HomeMy WebLinkAbout08-11-2010 Planning Commission PacketTable of Contents
Agenda 2
July 14, 2010
Action Minutes 4
APPLICATION PDR10-0007 (386-53-019) T-Mobile (Sutro
Consulting) 12383 Saratoga-Sunnyvale Road -
Staff report 6
Resolution 10
Notice and Neighbor Comments 15
Radio Frequency Exposure Study 24
APPLICATION MOD10-0002 (397-27-030) (Summer Hill
Homes) 14234 Saratoga-Sunnyvale Road -
Staff Report 29
Resolution 39
Resolution - Design Review 4-25-07 45
Resolution - MND 58
Neighbor Agreement 61
Resolution - Map Extension 62
Notice and Mailing Addresses 76
Neighbor Comments 78
Response to Neighbors 103
Applicant Arborist 108
City Arborist 109
Fire 110
SCVWD 113
Modifications 116
Green Features 119
1
CITY OF SARATOGA PLANNING COMMISSION
AGENDA
DATE: Wednesday, August 11, 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, Joyce Hlava, David Reis, Linda
Rodgers, Tina K. Walia and Yan Zhao
PLEDGE OF ALLEGIANCE
MINUTES
Action Minutes from the Regular Planning Commission Meeting of July 14, 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 August 5, 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 PDR10-0007 (386-53-019) T-Mobile (Sutro Consulting) 12383 Saratoga-Sunnyvale
Road - The applicant is requesting Design Review approval to install seven panel antennas and one GPS
antenna to an existing PG&E tower. Supporting equipment will be placed inside an existing cabinet. The
proposal will not increase the height of the existing utility structure and the antennas will be painted to
match the existing tower. (Cynthia McCormick)
2. APPLICATION MOD10-0002 (397-27-030) (Summer Hill Homes) 14234 Saratoga-Sunnyvale Road -
The applicant is requesting modifications to an approved plan to construct twenty townhome units. The
townhomes were never built and the property has changed ownership. The proposed changes include
eliminating the approved basements, modifying the interior layout, and modifying the exterior façade. The
maximum height of the proposed buildings is 30 feet, as previously approved. The lot size is approximately
2.08 net acres and the site is zoned RM-3000. (Cynthia McCormick)
2
DIRECTORS ITEM
COMMISSION ITEMS
COMMUNICATIONS
ADJOURNMENT TO NEXT MEETING
- Wednesday, September 8, 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 August 5,
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, July 14, 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, Joyce Hlava, David Reis, Linda
Rodgers and Yan Zhao
PLEDGE OF ALLEGIANCE
MINUTES
Action Minutes from the Regular Planning Commission Meeting of June 23, 2010 (Approved, 6:0)
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 July 8, 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 PDR10-0005 (403-22-004) T-Mobile (Sutro Consulting) 14091 Quito Road - The
applicant is requesting Design Review approval for a wireless telecommunication antenna on a wood utility
pole. The facility is considered a “micro site” because the antennas and associated equipment are smaller in size
than a standard wireless facility. The antennas would be placed at the top of the pole and the associated
equipment would be placed on the lower half of the pole. The pole will be similar in height to other poles in the
vicinity and no equipment will be on the ground. (Cynthia McCormick) (Continued to the September 8, 2010
meeting) (Approved, 6:0)
DIRECTORS ITEM
COMMISSION ITEMS
COMMUNICATIONS
4
ADJOURNMENT TO NEXT MEETING – ADJOURNED 7:30 PM
- Wednesday, August 11, 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 July 8, 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
Meeting Date: August 11, 2010
Application No. & Type: PDR10-0007; Design Review for new Cellular Antennas
Location / APN: 12383 Saratoga-Sunnyvale Road / 386-53-019
Applicant/Owner: T-Mobile (Sutro Consulting) / PG&E
Staff Planner: Cynthia McCormick, Assistant Planner, AICP
Department Head:
John F. Livingstone, AICP
12383 Saratoga-Sunnyvale Road
6
Application PDR10-0007; 12383 Saratoga-Sunnyvale Road
EXECUTIVE SUMMARY
CASE HISTORY
Application filed: 05/25/10
Application complete: 07/19/10
Notice published: 07/27/10
Mailing completed: 07/22/10
Posting completed: 08/05/10
PROJECT DESCRIPTION
The applicant is requesting Design Review approval to co-locate seven panel antennas and one GPS
antenna to an existing PG&E tower with other carriers. Supporting equipment will be placed inside an
existing cabinet. The proposal will not increase the height of the existing utility structure and the
antennas will be painted to match the existing tower.
