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HomeMy WebLinkAbout05-26-2010 Planning Commission PacketTable of Contents Agenda 2 April 28, 2010 Draft Minutes 4 APPLICATION MOD10-0003 (517-19-021) Tillet and Smith, 20316 Calle Montalvo Staff Report 6 Att. 1 - Resolution 13 Att. 2 - Arborist Report 23 Att. 3 - Neighbor Notifications 25 Att. 4 - GreenPoint Checklist 29 Att. 5 - Noticing 33 Att. 6 - Elevation of previously Approved Plans 37 APPLICATION MOD09-0004 (389-12-017) Sand Hill Property, 12900 Saratoga Avenue Staff Report 38 Att. 1 - Resolution 45 Att. 2 - Existing Signage 51 Att. 3 - Proposed Master Sign Program 59 Att. 4 - Proposed signage for participating businesses 65 Att. 5 - Noticing 73 1 CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, May 26, 2010 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL Commissioners - Chair Mary-Lynne Bernald, Vice-Chair- Douglas Robertson , Manny Cappello, Joyce Hlava, David Reis, Linda Rodgers and Yan Zhao PLEDGE OF ALLEGIANCE MINUTES Action Minutes from the Regular Planning Commission Meeting of April 28, 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 May 20, 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 MOD10-0003 (517-19-021) Tillet and Smith, 20316 Calle Montalvo - The applicant requests a modification of Design Review approval to add 1,215 square feet to an existing 3,676 square foot residence. The residence will remain single story and will not exceed 20-feet in height. The maximum impervious coverage will not exceed the allowable 45% of the net site area. The lot size is approximately 25,220 square feet and is located in the R-1-20,000 zoning district. Design Review approval is required pursuant to City Code Section 15-45.060(3), when any new single-story structure or addition to a single story structure over eighteen feet in height. The applicants intend to use much of the existing footprint and walls, however a majority of the existing walls will be demolished, therefore the Planning Division considers the structure a new residence. (Michael Fossati) 2. APPLICATION MOD09-0004 (389-12-017) Sand Hill Property, 12900 Saratoga Avenue - The applicant requests Planning Commission approval to modify an existing sign program to allow multiple freestanding site identification signs in and around a professional office complex (Saratoga Office Center) located at the southeast corner of Cox Avenue and Saratoga Avenue. Per Saratoga Municipal Code (SMC) Section 15-30.090 (d)(2), the Planning Commission shall have authority to grant exceptions to the 2 regulations contained in the SMC with respect to the number, size and height of identification signs, through the granting of a use permit pursuant to Article 15-55 of the Zoning Regulations chapter. The lot size is approximately 10.25 and the property is located in the Professional & Administrative (PA) zoning district. (Michael Fossati) DIRECTORS ITEM COMMISSION ITEMS COMMUNICATIONS ADJOURNMENT TO NEXT MEETING - Wednesday, June 9, 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 May 20, 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 3 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 Chair – Mary-Lynne Bernald, Vice Chair – Doug Robertson MINUTES Action Minutes from the Regular Planning Commission Meeting of March 24, 2010 (Approved, 7:0) 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) (Approved, 7:0) 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) (Approved, 7:0) 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 4 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) (Approved, 7:0) 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) (Approved, 7:0) DIRECTORS ITEM Letter to the Commission regarding the Cox Avenue project. COMMISSION ITEMS COMMUNICATIONS ADJOURNMENT TO NEXT MEETING – ADJOURNED 8:30 PM - Wednesday, May 26, 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 5 REPORT TO THE PLANNING COMMISSION Application No. & Location: MOD10-0003; 20316 Calle Montalvo Type of Application: Modification of Design Review approval for a major remodel to add 1,164 sq. ft to a single-story, single family residence. Applicant/Owner: Tillet and Smith Staff Planner: Michael Fossati, Assistant Planner Meeting Date: May 26, 2010 APN: 517-19-021 Department Head:_____________ John F. Livingstone, AICP 20316 Calle Montalvo 6 EXECUTIVE SUMMARY CASE HISTORY Application filed: 04/08/10 Application complete: 05/04/10 Notice published: 05/11/10 Mailing completed: 05/05/10 Posting completed: 05/20/10 PROJECT DESCRIPTION The applicant requests a modification of Design Review approval to add 1,215 square feet to an existing 3,676 square foot residence. The residence will remain single story and will not exceed 20-feet in height. The maximum impervious coverage will not exceed the allowable 45% of the net site area. The lot size is approximately 25,220 square feet and is located in the R-1-20,000 zoning district. Design Review approval is required pursuant to City Code Section 15-45.060(3), when any new single-story structure or addition to a single story structure over eighteen feet in height. The applicants intend to use much of the existing footprint and walls, however a majority of the existing walls will be demolished, therefore the Planning Division considers the structure a new residence. STAFF RECOMMENDATION Staff recommends that the Planning Commission approve this modification of design review application by adopting the attached Resolution. Staff is not recommending any permanent conditions of approval for this project. 7 Application No. MOD10-0003; 20316 Calle Montalvo PROJECT DATA ZONING: R-1-20,000 GENERAL PLAN DESIGNATION: RLD (Low Density Residential) MEASURE G: Not applicable. PARCEL SIZE: 25,220 gross and net square feet AVERAGE SITE SLOPE: 8.4% GRADING REQUIRED: 33 cubic yards of fill for the rear yard patio GEOTECHNICAL CLEARANCE: No geotechnical review was required for this project. ENVIRONMENTAL DETERMINATION The proposed single-family residence is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (c) New Construction or Conversion of Small Structures. This exemption allows for the construction or conversion of up to three single-family dwellings. PROPOSED EXTERIOR MATERIALS AND COLORS The proposed colors include integral color coat stucco on the exterior walls in a blend of three medium beige colors. Materials include a mission tile roof in a red-brown palette, wood carriage style garage doors, and wood details. The columns in the rear will be covered with a stone veneer in a light-brown palette. A color and material board will be available at the public hearing. Detail Colors and Material Mfg. & Specification # Windows Medium brown aluminum clad wood framed Eagle Front Door Medium stained wood Custom Garage Door Medium stained wood, carriage style Custom Roof Earthtone blend clay tile Redland-Ponte Blend Walls-stucco Medium beige integral blend Custom Gutters Copper Custom 8 Application No. MOD10-0003; 20316 Calle Montalvo PROJECT DATA R-1-12,500 Zoning Net Site Area: 21,766 sq. ft. Proposed Required Site Coverage Maximum Allowable = 11,349 sq. ft. (45%) Main Residence (including Garage): 4,842 sq. ft. Covered Porch (3-sided) 49 sq. ft. Loggia & Covered Patio 516 sq. ft. Uncovered Patio 740 sq. ft. Driveway 1,717 sq. ft. Retaining Walls 185 sq. ft. Paved Paths 326 sq. ft. TOTAL Site Coverage 8,375 sq. ft. (33.2%) Floor Area Maximum Allowable = 4,908 sq. ft. Living Space: 4,051 sq. ft. Attached Garage 791 sq. ft. 3-sided Covered Porch 49 sq. ft. TOTAL Proposed Floor Area 4,891 sq. ft. Setbacks Front: 30’ 30’ Rear: 30’ 55’ Left Side: 15’ 15’ 2.5” Right Side: 15’ 15’ 1” Height Maximum Allowable = 26’ (125.25’) Lowest Elevation 97.1’ Highest Elevation 101.4’ Average Grade 99.25’ Highest Elevation 118.4’(19’ 2”) PROJECT DISCUSSION AND SITE CHARACTERISTICS Background A demolition and major remodel to construct a two-story, single-family residence at 20316 Calle Montalvo was approved by the Planning Commission in May 2009. In an effort to reduce costs and size, the applicant has resubmitted for a modification of Design Review. The vast majority of the proposed structure is consistent with the previously approved project. The exception is the removal of the second-story and stone veneer on the front façade. The removal of the second story has lowered the approved height of 22’ 4” to the proposed height of 19’ 2”. All other proposed surface materials, finishes and textures are identical to the approved plans. Per City Code Section 15-45.060 (a) (3), any new single-story structure or addition to a single-story structure over 18 feet in height requires Planning Commission design review. 