of the City Code, as set forth below:
Finding #1: The Project meets the objectives of the Zoning Ordinance and the purposes of the
zoning district in which the site is located. The project is a conditionally permitted use in all
commercial districts.
Finding #2: The Project will not be detrimental to the public health, safety or welfare, nor
materially injurious to properties or improvements in the vicinity. The proposed use will be
required to meet all Municipal, State, California Building Code, Fire District, and applicable health
and safety regulations. The Day Care / Montessori School will be limited to a maximum of 89
students, Monday through Friday. Per the parking study and peer review, adequate circulation and
parking exists to accommodate the proposed use. Any intensification of the proposed use shall
require a new Conditional Use Permit.
Finding #3: The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance. The use permit includes conditions of approval to ensure
compliance with zoning requirements. Any intensification of this use will require a new
Conditional Use Permit. The variation from parking standards is appropriate based on the
Parking Study, field observations, and the fact that the project will require less parking (25 spaces)
than that of its former financial use (28 spaces).
Finding #4: The proposed conditional use will not adversely affect existing or anticipated uses
in the immediate neighborhood, and will not adversely affect surrounding properties or the
occupants thereof. No exterior modifications are proposed. Per the Parking Study, there are enough
parking spaces available to accommodate the proposed use and the surrounding uses.
VI. Project Approval
After careful consideration of the application, site plan, architectural drawings, and other materials
and exhibits and evidence submitted to the City in connection with this matter, Application No.
CUP 10-0003 (Conditional Use Permit) for a Day Care Facility / Montessori School is approved
subject to the conditions set forth below.
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Application No. CUP 10-0003; 12000 Saratoga-Sunnyvale Road
CONDITIONS OF APPROVAL
A. GENERAL
1. The Planning Commission shall retain continuing jurisdiction over the Conditional Use
Permit and Design Review and may, at any time, modify, delete, or impose any new
conditions of the permit to preserve the public health, safety, and welfare. Conditions may be
modified only by the Planning Commission unless modification is expressly otherwise allowed
by the city code including but not limited to section 16-05.035, as applicable.
2. Any intensification of this use shall require a new Conditional Use Permit. Examples of
intensification of use include, but are not limited to physical changes to the site or structure
of the use to accommodate more employees or students and changes in operations or
equipment that result in ongoing increases in traffic, noise, or other physical effects.
3. The Community Development Department shall review the Conditional Use Permit upon
receipt of any complaints. Any non-compliance issues identified by the Community
Development Department shall be reported to the Planning Commission.
4. Any internal tenant improvements or exterior modifications shall be subject to approval by the
Planning Director or his/her designee prior to issuance of Building Permits.
5. No signs shall be displayed without prior approval from the Community Development
Department and/or Planning Commission as appropriate.
6. The use shall be limited to 89 students and 9 employees, Monday through Friday.
7. The use will be required to meet the requirements of the Reciprocal Easement Agreement, dated
October 24th 1988, and recorded in the office of the Santa Clara County Recorder on October
27th, 1988.
8. Any intensification of the proposed use shall require a new Conditional Use Permit.
9. All processing fees, in the form of deposit accounts on file with the community development
department, shall be reconciled with a minimum $500 surplus balance at all times. In the event
that the balance is less than $500, all staff work on the project shall cease until the balance is
restored to a minimum of $500.
10. The use shall at all times operate in compliance with all applicable regulations of the State,
County, City and/or other governmental agencies having jurisdictional authority over the use
pertaining to, but not limited to, health, sanitation, and safety. The Project shall maintain
compliance with all applicable requirements of the State, County, City and other governmental
entities having jurisdiction.
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Application No. CUP 10-0003; 12000 Saratoga-Sunnyvale Road
11. Agreement to Indemnify, Hold Harmless and Defend City as to Action Challenging
Approval of Application and as to Damage from Performance of Work Authorized by
Design Review Approval. As a condition of this Approval, Owner and Applicant hereby agree
to defend, indemnify and hold the City and its officers, officials, boards, commissions,
employees, agents and volunteers harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any
action on the subject application, or any of the proceedings, acts or determinations
taken, done or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
grading work by the Owner and/or Applicant, their successors, or by any person
acting on their behalf.
In addition, prior to any Zoning Clearance from the Community Development Director, Owner
and Applicant shall execute a separate agreement containing the details of this required
Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval
as to form and content by the Community Development Director.