PERMANENT CONDITIONS
No permanent conditions of approval are required.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission approve Design Review Application number PDR10-
0007 with required findings and conditions and find this application exempt from CEQA by adopting
the attached Resolution.
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Application PDR10-0007; 12383 Saratoga-Sunnyvale Road
PROJECT DATA
ZONING: Single Family Residential (R1-12,500)
GENERAL PLAN DESIGNATION: Medium Density Residential (M-12.5)
MEASURE G: Not applicable.
PARCEL SIZE: ~32,000 sq. ft.
GRADING REQUIRED: None
ENVIRONMENTAL DETERMINATION
The proposed project is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 of the Guidelines for Implementation of CEQA. This Class 3 exemption
applies to new construction and installation of small, new equipment and facilities in small structures,
and includes installation and replacement of new cellular equipment.
PROJECT DISCUSSION
Project Description
The applicant is requesting Design Review approval to co-locate seven panel antennas and one GPS
antenna to an existing PG&E tower with other carriers. Supporting equipment will be placed inside an
existing cabinet. The proposal will not increase the height of the existing utility structure and the
antennas will be painted to match the existing tower.
Proposed Exterior Materials and Colors
The proposed antennas, mounting supports, and coax cables will be painted to match the existing tower.
Correspondence and Neighbor Review
The public hearing notice was mailed to property owners within 500 feet of the subject property. The
applicant also distributed information to 16 surrounding properties. Six forms were returned with
comments (Attachment 2). One neighbor commented that the tower was crowded and the antennas
should be moved to another tower. Four neighbors wrote letters with similar comments; they were
concerned about noise and radiation/microwave exposure health effects. They also indicated that the
antennas would be in their line of sight of the community.
The antennas would be placed on an existing tower, approximately 77 feet and 143 feet above ground.
The antennas will be painted to match the existing tower and are relatively small in relation to the 146
foot tall tower. Staff sent a copy of the radio frequency exposure study to the neighbors and provided
information regarding noise standards in the City. Staff notified the neighbors that the City would
investigate any reported violations of the noise standards and subsequently take measurements of noise
levels to ensure compliance.
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Application PDR10-0007; 12383 Saratoga-Sunnyvale Road
FCC Requirements
Under the Telecommunications Act of 1996, the Federal Communications Commission (FCC) has
exclusive jurisdiction over RF emissions from personal wireless antenna facilities. The City can evaluate
and regulate only the aesthetic aspects of wireless installations. Any concerns regarding health or safety
aspects of the wireless sites are not within the purview of the Planning Commission. Pursuant to its
authority under federal law, the FCC has established rules to regulate the safety of emissions from these
facilities.
The applicant has provided a Radio Frequency (RF) Analysis (Attachment #3) which concludes that the
proposed telecommunications facility will comply with the FCC’s current prevailing standard for
limiting human exposure to RF energy, and no significant impact on the general public is expected. A
condition has been added to the attached resolution that the applicant must meet all requirements
established by the FCC.
Surrounding Land Uses
Surrounding land uses include residential neighborhoods to the north, south, east and west, and
commercial uses to the north.
Location and Alternative Sites
The antennas will be co-located on an existing PG&E tower on a semi-vacant parcel of land near the
railroad tracks. The applicant considered another PG&E tower for the antennas but it was determined
that the antennas could not go on the alternative tower due to covenants, conditions, and restrictions.
Noise-Generating Devices
No new noise-generating devices are proposed. Existing equipment such as cooling fans are enclosed to
reduce noise impacts.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission approve Design Review Application number PDR10-
0007 with required findings and conditions and find this application exempt from CEQA by adopting
the attached Resolution.
ATTACHMENTS
1. Resolution of Approval
2. Neighbor comments, public hearing notice, and mailing labels
3. Radio Frequency Analysis
4. Reduced Plans, Exhibit "A"
5. Photo simulations, Exhibit "B"
9
CITY OF SARATOGA PLANNING COMMISSION
RESOLUTION NO. FOR APPROVAL OF DESIGN REVIEW
Application # PDR 10-0007 / T-Mobile (Sutro Consulting)
12383 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 Design Review (PDR
approval for the Project shown in Exhibit "A" and Photo Simulations denominated Exhibit “B”
stamped July 27, 2010, incorporated by this reference. The proposed project is to install seven panel
antennas and one GPS antenna to an existing PG&E tower. Supporting equipment will be placed
inside an existing cabinet. The proposal will not increase the height of the existing utility structure
and the antennas will be painted to match the existing tower. The foregoing use will be described as
the “Project” in this Resolution.