9 Application No. MOD10-0003; 20316 Calle Montalvo Site The site has an eight percent average slope and is relatively level at the building pad with a gentle upward slope from the north property line to the south property line. The property has many mature trees and landscaping which creates a wooded appearance and helps screen the residence from neighboring properties. Project Design Characteristics The applicant is requesting modification of a Design Review approval to expand the footprint of the existing residence. The exterior of the existing residence will be completely updated. The existing detached garage will be demolished and a new attached garage will be constructed. Much of the interior and exterior walls would be demolished, therefore staff requires the project be reviewed as if it were a new residence and publicly noticed the application as a new residence. The County Assessor will also consider the structure a new residence for taxation purposes, yet the City of Saratoga Building Department will consider this a major remodel. The project will add 1,203 sq. ft. of living space to an existing 2,897 single-story residence. A 779 sq. ft. detached garage will be demolished and a new 759 sq. ft. attached garage will be constructed. The total amount of living space will be 4,100 sq. ft. and the total amount of floor area (living space + attached garage) will be 4,891 sq. ft. The additional square footage in the house will accommodate a new master bedroom, kitchen and dining room, great room, office, additional front porch and an attached garage on the first floor. Fireplace The existing house has two wood-burning fireplaces, one in the family room and one in the living room. The new floor plan shows one fireplace (gas-burning) in the new great room with an outdoor fireplace (wood-burning) on the other side of the wall, within the covered porch. Per City Code Section 15-48.030, one wood-burning fireplace is allowed per structure. Air Conditioning / HVAC Air Conditioning condensers are to be located to the right of the garage and to the left of the exterior utility closet near the family room. Both will be located outside the required setbacks, per City requirements. Fencing and Landscaping The existing fencing and landscaping is proposed to remain. A new driveway and walkway are proposed of interlocking pavers. Decorative trees will be incorporated into the front yard landscaping. All existing mature trees are proposed to remain. The applicant is proposing to plant five new shade trees to add foliage to the property. These trees include 36” box European Hornbeam, Crepe Myrtle, and Fruitless Olive as well as two Portuguese Laurel Cherry trees. Arborist Review Staff reviewed the modified project with the City Arborist to determine if the modification would change the required conditions per the previous arborist reports. The City Arborist determined that no changes to the previous reports are required to allow clearance for the modification. The previous arborist reports were completed in August 10 Application No. MOD10-0003; 20316 Calle Montalvo and October 2008. No trees are proposed for removal. The City Arborist identified nine ordinance-protected trees on site. They include five coast live oaks, one valley oak, and three California bays. The City Arborist determined that all of these trees can be protected with fencing during construction. The City Arborist has recommended standard tree protective measures that are included as conditions within the attached Resolution. The Arborist reports are included as Attachment #2. Correspondence and Neighbor Review Staff has received Neighbor Notification forms from four of the immediate neighbors for the May 2009 project. The applicant has also submitted neighbor notifications for the May 2010 project. Concerns are as follows: - Neighbor requested that solar panels be shielded from street view. State law preempts City Code requirements regarding solar panel installation. Yet, in order to appease the neighbor, the applicant is looking at installing ground mounted solar panels on the North portion of the property, behind the driveway and out of sight of public right-of-way. If the applicant chooses, they may install solar panels on their roof. The concerned neighbor has been informed that their comments have been addressed. - Neighbor concerned about ingress and egress access. The applicant has hired a notable contractor familiar with construction in the City of Saratoga. The applicant will do their best to not impact other property owners during the construction. City law allows people to park vehicles using on-street public parking, so long as driveway access is not affected. Calle Montalvo is a public street. The concerned neighbor has been informed that their comments have been addressed. No other concerns regarding the modification or design review have been expressed with the project. Staff has included the Neighbor Notification forms from the May 2009 and May 2010 project and correspondence as Attachment #3 of this report. Green Building Techniques The applicants have submitted information on green building techniques and materials, which include; two new covered patios at the rear of the residence to help keep the house naturally cool, new insulation, a high-efficiency HVAC system, and large eave overhangs to help shade the windows. The house will also be pre-wired for solar panels for future installation. The project scored 64 points per the Build-it-Green rating system, exceeding our City requirement of 50 points. A Build-it-Green checklist is included as Attachment #4. STAFF RECOMMENDATION Staff recommends the Planning Commission approve the Design Review application by adopting the attached Resolution. 11 Application No. MOD10-0003; 20316 Calle Montalvo ATTACHMENTS 1. Resolution of Approval 2. Written Memo & Arborist Reports dated August, 14, 2008, and October 8, 2008 3. Neighbor Notification forms and correspondence from neighbors 4. GreenPoint Checklist – 20316 Calle Montalvo 5. City of Saratoga Notice, Noticing Affidavit, and Noticing Labels 6. Elevation of previously Approved Plans, dated April 21, 2009 7. Applicant’s Plans, Exhibit "A" 12 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO. 10-016 FOR APPROVAL OF MODIFICATION OF DESIGN REVIEW Application MOD10-0003 Tillet & Smith: 20316 Calle Montalvo 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 Design Review Approval for the Project shown in Exhibit "A" including the Color Board denominated Exhibit “B” date stamped respectively April 8, 2010 and October 14, 2008, each incorporated by this reference. This Project is to construct a 1,215 square foot addition to an existing 3,676 square foot single-story, single-family residence. The total amount of square footage for the home will be 4,891. The residence will remain single story and will not exceed 20-feet in height. The lot size is approximately 25,220 square feet, located in the R- 1-20,000 zoning district. The foregoing work is described as the “Project” in this Resolution. II. Design Review Requirement City Code Section 15-45.060 (a) (3), Planning Commission