B. COMMUNITY DEVELOPMENT
12. Compliance with Plans and Description of Use. The use and development shall be operated,
located and constructed to include those features, and only those features, as shown on the
Approved Plans denominated Exhibit "A" date stamped April 21, 2010, incorporated by this
reference. All proposed changes to the Approved Plans and Description of Use must be
submitted in writing with plans showing the changes, including a clouded set of plans
highlighting the changes. Such changes shall be subject to the requisite prior City approval.
13. Business Hours. The allowed hours of operation shall be from 7:00 a.m. to 7:00 p.m., Monday
through Friday. Any change in hours of operation would require an update to the Use Permit,
Traffic Study, and Peer Review.
14. Fire Agency Conditions. Applicant shall comply with all Fire Agency Requirements.
15. Building Department. Applicant shall comply with all building standards including any tenant
improvements necessary to comply with the building code.
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Application No. CUP 10-0003; 12000 Saratoga-Sunnyvale Road
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 28th day of April 2010
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Yan Zhao
Chair, Planning Commission
ATTEST:
___________________________________
John F. Livingstone, AICP
Secretary to the Planning Commission
ACCEPTANCE BY APPLICANT AND OWNER
This permit is hereby accepted upon the express terms and conditions hereof, and shall have no
force or effect unless and until agreed to, in writing, by the Applicant and Property Owner or
Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and
agrees to fully conform to and comply with said terms and conditions within the time required in
this Resolution by the City of Saratoga Planning Commission.
__________________________________ ____________________________
Applicant Date
__________________________________ ____________________________
Property Owner or Authorized Agent Date
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160 W. Santa Clara Street, Suite 675 San Jose CA 95113 (408) 278-1700 Fax (408) 278-1717
www.fehrandpeers.com
MEMORANDUM
Date: March 19, 2010
To: John Livingstone, Community Development Director, City of Saratoga
Cynthia McCormick, Assistant Planner, City of Saratoga
From: Greg Ripa
Sohrab Rashid, PE
Subject: Parking Study for the Proposed Growing Tree Learning Center Expansion–
Peer Review, Saratoga, California
1025-446
This memorandum presents the results of the peer review of the Parking Study for the Proposed
Growing Tree Learning Center Expansion at 12000 Saratoga-Sunnyvale Road (Hexagon
Transportation Consultants, February 10, 2010) for the proposed expansion of the day care
facility located at 12000 Saratoga-Sunnyvale Road at the southeast corner of Prospect Road in
the City of Saratoga.
The day care expansion project proposes to serve an additional 29 students above the 60 current
students for a total of 89 students. The number of employees would increase to 9 employees.
The report was reviewed for adequacy and appropriateness of project parking analysis
assumptions. We concur with the findings in the February 10, 2010 memorandum, and we do not
have any comments that require additional analysis.
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City of Saratoga
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING
The City of Saratoga’s Planning Commission announces the following public hearing on:
Wednesday April 28, 2010 at 7:00 p.m
The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. A site visit
will also be held by the Planning Commission at the subject property. Please contact the Planning
Department for the date and time of the site visit. 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.
ADDRESS / APN: 12000 Saratoga-Sunnyvale Road / 386-01-027
APPLICANT/OWNER: Theresa Lai
APPLICATION: CUP 10-0003
PROJECT DESCRIPTION: The applicant is requesting a Conditional Use Permit to expand an
existing Day Care Facility. The facility would operate with 9 employees and provide services to 29
additional students for a total of 89 students. The facility operates Monday through Friday from
7:00 AM to 7:00 PM. The site is located at the corner of Saratoga-Sunnyvale Road and Prospect
Road in the commercial-visitor (C-V) zoning district. No physical improvements are proposed for
the existing 5,527 square-foot building. A parking study has been completed for the project and has
found that the existing parking and circulation are adequate to support the proposed use.
For more information, including details of the above item, please contact Cynthia McCormick: (408)
868-1230; cmccormick@saratoga.ca.us. Planners are available at the public counter 7:30 a.m. - 12:00
noon. City Hall is open 7:30 a.m. – 5:00 p.m., Monday through Thursday and every other Friday. A
calendar with Friday office closures is available at City Hall and on the City website: www.saratoga.ca.us.
All interested persons may appear and be heard at the above time and place.
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.
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