II. Design Review Requirement
City Code Section 15-46.020(a)(7) requires Design Review Approval for any new antenna facility
operated by a public utility for transmitting and receiving cellular telephone and wireless
communication. This Design Review Approval requirement implements the Saratoga General Plan,
including but not limited to: Land Use Goal 13 which provides that the City shall use the Design
Review process to assure that new construction and major additions thereto are compatible with the
site and the adjacent surrounding.
III. Planning Commission Review
On August 11, 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 (14 C.C.R. Section 15303). Class 3 exemptions include installation
of equipment and facilities in small structures and includes installation and replacement of new
cellular equipment.
10
2
Application No. PDR 10-0007; 12383 Saratoga-Sunnyvale Road
V. Design Review Findings
The findings required for issuance of a Design Review Approval pursuant to City Code Section 15-
46.040 are set forth below and the Applicant has met the burden of proof to support making all of
those required findings:
(a) Where more than one building or structure will be constructed, the architectural features and
landscaping thereof shall be harmonious. Such features include height, elevations, roofs,
material, color, and appurtenances. This finding can be made in the affirmative. The proposed
project will be located on an existing PG&E tower and supporting equipment will be placed
inside an existing cabinet. The proposal will not increase the height of the existing utility
structure and the antennas will be painted to match the existing tower.
(b) Where more than one sign will be erected or displayed on the site, the sign shall have a
common or compatible design theme and locational positions and shall be harmonious in
appearance. This finding is not applicable because no signs are proposed.
(c) Landscaping shall integrate and accommodate existing trees and vegetation to be preserved;
it shall make use of water-conserving plants, materials and irrigation systems to the
maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in
natural appearing groups, as opposed to being placed in rows or regularly spaced. This
finding can be made in the affirmative. This project does not propose new landscaping and
existing landscaping shall be maintained by the owner.
(d) Colors of wall and roofing materials shall blend with the natural landscape and be
nonreflective. This finding is not applicable because no walls or roofing materials are proposed.
(e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as
composition as approved by the Planning Commission. No mechanical equipment shall be
located upon a roof unless it is appropriately screened. This finding is not applicable because
no roofing materials are proposed. All equipment will be located in an existing enclosure on the
ground.
(f) The proposed development shall be compatible in terms of height, bulk, and design with other
structures in the immediate area. This finding can be made in the affirmative. The proposed
project will be located on an existing PG&E tower and supporting equipment will be placed
inside an existing cabinet. The proposal will not increase the height of the existing utility
structure and the antennas will be painted to match the existing tower.
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.
PDR 10-0007 (Planning Commission Design Review) for a wireless facility is approved subject to
the conditions set forth below.
11
3
Application No. PDR 10-0007; 12383 Saratoga-Sunnyvale Road
CONDITIONS OF APPROVAL
A. GENERAL
1. The Planning Commission shall retain continuing jurisdiction over the 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.
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
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 Design Review 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:
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4
Application No. PDR 10-0007; 12383 Saratoga-Sunnyvale Road
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" and
Photo Simulations denominated Exhibit “B” date stamped July 27, 2010, incorporated by this
reference. 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 the requisite prior City approval.
9. Safety Fencing During Construction. During all phases of construction, the Applicant shall
install and maintain temporary safety fencing to restrict or prevent public access to active on-site
construction activities, materials, or chemicals.
10. Governmental entities. All applicable requirements of the State, County, City and other
Governmental entities must be met.
11. Federal Communications Commission (FCC) Verification. The owner and/or Applicant for
this Project shall contact the FCC and verify whether there are any required permits from said
Commission. If required by the FCC, prior to issuance of Zoning Clearance for any proposed
equipment installations (or if none, prior to commencement of the approved use), the Owner
and/or Applicant shall submit to the Community Development Department documentation from
the FCC showing proof of compliance of the proposed use and/or development with the FCC's
requirements.
12. Fire Agency Conditions. Applicant shall comply with all Fire Agency Conditions.
13. Building Department. Applicant shall comply with all building standards including any
improvements necessary to comply with the building code.
13
5
Application No. PDR 10-0007; 12383 Saratoga-Sunnyvale Road
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 11th day of August 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
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26
FCC Radio Frequency Protection Guide
FCC Guidelines
Figure 1
Frequency (MHz)
1000
100
10
1
0.1
0.1 1 10 100
103 104 105
Occupational Exposure
Public Exposure
PCS
CellFM
Po
w
e
r
De
n
s
i
t
y
(m
W
/
c
m
2 )
The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission (“FCC”)
to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have
a significant impact on the environment. The FCC adopted the limits from Report No. 86, “Biological
Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields,” published in 1986 by the
Congressionally chartered National Council on Radiation Protection and Measurements (“NCRP”).