Design review approval is required whenever any new single-story structure or addition to a single story structure results in a height over eighteen feet. This Design Review Approval requirement implements the Saratoga General Plan, including, but not limited to: (1) Land Use Goal 13 which provides that the City shall use the Design Review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings; (2) Open Space Element Policy 11.a which provides that the City shall ensure that projects are designed in a manner that minimizes disruption to important wildlife, riparian and plant habitats; and (3) Safety Element Site and Drainage Policy 3 which provides that the City shall require that landscaping and site drainage plans be submitted and approved during Design Review for a residence prior to issuance of permits. III. Planning Commission Review On May 26th, 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, presentations from the 13 2 Application No. MOD10-0003 – 20316 Calle Montalvo – Tillet / Smith Applicant and the public, and all testimony and other evidence presented at the Public Hearing. IV. Environmental Review The Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines (14 C.C.R. Section 15303) “New Construction or Conversion of Small Structures.” This exemption allows for the construction and location of limited numbers of new, small facilities or structures and no exception to that exemption applies. V. Design Review Findings The findings required for issuance of a Design Review Approval pursuant to City Code Section Article 15-45.080 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (a) The project avoids unreasonable interference with views and privacy. The project has been designed in a manner that minimizes interference with neighboring views and privacy by doing the following: 1. Locating the highest portion of the roof out of the direct line-of-sight of neighboring properties. 2. Constructing higher windows that are not accessible and will only be used to add natural light into the residence. 3. Utilize the majority of the existing footprint in order to avoid grading or slope changes that may possibly impact views of elevated properties to the south. 4. Keep the existing, well-matured landscaping and natural surroundings to continue to provide privacy screening of adjacent properties. (b) The project preserves the natural landscape. The limited grading will occur in the rear of the property. All mature trees will remain and be protected with appropriate fencing during the construction phase in strict accordance with the City Arborist’s conditions of approval. (c) The project preserves native and heritage trees. The proposed addition is consistent with this finding in that no native or Heritage trees will be removed from the site. In order to preserve the highest degree of survival for existing native and protected trees on-site, the City Arborist has thoroughly evaluated, and conditioned 14 3 Application No. MOD10-0003 – 20316 Calle Montalvo – Tillet / Smith accordingly, to protect the native and protected trees on the property. These conditions include protective tree fencing. (d) The project minimizes the perception of excessive bulk. The project meets this finding in that the proposed addition conforms to the maximum height requirement of the City by creating a roofline that stays well under 26 feet. The existing rooflines are being changed into shorter spans and different shapes, such as gable ends and varying plate heights. These changes in the roof angles break up the vertical mass of the proposed residence and minimize the bulk and appearance. Lastly, the proposed garage will be slightly rotated from its current location (i.e. facing straight towards the street). This change in configuration will soften the impact of the garage and allow the main residence to be the main focal point. (e) The project is of compatible bulk and height. The project meets this finding in that the proposed structure will employ earth tone colors and materials such as sand- colored stucco, stained wood, clay-tiled roofing and stone. The proposed attachment of the garage will provide consistency with the neighborhood, as a majority of homes in the adjacent vicinity have connected garages. The high quality appearance of the proposed residence will be similar to other homes in the surrounding area. (f) The project uses current grading and erosion control methods. The project meets this finding in that the proposed residence would conform to the City’s current grading and erosion control methods. The applicant is required to maintain stormwater onsite where feasible. This will be done by using a majority of the existing building footprint, utilizing pervious pavers on grade rather than slab driveway construction, maintaining the mature landscaping onsite, and installing an inlet in the western portion of the property, where grade is lowest. This finding may be made in the affirmative. (g) The project follows appropriate design policies and techniques. The project meets this finding in that it will utilize the following: 1. Incorporate roof angles, such as gable ends and varying plate heights to minimize the bulk. 2. Use earth tone colors and natural materials, while allowing the mature landscaping to remain onsite in order to integrate the structure with the existing environment. 3. Avoid interference with privacy by remaining single-story and allowing the perimeter mature landscaping to remain and thrive. 15 4 Application No. MOD10-0003 – 20316 Calle Montalvo – Tillet / Smith 4. Preserve views and access to views by locating the tallest portion of the project outside of the direct line-of-sight of neighboring properties. 5. Design for energy efficiency by adding a covered loggia to provide shade to the east-facing windows, which will provide more natural cooling for the main residence, install an energy-efficient HVAC system and pre-wire the home for possible solar panels. VI. Project Approval After careful consideration of the application, site plan, architectural drawings, plans, CEQA documentation, and other materials, exhibits and evidence submitted to the City in connection with this matter, Application No. MOD10-0003 for Modification of Design Review Approval is approved subject to the conditions set forth below. CONDITIONS OF APPROVAL A. GENERAL 1. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner’s successors in interest for such time period. No zoning clearance, or demolition, grading for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent of other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content to the Community Development Director.. 2. If a condition is not “Permanent” or does not have a term specified, it shall remain in effect until the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent. 3. Conditions may be modified only by the Planning Commission unless modification is expressly otherwise allowed by the City Code including but not limited to Sections 15- 80.120 and/or 16-05.035, as applicable. 4. The Community Development Director shall mail to the Owner and Applicant a notice in writing, on or after the time the Resolution granting this Approval is duly executed by the City, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). THIS APPROVAL OR PERMIT SHALL EXPIRE SIXTY (60) DAYS AFTER THE DATE SAID NOTICE IS MAILED IF ALL PROCESSING FEES CONTAINED 16 5 Application No. MOD10-0003 – 20316 Calle Montalvo – Tillet / Smith IN THE NOTICE HAVE NOT BEEN PAID IN FULL. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the Community Development Director certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 5. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or the Design Review Approval will expire unless extended in accordance with the City Code. 6. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. 7. Prior to issuance of any Demolition, Grading, or Building Permit to implement this Design Review Approval the Owner or Applicant shall obtain a “Zoning Clearance” from the Community Development Director by submitting final plans for the requested permit to the Community Development Department for review to ascertain compliance with the requirements of this Resolution. 8. 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 17 6 Application No. MOD10-0003 – 20316 Calle Montalvo – Tillet / Smith 9. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated April 8, 2010, denominated Exhibit "A" and the Color Board dated October 14, 2008 denominated Exhibit “B. All proposed changes to the Approved Plans 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 approval in accordance with Condition A.3, above. 10. Downgrading of Materials. No downgrading in the exterior appearance of the proposed residence will be approved by Staff. Downgrades may include, but are not limited to garage doors, architectural detailing, stonework, columns, shutters, driveway materials, etc. Any exterior changes to approved plans may require filing an additional application and fees for approval of modification by the Planning Commission 11. Stormwater. Disposition and treatment of stormwater shall comply with the applicable requirements of the National Pollution Discharge Elimination System ("NPDES") Permit issued to the City of Saratoga and the implementation standards established by the Santa Clara Valley Urban Runoff Pollution Prevention Program (collectively the “NPDES Permit Standards”). Prior to issuance of Zoning Clearance for a Demolition, Grading or Building Permit for this Project, a Stormwater Detention Plan shall be submitted to the Community Development Director for review and approval demonstrating how all storm water will be detained on-site and in compliance with the NPDES Permit Standards. If not all stormwater can be detained on-site due to topographic, soils or other constraints, and if complete detention is not otherwise required by the NPDES Permit Standards, the Project shall be designed to detain on-site the maximum reasonably feasible amount of stormwater and to direct all excess stormwater away from adjoining property and toward stormwater drains, drainageways, streets or road right-of- ways and otherwise comply with the NPDES Permit Standards and applicable City Codes. 12. Landscape and Irrigation Plan. The Landscape and Irrigation Plan required by City Code Section 15-45.070(a)(9) shall be designed to the maximum extent reasonably feasible to: a. utilize efficient irrigation (where irrigation is necessary), to eliminate or reduce runoff, to promote surface infiltration, and to minimize use of fertilizers and pesticides that have the potential to contribute to water pollution; b. treat stormwater and irrigation runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolonged exposure to water shall be specified in the Plan, installed and maintained; 18 7 Application No. MOD10-0003 – 20316 Calle Montalvo – Tillet / Smith c. be comprised of pest resistant landscaping plants throughout the landscaped area, especially along any hardscape area; d. be comprised of plant materials selected to be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment; e. protect the roots of Ordinance-protected trees from any proposed or required undergrounding of utilities; f. retain and incorporate existing native trees, shrubs, and ground cover into the Plan; and g. comply with Section 16-75.030 of the City Code to the extent applicable. 13. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the Community Development Department Director or designee prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department and referenced in Condition No. B.1 above; b. A note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the root zone (five feet beyond the dripline (the area under the canopy) or a greater distance as determined by the City Arborist) of any Ordinance-protected tree on the site; c. The site plan shall contain a note with the following language: “Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks comply with the Approved Plans,” which note shall represent a condition which must be satisfied to remain in compliance with this Design Review Approval; d. This signed and dated Resolution printed onto separate construction plan pages; e. A boundary survey, wet-stamped and wet-signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying. The stamp shall reflect a current license for the land surveyor/engineer, the document shall be labeled “Boundary Survey,” and the document shall not contain any disclaimers; f. City Arborist Reports dated August 14, 2008 and October 8, 2008 onto separate construction plan pages; g. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined with the above-required Stormwater Detention Plan; h. A final Landscape and Irrigation Plan; and i. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 19 8 Application No. MOD10-0003 – 20316 Calle Montalvo – Tillet / Smith 14. Wood-burning fireplace limitation. A maximum of one wood-burning fireplace is permitted per habitable structure (e.g., main house or guest house). All other fireplaces shall be gas burning. 15. Fences. Fences and walls shall comply with City Code Chapter 15-29. 16. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public right-of-way. 17. Construction and Demolition Debris Recycling Plan. Because this Design Review Approval authorizes a construction affecting more than two thousand five hundred square feet of floor space the Applicant is required to provide to the Building Official a construction and demolition debris recycling plan prior to the issuance of any Demolition, Grading or Building Permit. 18. Maintenance of Construction Project Sites. Because this Design Review Approval authorizes a project which requires a Building Permit, compliance with City Code Section 16-75.050 governing maintenance of construction project sites is required. 19. HVAC System. No HVAC mechanical equipment shall be allowed between the lot line and any required front, side or rear setback line. C. CITY ARBORIST. 20. Compliance with Tree Regulations and City Arborist Reports. All requirements in the City Arborist Reports dated August 14, 2008 and October 8, 2008 are hereby adopted as conditions of approval and shall be implemented as part of the Approved Plans. This includes, but is not limited to, the following standard conditions of approval: a. Arborist Reports. The August 14, 2008 and October 8, 2008 report be incorporated into the final set of building plans. b. Trenching. It is acceptable to hand dig holes for the wood retaining wall at Oak tree #3. c. Driveway. The section of the driveway under tree #3 shall be of pavers on base rock and sand, or other pervious materials. 