Separate limits apply for occupational and public exposure conditions, with the latter limits generally
five times more restrictive. The more recent standard, developed by the Institute of Electrical and
Electronics Engineers and approved as American National Standard ANSI/IEEE C95.1-2006, “Safety
Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to
300 GHz,” includes similar limits. These limits apply for continuous exposures from all sources and
are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or
health.
As shown in the table and chart below, separate limits apply for occupational and public exposure
conditions, with the latter limits (in italics and/or dashed) up to five times more restrictive:
Frequency Electromagnetic Fields (f is frequency of emission in MHz)
Applicable
Range
(MHz)
Electric
Field Strength
(V/m)
Magnetic
Field Strength
(A/m)
Equivalent Far-Field
Power Density
(mW/cm2)
0.3 – 1.34 614 614 1.63 1.63 100 100
1.34 – 3.0 614 823.8/ f 1.63 2.19/ f 100 180/ f2
3.0 – 30 1842/ f 823.8/ f 4.89/ f 2.19/ f 900/ f2 180/ f2
30 – 300 61.4 27.5 0.163 0.0729 1.0 0.2
300 – 1,500 3.54 f 1.59 f f /106 f /238 f/300 f/1500
1,500 – 100,000 137 61.4 0.364 0.163 5.0 1.0
Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or
thirty minutes, for occupational or public settings, respectively, do not exceed the limits, and higher
levels also are allowed for exposures to small areas, such that the spatially averaged levels do not
exceed the limits. However, neither of these allowances is incorporated in the conservative calculation
formulas in the FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) for
projecting field levels. Hammett & Edison has built those formulas into a proprietary program that
calculates, at each location on an arbitrary rectangular grid, the total expected power density from any
number of individual radio sources. The program allows for the description of buildings and uneven
terrain, if required to obtain more accurate projections.
27
RFR.CALC ™ Calculation Methodology
Assessment by Calculation of Compliance with FCC Exposure Guidelines
Methodology
Figure 2
The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission (“FCC”) to
adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a
significant impact on the environment. The maximum permissible exposure limits adopted by the FCC
(see Figure 1) apply for continuous exposures from all sources and are intended to provide a prudent
margin of safety for all persons, regardless of age, gender, size, or health. Higher levels are allowed for
short periods of time, such that total exposure levels averaged over six or thirty minutes, for
occupational or public settings, respectively, do not exceed the limits.
Near Field.
Prediction methods have been developed for the near field zone of panel (directional) and whip
(omnidirectional) antennas, typical at wireless telecommunications base stations, as well as dish
(aperture) antennas, typically used for microwave links. The antenna patterns are not fully formed in
the near field at these antennas, and the FCC Office of Engineering and Technology Bulletin No. 65
(August 1997) gives suitable formulas for calculating power density within such zones.
For a panel or whip antenna, power density S = 180
!!BW
"0.1 "Pnet
#"D 2 "h , in mW /cm 2,
and for an aperture antenna, maximum power density Smax = 0.1 ! 16 ! " ! Pnet
# ! h 2 , in mW /cm 2,
where !BW = half-power beamwidth of the antenna, in degrees, and
Pnet = net power input to the antenna, in watts,
D = distance from antenna, in meters,
h = aperture height of the antenna, in meters, and
"= aperture efficiency (unitless, typically 0.5-0.8).
The factor of 0.1 in the numerators converts to the desired units of power density.
Far Field.
OET-65 gives this formula for calculating power density in the far field of an individual RF source:
power density S = 2.56 !1.64 !100 !RFF 2 !ERP
4 !"!D2 , in mW /cm 2,
where ERP = total ERP (all polarizations), in kilowatts,
RFF = relative field factor at the direction to the actual point of calculation, and
D = distance from the center of radiation to the point of calculation, in meters.
The factor of 2.56 accounts for the increase in power density due to ground reflection, assuming a
reflection coefficient of 1.6 (1.6 x 1.6 = 2.56). The factor of 1.64 is the gain of a half-wave dipole
relative to an isotropic radiator. The factor of 100 in the numerator converts to the desired units of
power density. This formula has been built into a proprietary program that calculates, at each location
on an arbitrary rectangular grid, the total expected power density from any number of individual
radiation sources. The program also allows for the description of uneven terrain in the vicinity, to
obtain more accurate projections.