20 9 Application No. MOD10-0003 – 20316 Calle Montalvo – Tillet / Smith d. Utilities. No utilities have been shown on plans, If utilities are needed for this project, excavation for them is not permitted under protected tree canopies, Utilities include electrical, drainage, water, sewer, gas and irrigation for landscaping. D. PUBLIC WORKS 21. Encroachment Permit. Applicant shall obtain an encroachment permit for any and all improvements in any City right-of-way prior to commencement of the work to implement this Design Review Approval. E. FIRE SAFETY OR FIRE AGENCY REQUIREMENTS 22. Fire Agency Conditions. Applicant shall comply with all Fire Agency requirements 21 10 Application No. MOD10-0003 – 20316 Calle Montalvo – Tillet / Smith PASSED AND ADOPTED by the City of Saratoga Planning Commission this 26th day of May 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Mary-Lynne Bernald 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 22 23 Community Development Department City of Saratoga Page 1 of 1 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REVIEW Application #:ARB 08-0050 By Kate Bear, City Arborist 20316 Calle Montalvo Road Phone: (408) 868-1276 Owner: Doug Smith and Laura Tillet Email: kbear@saratoga.ca.us APN 517-19-021 Report History: #1 Date: August 14, 2008 #2 October 8, 2008 INTRODUCTION The applicant has revised the design of the driveway by tree #3 so that no excavation is required and so that water can percolate through the driveway where it is under the canopy. This project is cleared by the arborist to proceed with the conditions noted below. SITE VISIT, PLAN REVIEW AND TECHNICAL DISCUSSION Sheet A-3 of the plans has been redesigned to accommodate oak tree #3. No excavation will occur under the canopy of this oak. A short retaining wall will be constructed to allow this section of the driveway to remain above ground and the driveway will consist of pavers on top of base rock and sand. The retaining wall originally designed to separate the front yard from the back yard has also been deleted, removing the need to excavate for footings near the oak. No trenching for utilities has been shown and it is presumed that none is required. If any utilities need to be installed, they shall remain outside of the canopies of trees. REQUIREMENTS 1. This report, as well as the report dated August 14, 2008, shall be incorporated into the final set of building plans. 2. It is acceptable to hand dig holes for the wood retaining wall at oak tree #3. 3. The section of the driveway under tree #3 shall be of pavers on base rock and sand, or other pervious materials. 4. No utilities have been shown on the plans. If utilities are needed for this project, excavation for them is not permitted under tree canopies. Utilities include electrical, drainage, water, sewer, gas and irrigation for landscaping. 24 25 26 27 28 29 30 31 32 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 26th day of May, 2010, 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: MOD10-0003 / 20316 Calle Montalvo APPLICANT/OWNER: Kohlsaat / Tillet and Smith APN: 517-19-021 DESCRIPTION: The applicant requests a modification of Design Review approval to add 1,215 square feet to an existing 3,676 square foot residence. The residence will remain single story and will not exceed 20-feet in height. The maximum impervious coverage will not exceed the allowable 45% of the net site area. The lot size is approximately 25,220 square feet, located in the R-1-20,000 zoning district. Design Review approval is required pursuant to Saratoga Municipal Code Section 15-45.060. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission’s information packets, written communications should be filed on or before Tuesday, May 18, 2009. 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. Michael Fossati Assistant Planner (408) 868-1212 33 34 35 36 20 3 1 6  Ca l l e M o n t a l v o – E l e v a t i o n  of  ap p r o v e d Pr o j e c t  at  Pl a n n i n g  Co m m i s s i o n  Me e t i n g   5/ 2 9 / 0 9 37 REPORT TO THE PLANNING COMMISSION Application No./Location: MOD09-0004 - 12900 Saratoga Avenue Type of Application: Amendment of Existing Sign Program and Use Permit Applicant/Owner: Saratoga Office Center / Sand Hill Property Staff Planner: Michael Fossati - Assistant Planner Meeting Date: May 26, 2010 APN: 389-12-017 Department Head: John Livingstone, AICP 12900 Saratoga Avenue 38 2 Executive Summary Case History Application filed: 04/10/09 Application complete: 05/04/10 Notice published: 05/11/10 Mailing completed: 05/05/10 Posting completed: 05/20/10 Project Description: The applicant requests Planning Commission approval to modify an existing sign program to allow multiple freestanding site identification signs in and around a professional office complex (Saratoga Office Center) located at the southeast corner of Cox Avenue and Saratoga Avenue. Per Saratoga Municipal Code (SMC) Section 15-30.090 (d)(2), the Planning Commission shall have authority to grant exceptions to the regulations contained in the SMC with respect to the number, size and height of identification signs, through the granting of a use permit pursuant to Article 15-55 of the Zoning Regulations chapter. The lot size is approximately 10.25 and the property is located in the Professional & Administrative (PA) zoning district. Environmental Determination: The proposed Master Sign Program is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Chapter 3, Article 19, Section 15311 (“State CEQA Guidelines”). A Class 11 exemption includes the construction or placement of on-premise commercial facility signs. Staff Recommendation: Staff recommends that the Planning Commission finds this application exempt from CEQA and approve the application for modifying a Master Sign Program with required findings and conditions by adopting the attached Resolution. Permanent Conditions: There are no permanent conditions recommend for this project. 39 3 STAFF ANALYSIS Zoning: PA, Professional & Administrative General Plan Designation: Professional Administrative (PA) Measure G: Not applicable Parcel Size: Approximately 10.25 acres Project Data: Proposal Type of Sign: Free Standing – Identification / Directional / Directories Area of Sign(s): Sign Dimensions: Main Monument (Saratoga Ave. and Cox Ave.) - 150” wide - 43” tall - Top Lettering Area – 8” x 130” - Logo Lettering Area – 12” x 115” Main Monument (Saratoga Ave. and McFarland Ave.) - 139.5” wide - 20.5” tall - Top Lettering Area – 8” x 125” Single Tenant & Multi Tenant (Large Monument) - 93” wide - 19” tall - Lettering Area depends on # of tenants on sign Single Tenant & Multi Tenant (Small Monument) - 32.5” wide - 28” tall - Lettering Area depends on # of tenants on sign Directional Monument #1 - 32.5” wide - 28” tall Directional Monument #2 - 36” wide - 30” tall 40 4 Directory - 36” wide - 49” tall - 16” x 16” site map on top - 30” wide x 20” tall lettering area for company names Sign Programs: The City of Saratoga (City) allows sign programs in commercial and office districts. A sign program is used to create standard sign design guidelines for projects with multiple buildings or tenants. Once a sign program is approved, future tenants receive approval for their individual signs at staff level instead of having to go through the Planning Commission Design Review process every time they have new signage. The City has many sign programs in its jurisdiction. In instances where a property owner believes that their sign program is no longer appropriate or does not allow enough signage to meet the needs of their site, they have the right to apply for an exception to their sign program. The exception is allowed through the use permit process, and allows the Planning Commission discretion to determine the number, type, size, and height of any new signage. Saratoga Office Center has requested an exception be made for their existing sign program. Details on the background of their existing sign program and their proposal are discussed below. Background: When the Saratoga Office Center was originally approved by the Planning Commission in 1984, the applicants developed a low profile, sign program for the center. The program included five signs. The office center continued to modify their existing sign program by adding additional signage. The last entitlement was approved in May 1990. At that time, 16 freestanding signs were approved. The monument identification signs approved are a concrete molded monument type painted dark brown (faux redwood) to match the existing office buildings. The lettering of these signs was to be in individual bronze letters. The only sign that would allow illumination is the main monument sign located on Saratoga Avenue and Cox Avenue (via UP-592). As years have passed, owners of the site have changed. Sand Hill Property Company (applicant) took over the office center. Sand Hill Property Company (and existing tenants) have made changes to the existing signage without City approval. Examples of existing signage can be seen on Attachment 2. The major sign changes are as follows: • Increased the main monument signage at Saratoga / Cox Avenue one and a half feet taller (to a height of 4’). • Changed the approved bronze lettering with white Polyvinyl Choloride (PVC) lettering and corresponding logos. • Installed three directories and one directional sign to the site. In order to create a legal and concise sign program, the applicant has requested approval for a Modification of an existing Master Sign Program. The applicant is requesting a 41 5 change in the number of signs allowed, lettering type, and size of sign (for one of the main monuments). Examples of the proposed signage can be seen as Attachment 3 Description of the proposed signage has been discussed below. Project Discussion: The proposed sign program includes a total of 20 signs. The breakdown of signs can be found below: • Main Monuments - Two Saratoga Office Center Signs on the intersections of Saratoga Avenue at Cox Avenue (Saratoga / Cox) and Saratoga Avenue at McFarland Avenue (Saratoga / McFarland) are being proposed. The Saratoga / Cox sign (12’ wide and 4’ tall) displays “Saratoga Office Center” and “Intero Real Estate” with its accompanying logo. The Saratoga / McFarland sign (8’ wide and 2.5’ tall) displays “Saratoga Office Center” only. The text for “Saratoga Office Center” is 8” tall in Times Roman bold typestyle. The lettering material would be white Polyvinyl Chloryde (PVC). Multi-color logos made from the same PVC material would be allowed, if incorporated in the background and consistent with the dimensions of the proposed sign program, as shown in Attachment 3. The lighting source would be removed from the Saratoga / Cox Avenue sign. The overall signage area of the two signs is 22.42 sq. ft. • Large Monuments – Six large monument signs (7.75’ wide and 1.58’ tall) are located sporadically throughout the office complex. Each large monument sign is considered an identification sign. Three of those signs can be seen from Saratoga Avenue. One sign can be seen from McFarland Avenue. The remaining signs are outside of street view. The lettering material would be white PVC and multi- color logos would be allowed, if incorporated in the background and consistent with the dimension requirements of the sign plan. The overall signage area of the six signs is 51.24 sq. ft. • Small Monuments – Six small monument signs (2.73’ wide and 1.58’ tall) are also located sporadically throughout the complex. Seven of those signs are identification signs for businesses within the facility. Two of those signs are directional signs for certain businesses. The lettering material would be white PVC and multi-color logos would be allowed, if incorporated in the background and consistent with the dimension requirements of the sign plan. The overall signage area of the nine signs is 15.53 sq. ft. • Directional Monuments – Two directional monument signs are located at the eastern portions of the site. One of the directional signs is identical to the small monument signs (2.73’ wide and 1.58’ tall). The lettering material would be white PVC and 3” height. The second directional monument sign would be approximately 2.6’ tall and 3’ wide. The 23” tall base supports a 9” tall metal cabinet. The black metal cabinet holds a white acrylic face with black vinyl text. The text height will be 2.5” for visibility. The address number will be attached to 42 6 the faux redwood base, and be 3.5” tall. The overall signage area of the two signs is 8 sq. ft. • Directories – Three directory signs are located to the North, South, and West of the site. The directories are approximately 4’1” tall and 3’ wide. The faux redwood stand supports a metal cabinet. The black metal cabinet holds a white acrylic face. The white acrylic face displays a map of the property and the names of the companies on the property. The existing directories will remain unchanged. The overall signage area of the three signs is 36.25 sq. ft. • Overall Signage – The overall signage area of all 20 proposed signs is 133.44 sq. ft. Participating Companies: In order to move forward with the proposed changes, the following businesses have requested that they may change their signage in order to match the proposed sign program. An example of the proposed signage from the participating companies can be seen as Attachment 4. The participating companies are as follows: • Intero Real Estate • OPTM Physical Therapy • American Sleep Medicine • Roku • Video Propulsion If approved, the aforementioned companies will be allowed to construct and install their signs, in accordance to the proposed sign program. All other proposed signs will require a sign permit approved by the City and consistently with the proposed sign program, prior to being constructed and installed. Neighbor Notification: All property owners within 500 feet were notified. As of the writing of this staff report, Staff has received no comments on the proposed project. The applicant has proposed to attend the El Quito Neighborhood Association meeting on May 20th. Staff will inform the Planning Commission if any comments arise from the El Quito meeting. Staff Recommendation: Staff recommends that the Planning Commission find this application exempt from CEQA and approve the application for the modification of the Master Sign Program with required findings and conditions by adopting the attached Resolution. 43 7 ATTACHMENTS 1. Resolution for Approval 2. Existing Signage 3. Proposed Master Sign Program 4. Proposed Signage from participating businesses 5. Affidavit of Mailing Notices, Public Hearing Notice, Mailing labels for project notification. 44 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO. 10-017 FOR MODIFICATION OF SIGN PROGRAM Application # MOD10-0004 Sand Hill Property / 12900 Saratoga Avenue 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 Modification of a Use Permit Approval to expand and modify an existing sign program at the Saratoga Office Center located at the corner of Saratoga and Cox Avenue. The foregoing Master Sign Program will be described as the “Project” in this Resolution. II. Sign Permit Requirement City Code Section 15-30.050 requires Sign Permit Approval for any signs that are subject to approval by the City under the terms of a Master Sign Program. This Sign Permit Approval requirement implements the Saratoga General Plan, including but not limited to: Land Use Goal 2 which provides that the City shall encourage the economic viability of Saratoga’s existing commercial and office areas and their accessibility by residents, raking into account the impact on surrounding residential areas. III. Planning Commission Review On May 26, 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 Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Chapter 3, Article 19, Section 1311 (Class 11). A Class 11 exemption includes the construction or placement of on-premise commercial facility signs. V. Sign Permit Criteria The criteria required for issuance of a Sign Permit Approval pursuant to City Code Section 15- 30.070 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (a) That the sign program complies with the regulations of this Article and the regulations of the district in which it will be located. Per the City Code, the Planning Commission shall have authority to grant exceptions to the regulations contained in the SMC with respect to the 45 2 Application No. MOD10-0004; 12900 Saratoga Avenue number, size and height of monument signs. The applicant has requested, through the use permit process, to allow multiple signs to meet the marketing and identification needs of the office center and their existing tenants. This criteria has been met. (b) That the size, shape, color, illumination, placement and material of the sign is compatible with the building(s) it identifies and with the visual characteristics