28
REPORT TO THE
PLANNING COMMISSION
Meeting Date: August 11, 2010
Application No / Type: MOD10-0002 Modification of Building Plans
and Development Conditions for 20 unit
Townhome Project
Location / APN: 14234 Saratoga-Sunnyvale Road / 397-27-030
Owner/Applicant: SummerHill Homes
Staff Planner: Cynthia McCormick, AICP, Assistant Planner
Department Head: John Livingstone, AICP
14234 SARATOGA-SUNNYVALE ROAD
29
MOD10-0002; 14234 Saratoga-Sunnyvale Road Page 2 of 10
EXECUTIVE SUMMARY
PROJECT HISTORY:
MND 1 approved: 04-25-07
Design Review approved: 04-25-07
Tentative Map approved: 04-25-07
Tentative Map extended: 06-10-09
Modification Application filed: 04-22-10
Design Review Extension field: 04-22-10
Design Review Extension approved: 07-19-10
Application complete: 07-19-10
Notice published: 07-27-10
Mailing completed: 07-22-10
Posting completed: 08-05-10
PROJECT OVERVIEW:
The applicant requests modifications to a townhome project that received Design Review and
Tentative Subdivision Map approval in 2007. The townhomes were never built. The project includes
20 townhome units. Each townhome unit has between three and five bedrooms, optional gas
fireplace, and a two-car garage. The proposed changes include eliminating the approved basements,
modifying the interior layout, modifying the exterior façade and patios, and modifying the individual
property lines to accommodate minor movement between party walls. The maximum height of the
proposed buildings is 30 feet, as previously approved. The proposed building coverage is 37.5%.
The lot size is approximately 2.08 net acres and the site is zoned RM-3,000.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve the application for Modification of
Building Plans and Development Conditions with required findings and conditions by adopting
the attached Resolution.
1 Mitigated Negative Declaration and Initial Study
30
MOD10-0002; 14234 Saratoga-Sunnyvale Road Page 3 of 10
STAFF ANALYSIS
ZONING: RM-3,000
GENERAL PLAN DESIGNATION: Residential Multi-Family (RMF)
MEASURE G: Not Applicable
PARCEL SIZE: 90,515 square feet
SLOPE: 7% average site slope
GRADING REQUIRED: Minimal grading required.
GEOTECHNICAL CLEARANCE: The project obtained geotechnical clearance with conditions that
have been added to the conditions of approval for this project.
ENVIRONMENTAL DETERMINATION: An Initial Study, Mitigated Negative Declaration (MND), and
Mitigation Monitoring Plan (MMP) were approved on April 25, 2007. The modifications to the
previously approved Townhome Project are minor alterations to previously established land use
limitations and hence the Project is categorically exempt from the California Environmental Quality
Act (CEQA) pursuant to CEQA Guidelines (14 C.C.R. Section 15305 Class 5 of Title 14, Division
6, Chapter 3 (“CEQA Guidelines”). Furthermore, the modifications are exempt from CEQA
pursuant to CEQA Guideline 15061 in that the modifications can be seen with certainty to have no
possibility of having a significant effect on the environment.
MATERIALS AND COLORS: As further described in the staff report, the project includes three
architectural styles within the 20 unit subdivision with corresponding materials: Hardi Plank lap
siding; shingle siding; or stucco. Accent materials also vary between the architectural styles and
include wood and stone or brick. Roofing materials are compositional tile. Earthtone colors include
browns, tans, and greens. A colors and materials board will be presented at the site visit and
available during the public hearing.
31
MOD10-0002; 14234 Saratoga-Sunnyvale Road Page 4 of 10
PROJECT DATA:
Proposal Code Requirements
Density: 9.5 units per acre 15 units per acre
Building
Coverage:
Impervious:
Structures
Patio/pavers/roads/
driveways/sidewalks/
pathways/parking
33,913 SF (37.5%)
45,457 SF
Maximum Allowable:
= 36,206 sq. ft. (40%)
Maximum Allowable: N/A
In commercial and multi-
family zones the site
coverage includes structures
only and places no
limitation on impervious
coverage.
Setbacks:
The project proposes a
minimum 25 feet setback to
the property boundary and
20 feet between buildings.
The minimum front, side
and rear setback areas
= 25 feet
The minimum distance
between habitable structures
= 20 feet
Height:
30 ft.
Maximum Allowable:
= 30 ft.