of the neighborhood and other lawful signs in the area. This project meets the criteria in that the proposed signage is attractive and barely noticeable. A vast majority of the signage is located within the complex, outside of public view. The signage which can be viewed from the public right-of-way is integrated into a landscaped earth berm and low profile. The dark brown color blends well with the office buildings and nearby structure and landscape. This criteria has been met. (c) That the location and design of the sign(s) does not obscure from view or unduly detract from existing adjacent signs. This project meets the criteria by strategically placing the signage mainly within the perimeter of the office complex. Rather than obscure from view or detract from existing adjacent signs, the signage will assist customers and clients to accurately find the office facilities located on the site. This criteria has been met. (d) That the location and design of a sign in close proximity to any residential district will not adversely affect the quality or character of such residential area. This project meets the criteria by placing a majority of the signage within the office complex and outside of the view of nearby residential areas. The signage is earth tone, low profile, and incorporated into the landscaping. These elements assist in not adversely affecting the quality or character of nearby residential districts, while meeting the needs of the existing tenant requirements. This criteria has been met. VI. Conditional Use Permit Findings The additional findings required for issuance of the proposed Sign Permit Approval required findings for a use permit. Pursuant to City Code Section 15-55.070 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (a) That the proposed location of the conditional use permit is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. The project meets this finding in that the proposed master sign program is located in a professional office district. Properties with multiple office buildings are allowed to apply for a use permit to exceed one sign per each office building. The design, style, and location of the proposed signage are consistent with the objectives of the professional office district, in that they are appropriately located in order to provide a harmonious transition between residential and commercial districts. This finding can be in the affirmative. (b) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. This project meets this 46 3 Application No. MOD10-0004; 12900 Saratoga Avenue finding in that while the signage will assist in meeting the needs of the office tenants, it will be designed and maintained in a manner that is complimentary to the office center and surrounding neighborhoods. The signage will maintain a low-profile appearance and have a dark brown color. The finding can be made in the affirmative. (c) That the proposed conditional use will comply with each of the applicable provisions of this Chapter. The project meets this finding in that the request for additional signage does not overwhelm the existing office center or deter from the natural beauty of the 10+ acre site. The signage design is in character with the modest appearance of the office center while utilizing signage materials of the current industry standard. This finding can be made in the affirmative. (d) That 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. This project meets this finding in that the proposed signage is tastefully designed and current with industry standards. The PVC material will withstand nature’s elements and continue to provide a quality look. The dark brown bases match the landscaping and office building and do not detract from the beauty of the adjacent surroundings. This finding can be made in the affirmative. VII. 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. MOD10-0004 (Modification of an existing Sign Program) for the Modification of an Existing Sign Program through the Use Permit Process is approved subject to the conditions set forth below. CONDITIONS OF APPROVAL A. GENERAL 1. The Planning Commission shall retain continuing jurisdiction over the Conditional Use Permit and may, at any time, modify, delete, or impose any new conditions of the permit to preserve the public health, safety, and welfare. 2. 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. 3. The Community Development Director shall mail to the Owner/Applicant a notice in writing, on or after the time this Resolution of Approval is duly executed by the City, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit 47 4 Application No. MOD10-0004; 12900 Saratoga Avenue may be issued until the Community Development Director certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 4. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution and the Conditional Use Permit will expire unless extended in accordance with the City Code. 5. The facility 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 facility pertaining to, but not limited to, health, sanitation, safety, and water quality issues. The Project shall maintain compliance with all applicable requirements of the State, County, City and other governmental entities having jurisdiction. 6. Prior to issuance of any demolition, grading, or building permit to implement this Design Review approval the Applicant shall obtain a “Zoning Clearance” from the Community Development Director by submitting final plans for the requested permit to the Community Development Department for review to ascertain compliance with the requirements of this Resolution. 7. 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 8. Compliance with Plans. The facility 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 May 17, 2010, incorporated by this reference. All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a 48 5 Application No. MOD10-0004; 12900 Saratoga Avenue clouded set of plans highlighting the changes. Such changes shall be subject to the requisite prior City approval. 9. Building Department. Applicant shall comply with all building standards including any permits necessary to comply with the building code. 49 6 Application No. MOD10-0004; 12900 Saratoga Avenue PASSED AND ADOPTED by the City of Saratoga Planning Commission this 26th day of May 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Mary-Lynne Bernald 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 50 51 52 53 54 55 56 57 58 Ma s t e r  Si g n  Pr o g r a m    Sa r a t o g a  Of f i c e  Ce n t e r 59 60 61 62 63 64 65 66 67 68 69 70 71 72 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 26th day of May, 2010, 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: MOD09-0004 / 12900 Saratoga Avenue APPLICANT/OWNER: Sand Hill Property APN: 389-12-017 DESCRIPTION: The applicant request a modification of an existing sign program to allow multiple-freestanding site identification signs at a professional office complex located at the southeast corner of Cox Avenue and Saratoga Avenue. The lot size is approximately 10.25 acres, located in the Professional and Administrative (PA) zoning district. Planning Commission approval is required pursuant to City Code Section 15-30.060(a). 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 Tuesday, May 18, 2009. 