Parking:
94 spaces =
2 garage spaces per unit
2 driveway spaces per unit
14 guest spaces dispersed
Minimum Requirement
50 spaces =
1 garage space per unit
1.5 guest spaces per unit
32
MOD10-0002; 14234 Saratoga-Sunnyvale Road Page 5 of 10
PROJECT DISCUSSION:
Project History:
The original proposal was heard at a Study Session on December 14, 2005, a Public Hearing on
September 13, 2006, and another Public Hearing on April 25, 2007. The Resolution of Approval was
amended during the April 25, 2007 Public Hearing (attachment 2). On April 22, 2010 the applicant filed
for an extension of design review approval. Design Review approvals expire 36 months from the date on
which the approval became effective, unless the applicant applies for a building permit. The extension of
approval was granted which was necessary to allow the application for modification to be reviewed at
the public hearing on August 11, 2010.
Existing Conditions:
The 2.08 acre (net) parcel is currently developed with a 20 unit apartment complex. The apartment
complex was constructed in 1962 and contains three one-story apartment buildings and one two-
story apartment building, a swimming pool and carports. The apartments consist of 17 one-bedroom
units of 635 square feet and 3 two-bedroom units of 870 square feet. The two-story apartment
building is adjacent to Saratoga Creek. Access to the site is from Saratoga-Sunnyvale Road and
provided through the Neale’s Hollow Shopping Center. A driveway within the site also serves as a
primary access to two multi-family residential developments to the east of the site.
Historic Evaluation:
The apartment buildings are approximately 48 years old and are not listed on the City’s Historic
Resources Inventory. Furthermore, the Heritage Preservation Commission concluded that the
structures have no historic value.
Project Description:
The project includes 20 townhome units contained within eight buildings, each having 2 to 4 units.
The two story townhomes are a maximum of 30 feet in height. The size of the units including the
garage and stairs range from 2,528 to 4,354 square feet. All units include a two-car garage and two-
car driveway apron. The project includes an additional 14 guest parking spaces, including one ADA
space, distributed throughout the project. The total parking is equal to 94 spaces or 4.7 spaces per
unit, where a total of 50 spaces or 2.5 spaces per unit are required. The project includes a common
open space area which incorporates a cluster of three redwood trees and a pedestrian pathway that
connects to most areas of the site as well as a pedestrian pathway along Saratoga-Sunnyvale Road.
Signage:
The project includes entry monument pilasters identifying the Saratoga Creek Townhome
subdivision. The monument pilasters will have a stone veneer and will be compatible with the
architecture of the townhomes. The sign has been designed so that it is outside of the 50 foot sight
triangle and does not obstruct the view from passing vehicles or pedestrians.
Tentative Map:
33
MOD10-0002; 14234 Saratoga-Sunnyvale Road Page 6 of 10
On April 25, 2007, the Planning Commission approved the tentative subdivision map for the project
for 24 months. On June 10, 2009 the Planning Commission approved a 36 month extension of the
tentative map through June 10, 2012. The applicant is currently proposing that the Final Map contain
very minor alterations from the approved tentative map primarily to accommodate minor movement
between party walls utilizing the revised architecture. The City Engineer has reviewed the alterations
and finds them in substantial compliance with the approved tentative map.
Proposed Modifications:
As further described in Attachment 13, the proposed modifications include eliminating the approved
basements, modifying the interior layout, modifying the exterior façade and patios, and modifying
the individual property lines to accommodate minor movement between party walls. The modified
plans have kept the originally approved Craftsman architecture including lap siding and shingle
siding but have included stucco as a third elevation to add variability between the townhome
facades. The design maintains the brick and stone veneer accents, wood garage doors, and gable
roofs as originally approved. Removal of the basements reduces impacts to trees and drainage issues
that would have resulted from the additional grading and excavation.
Design/Architecture:
The proposed townhomes are designed in the Craftsman style of architecture. There are three
Craftsman architectural styles within the 20 unit subdivision with corresponding materials of either
Hardi Plank lap siding, shingle siding, or stucco. Architectural elements include stone or brick
accented entry columns, wood (carriage style) garage doors, wood trellises, private patios, wood
corbels, double-hung windows, gable overhangs, and compositional roof tiles. All walls are fully
articulated, reducing bulk and mass. Furthermore, earthtone colors are proposed including browns,
tans, and greens. The design is complimentary to the surrounding homes and to the Neal’s Hollow
Shopping Center.
Green Features:
Green Features are further discussed in Attachment 14. Some of these green features include:
tankless water heaters; low VOC paints, high efficiency plumbing fixtures, toilets, heating and
cooling system; grassy bioretention swales; tree filter system; built-in recycling center; and
reduced light pollution through light shields and lighting that is only directed downward.
Open Space:
The project includes private patios for every unit, meandering walkways throughout the site, and an
existing redwood grove clustered between units 2, 3, 4, 6 and 7. A wide landscaped buffer and
walkway separates townhome units 1 and 8 from Saratoga-Sunnyvale Road. The two townhomes
located in unit 5 overlook the riparian corridor of Saratoga Creek.
Trees:
34
MOD10-0002; 14234 Saratoga-Sunnyvale Road Page 7 of 10
Per the applicant’s Arborist, the modifications would not change the effect on site trees (attachment
9). As a condition of approval, the applicant shall comply with all City Arborist Conditions. The
City Arborist has indicated that there are no significant changes in impacts to trees on the property
from the design changes and that removal of the basements is a benefit to the surrounding trees in
that there will be much less excavation on the property (attachment 10).
Santa Clara Valley Water District:
The Santa Clara Valley Water District has reviewed the plans and outlined several recommendations
including using local native plants/trees that do not hybridize existing plants/trees and monitoring
transplanted oak trees for 3 years (attachment 12). The Resolution includes a condition that the
applicant works with the City Arborist to incorporate applicable SCVWD standards including
Guidelines and Standards for Land Use near Streams.
Compatibility with adjacent residences:
The project will replace an existing 20 unit apartment complex. The townhomes are fully articulated
on all sides and the Craftsman style architecture is compatible with the surrounding neighborhood.
The project will be integrated within the surrounding mix of residential development including three
single-family homes to the north and the two-story townhomes and apartments to the north and east
of the site. The single-family homes are at a higher grade than the proposed townhomes and there
are several trees that exist or will be newly planted or relocated along the perimeter of the property.
The project is also complimentary to the Neal’s Hollow Shopping Center located to the south of the
site.
Views and privacy:
The site is located an average of 10 feet below the grade along Saratoga-Sunnyvale Road which
reduces its visibility from the roadway. Furthermore, the townhomes will be screened by new and
existing trees in addition to a wall parallel to Sunnyvale-Saratoga Road. The site is also below the
grade of the three single-family properties to the north. These residences will also be screened by
new and existing trees and a six foot concrete wall that was agreed to by the adjacent neighbors. The
townhomes to the east are similar in height and type of units and will be screened by a row of fast
growing shrubs. The properties to the southeast are buffered by the setback of Saratoga Creek and
existing trees and vegetation. A new entrance driveway and large existing trees will separate the
townhomes from Neal’s Hollow Shopping Center.
NEIGHBOR NOTIFICATION AND CORRESPONDENCE:
35
MOD10-0002; 14234 Saratoga-Sunnyvale Road Page 8 of 10
The public hearing notice was mailed to property owners within 500 feet of the subject property.
Staff also contacted the presidents of both the Vineyards of Saratoga and the Saratoga Oaks
Homeowners Associations.
The applicant provided copies of the plans to the existing apartment tenants and reminded them
about their lease agreements. Staff received two (2) forms with comments and eight (8) forms
without comments.
• One tenant was concerned about the density, visitor parking, overflow parking to the shopping
center, and trees.
• Another tenant was concerned about when they would need to vacate the apartment, how much
notice they would be given before development would begin, and if they would receive
relocation money.
The applicant also provided copies of the plans to over 60 of the adjacent property owners. To date,
staff has received three (3) forms with comments and six (6) forms without comments.
• One neighbor, whose property borders the northeastern boundary of the site, was concerned with
privacy, lights shining on to his property from the townhome’s second-story windows and
lampposts, and pedestrian traffic from moving the entrance from the east to the north elevation.
• Another neighbor was concerned that the project would remove or reduce their access to off-site
parking. This neighbor lives in the townhomes to the east.
• Another neighbor (also in the townhomes to the east) was concerned with the width of the new
access road and the inability to either turn left directly onto the new entrance road from
Saratoga-Sunnyvale Road, or to turn left onto Saratoga-Sunnyvale Road from the new road. This
neighbor was also concerned with the availability of off-site parking
The applicant’s response to these concerns are summarized below and provided in a memorandum
dated July 27, 2010 (attachment 8).
In response to the existing apartment tenants, the applicant has indicated that SummerHill will give
notice to each tenant pursuant to the lease terms and assist residents by giving them listings of
nearby apartments; has provided 94 spaces where only 50 are required; has not changed the
proposed density which is below the maximum allowed; and has proposed to plant a number of new
and relocated trees to help screen the project from surrounding properties.