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. Michael Fossati Assistant Planner (408) 868-1212 73 Parcel Number Owner Name Owner Address Owner City, State Zip 38614011 PRINCE OF PEACE EVANG LUTH CH 12770 SARATOGA AV SARATOGA, CA 95070 38614012 SARATOGA COURT INC 2000 CORPORATE RIDGE UNIT 925 MC LEAN, VA 22102 38614014 BAKER BARBARA ALICE BILLINGS T 10 DAWN HILL DR SANDY, UT 84092 38614016 PRESBYTERY OF SAN JOSE 12850 SARATOGA AV SARATOGA, CA 95070 38614018 PRESBYTERY OF SAN JOSE 12850 SARATOGA AV SARATOGA, CA 95070 38614026 MORRISON DAVID J TRUSTEE & ET 4100 MOORPARK AV UNIT 201 SAN JOSE, CA 95117 38614027 SANFILIPPO DELORA J W TRUSTEE 18809 COX AV SARATOGA, CA 95070 38615002 SHENFIELD LEONARD R AND BEVERL 19063 COX AV SARATOGA, CA 95070 38615018 MCCONNELL DENNIS E AND JOANNE 12817 SARATOGA GLEN CT SARATOGA, CA 95070 38615027 DINUCCI MICHAEL AND JENNIFER 18976 SARATOGA GLEN PL SARATOGA, CA 95070 38615028 MCEACHRON DAVID E AND MARJORIE 18966 SARATOGA GLEN PL SARATOGA, CA 95070 38615029 BOSE HENRY E JR AND ATLANSIO-B 18944 SARATOGA GLEN PL SARATOGA, CA 95070 38615030 FUNG CHUNG T AND CAROLYN J 18931 PALO OAKS CT SARATOGA, CA 95070 38615031 AHMED SALAH A AND SHAYESTEH M 18943 PALO OAKS CT SARATOGA, CA 95070 38615032 JANAC GEORGE AND GLORIA 12832 STAR RIDGE CT SARATOGA, CA 95070 38615033 DEZUR BARBARA A 18967 PALO OAKS CT SARATOGA, CA 95070 38615034 VASQUEZ CHRIS E AND LESLIE J 18979 PALO OAKS CT SARATOGA, CA 95070 38615035 BARR MAURICE R AND LOUISE E TR 18981 PALO OAKS CT SARATOGA, CA 95070 38615036 MALLET JOHN E 18993 PALO OAKS CT SARATOGA, CA 95070 38615037 BREWER ERIC T ET AL 18994 PALO OAKS CT SARATOGA, CA 95070 38615038 WU LUIS T AND CLARA M 18972 PALO OAKS CT SARATOGA, CA 95070 38615039 TENG ALBERT Y AND SUH FEN TRUS 18950 PALO OAKS CT SARATOGA, CA 95070 38906005 BITTER MARCUS K 3470 HASS DR APTOS, CA 95003 38906006 ABRAMS ISAAC N TRUSTEE & ET AL P.O. BOX 2067 SARATOGA, CA 95070 38906007 MARTIN BRADFORD F 12961 VILLAGE DR SARATOGA, CA 95070 38906008 MEDICAL VILLAGE SARATOGA LLC PO BOX 2067 SARATOGA, CA 95070 38906012 HINSHAW EDWARD A AND BARBARA N 12901 SARATOGA AV SARATOGA, CA 95070 38906013 MEDICAL VILLAGE SARATOGA LLC PO BOX 2067 SARATOGA, CA 95070 38906014 T & I CHENG INVS LLC 3400 CHURIN DR MOUNTAIN VIEW, CA 94040 38906015 GRAY PATTI K TRUSTEE 12967 SARATOGA AV SARATOGA, CA 95070 38906016 MEDICAL VILLAGE SARATOGA LLC PO BOX 2067 SARATOGA, CA 95070 38906017 MVS COMPANY LP PO BOX 2067 SARATOGA, CA 95070 38912004 KAWAGUCHI HITOMI S 18775 DEVON AV SARATOGA, CA 95070 38912005 BILIONIS VASILIOS A 18789 DEVON AV SARATOGA, CA 95070 38912006 GUTIERREZ-CONTRERAS VICTOR M A 18803 DEVON AV SARATOGA, CA 95070 38912007 SABIC NEZIR AND HANA 18817 DEVON AV SARATOGA, CA 95070 38912008 SANCHEZ FRANK J JR AND TANTILL 18831 DEVON AV SARATOGA, CA 95070 38912009 WILLIAMSON KENNETH E AND JEANN 18845 DEVON AV SARATOGA, CA 95070 38912010 REID NEIL T 18859 DEVON AV SARATOGA, CA 95070 38912011 WANG TAK T AND ELAINE Y M S TR 1228 RUPPELL PL CUPERTINO, CA 95014 38912012 MARCOLINA JOHN R AND MARY L 18887 DEVON AV SARATOGA, CA 95070 38912013 DAHL SHERILYN A 18901 DEVON AV SARATOGA, CA 95070 38912014 SUIT THOMAS L AND BARBARA K TR 18915 DEVON AV SARATOGA, CA 95070 38912015 NGUYEN HONG T AND HOANG MARY T 18929 DEVON AV SARATOGA, CA 95070 38912016 MALAKI ALEN S 18955 MC FARLAND AV SARATOGA, CA 95070 38912017 SARATOGA OFFICE CENTER PARTNER 2901 TASMAN DR UNIT 220 SANTA CLARA, CA 95054 38912017 AMERICAN SLEEP MEDICINE 12980 SARATOGA AVE. SARATOGA, CA 95070 38912017 SARATOGA OFFICE CENTER PARTNER 2901 TASMAN DR UNIT 220 SANTA CLARA, CA 95054 38912018 STERN STEVEN E TRUSTEE & ET AL 18860 COX AV SARATOGA, CA 95070 38912019 SANDHILL PROPERTY COMPANY 489 SOUTH EL CAMINO REAL SAN MATEO, CA 94402 38912019 QUITO CLEANERS 18808 COX AVENUE SARATOGA, CA 95070 38912019 SANDHILL PROPERTY COMPANY 489 SOUTH EL CAMINO REAL SAN MATEO, CA 94402 38915001 KIM PAUL B AND CARRIE J 18900 DEVON AV SARATOGA, CA 95070 38915002 MALONE ROBERT J 18886 DEVON AV SARATOGA, CA 95070 38915003 DAVIS JOAN G TRUSTEE 14850 OKA RD UNIT 23 LOS GATOS, CA 95032 38915004 KELLER MARTIN J 18858 DEVON AV SARATOGA, CA 95070 38915005 SIDDIQUI AHMAD Z 18844 DEVON AV SARATOGA, CA 95070 38915006 DEDIEGO WILLIAM E 18830 DEVON AV SARATOGA, CA 95070 38915007 YING SONIA S HANG AND PIERRE Y 4715 MALERO PL SAN JOSE, CA 95129 38915008 MAESUMI MASUD 18802 DEVON AV SARATOGA, CA 95070 38915009 BALERO MANUEL 3 18788 DEVON AV SARATOGA, CA 95070 38915010 TANAKA DON AND KATHLEEN 18774 DEVON AV SARATOGA, CA 95070 38915016 KIM SAMJUNG AND CHRISTINE 18789 MC FARLAND AV SARATOGA, CA 95070 38915017 DRUMM PATRICK T AND SHEILA A 18803 MC FARLAND AV SARATOGA, CA 95070 38915018 KECK JAMES B AND BETTY A 18817 MC FARLAND AV SARATOGA, CA 95070 38915019 CAUBLE GARY L AND JENNIFER C T 18831 MC FARLAND AV SARATOGA, CA 95070 38915020 GUITERREZ PRIMITIVO AND JESSIE 18845 MC FARLAND AV SARATOGA, CA 95070 38915021 LEMEN JAMES R AND JULIE A 18859 MC FARLAND AV SARATOGA, CA 95070 38915022 AFTAB MOHD N AND SAMINA 18873 MC FARLAND AV SARATOGA, CA 95070 38915032 HESS MICHAEL 18858 MC FARLAND AV SARATOGA, CA 95070 38915033 GROSCH MICHAEL G AND CHEN I-FA 18844 MC FARLAND AV SARATOGA, CA 95070 38916001 SAHBARI SHAHRAM AND MOJGON K 18960 MC FARLAND AV SARATOGA, CA 95070 38916002 HAYTKO GEORGE J AND BARBARA HA 18950 MC FARLAND AV SARATOGA, CA 95070 38916003 SALAH TED AND ELADIA 13033 MONTROSE ST SARATOGA, CA 95070 38916004 ANDERSON RONALD G AND NANCY A 13047 MONTROSE ST SARATOGA, CA 95070 38916005 ZHUK SERGIY A AND KONKINA ELEN 13061 MONTROSE ST SARATOGA, CA 95070 38916006 COOKE EDWARD AND HELEN Y TRUST 13075 MONTROSE ST SARATOGA, CA 95070 38916028 ANDERSON CURTIS C AND HOLLY A 13074 MONTROSE ST SARATOGA, CA 95070 38916029 CLANTON DONALD G AND E L TRUST 3309 WALTON WY SAN JOSE, CA 95117 38916030 SLOAN THOMAS J AND SANDRA L 18900 MC FARLAND AV SARATOGA, CA 95070 38916031 ADAMS TENAYA L AND SCOTT 13075 HEATH ST SARATOGA, CA 95070 38944006 HSIA CHORNG GUANG JASON AND WU 18807 BELLGROVE CL SARATOGA, CA 95070 74 38944007 COHN MICHAEL G AND ROBBIN J 18809 BELLGROVE CL SARATOGA, CA 95070 38944008 SASAKI BRIAN G AND CYNTHIA F T 18811 BELLGROVE CL SARATOGA, CA 95070 38944009 LEE BENJAMIN T AND LIU PATRICI 18813 BELLGROVE CL SARATOGA, CA 95070 38944010 BLESZYNSKI RICK 18817 BELLGROVE CL SARATOGA, CA 95070 38944011 XUE HUA AND TAN WEI 18819 BELLGROVE CL SARATOGA, CA 95070 38944012 CHIANG SHINWU AND CHEN HAI HSI 18821 BELLGROVE CL SARATOGA, CA 95070 38944013 YOFFIE DAVID M AND DEBRA L 18823 BELLGROVE CL SARATOGA, CA 95070 38944014 WANG DAVID W AND YU ANNIE TRUS 18827 BELLGROVE CL SARATOGA, CA 95070 38944015 DENG QING YUAN AND LIU AIZHI E 18829 BELLGROVE CL SARATOGA, CA 95070 38944017 XU KAI AND HE QING 18831 BELLGROVE CL SARATOGA, CA 95070 38944018 HUANG JACK 18833 BELLGROVE CL SARATOGA, CA 95070 38944019 ROBINSON FRANK A AND FRANCES R 18837 BELLGROVE CL SARATOGA, CA 95070 38944020 HUANG LING Y 18839 BELLGROVE CL SARATOGA, CA 95070 38944021 NOMURA ROBERT AND MARSI L 18861 BELLGROVE CL SARATOGA, CA 95070 38944022 CHEN CHARLES Y 18863 BELLGROVE CL SARATOGA, CA 95070 38944023 PUN YIM 18867 BELLGROVE CL SARATOGA, CA 95070 38944024 CHOW TYLER M AND ANNIE M 18869 BELLGROVE CL SARATOGA, CA 95070 38944030 LEE CHRIS Y AND SOONYI C 18866 MASSON TERRACE CT SARATOGA, CA 95070 38944031 NG ANNA F TRUSTEE 18862 MASSON TERRACE CT SARATOGA, CA 95070 38944032 HSIAO MING-YUAN AND SHEEH MING 18826 BELLGROVE CL SARATOGA, CA 95070 38944033 CHOW MIN-CHAN JOHN AND SHU-MIN 15171 MAUDE AV SARATOGA, CA 95070 38944034 CHIN CHUNG-KUANG AND CHIUNG-DI 18820 BELLGROVE CL SARATOGA, CA 95070 38944035 NG TOH-SENG AND CHEN FONG-MENG 18818 BELLGROVE CL SARATOGA, CA 95070 38944036 LEE KISUB 18816 BELLGROVE CL SARATOGA, CA 95070 38944037 WONG RICHARD J AND CHEN MARGER 18812 BELLGROVE CL SARATOGA, CA 95070 38944038 IDNANI CHANDRU M AND HELEN C T 18810 BELLGROVE CL SARATOGA, CA 95070 38944039 YI CHRISTOPHER S AND JOAN J 18808 BELLGROVE CL SARATOGA, CA 95070 38944040 HWONG HSIANG-HSEAU AND LIU YU- 18806 BELLGROVE CL SARATOGA, CA 95070 110 75 AFFIDAVIT OF MAILING NOTICES I, Michael Fossati , 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 5th day of May , 2010, that I deposited 110 Notices in the United States Post Office, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15-55.060 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: 389-12-017 Address: 12900 Saratoga Avenue that on said day there was regular communication by United States Mail to the addresses shown above. ________________________ Michael Fossati City of Saratoga 76