In response to the neighbor along the northeastern boundary, the applicant has agreed to install
shields on all pole lights at the site boundaries in order to minimize any light overspill; move the
entrance and reduce the size of the windows facing north (as shown in Exhibit A); and provide a
6’ fence made of either wood or stucco covered masonry on top of a concrete masonry retaining
wall. In the mean time, the applicant will install green mesh type of material on the existing
chain link fence before the new retaining wall and fence can be installed.
In response to the residents of the townhomes to the east, the applicant has indicated that the entry
driveway off of Saratoga-Sunnyvale Road is part of the original project approvals and not something
SummerHill is proposing to change; the street is 20’ wide per private street standards and that
36
MOD10-0002; 14234 Saratoga-Sunnyvale Road Page 9 of 10
parking is not allowed parallel to the street; and that Summerhill has provided 94 spaces where only
50 are required for resident and Saratoga Creek guest parking.
Furthermore, the April 25, 2007 amended resolution of approval includes the following conditions
which address the neighbor and tenants’ concerns:
COA #3b: All lighting for the project shall be “cut-off” type lighting that will not cast glare on
adjoining properties (Mitigation 2).
COA #20: A privacy fence shall be installed on that portion of the property between the subject
property and the rear property line of 14200 Victor Place. Said fence shall be mutually agreed upon
by both owners and the cost of construction of said fence shall be paid by the applicant. This shall
not include the cost of any new retaining walls. Said fence shall be constructed prior to the start of
any demolition or construction on site.
In response to this condition (and on threat of appeal), on May 23, 2007, the previous applicant
(JSM Enterprises) entered into an agreement with the City and two residents. The agreement
outlines five (5) mitigating measures to neighbor concerns (attachment 4). In summary the
agreement requires a six foot (6’) tall concrete wall along the property boundary adjacent to Victor
Place; a grasscrete strip to act as a non-physical barrier to traffic along the area adjacent to Victor
Place; a four foot (4’) bollard type lightpole near the grasscrete strip; installation of a stop sign and
markings near the entry to the Executive Townhomes; and planting of trees along the fence
bordering the Executive Townhomes. It should be noted that the agreement was not signed by the
neighbor who provided comments for the modified design.
The current applicant is aware of this agreement and it has been included in the Resolution of
Approval.
COA #24: The applicant shall make every effort reasonably possible to assist the residents of the
Brookside Glen apartments in finding new rental housing in Saratoga and neighboring communities.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve the application for Modification of
Building Plans and Development Conditions with required findings and conditions by adopting
the attached Resolution.
ATTACHMENTS:
1. Resolution of Approval - Modification of Building Plans
2. Resolution of Approval – Design Review (4-25-07 Public Hearing as amended)
3. Resolution of Approval – Mitigated Negative Declaration (4-25-07)
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MOD10-0002; 14234 Saratoga-Sunnyvale Road Page 10 of 10
4. Neighbor Agreement Letter (5-23-07)
5. Resolution of Approval – Extension of Tentative Map (9-13-09)
6. Public Hearing Notice and Mailing labels
7. Neighbor Notification forms and correspondence
8. Applicant response to neighbor comments
9. Applicant Arborist Memorandum
10. City Arborist Memorandum
11. Fire Department Report
12. Santa Clara Valley Water District Memorandum
13. Proposed Modifications
14. Green Features
15. Reduced Plans, Exhibit "A”
16. Materials and Color Board, Exhibit “B”
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CITY OF SARATOGA PLANNING COMMISSION
RESOLUTION NO. FOR MODIFICATION OF
BUILDING PLANS AND DEVELOPMENT CONDITIONS
Application # MOD 10-0002 / SummerHill Homes
14234 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 Modification of
Building Plans and Development Conditions granted by Planning Commission Resolution No. 07-
047 adopted April 25, 2007 (Application No. 06-017) for the Townhome Project shown in Exhibit
"A" date stamped August 2, 2010, incorporated by this reference. The applicant is requesting
modifications to an approved plan to construct twenty townhome units. The proposed changes
include eliminating the approved basements, modifying the interior layout, and modifying the
exterior façade and patio areas. The maximum height of the proposed buildings is 30 feet, as
previously approved. The lot size is approximately 2.08 net acres and the site is zoned RM-
3000.The foregoing use will be described as the “Project” in this Resolution.
II. Modification of Building Plans and Development Conditions Requirement
City Code Section 15-80.120(b) requires approval by the Planning Commission for any
modification to plans approved pursuant to Design Review Approval. The 20-unit Townhome
Project was approved pursuant to City Code Section 15-46.020 which requires Design Review
Approval for any new main structure in an R-M district. This Design Review Approval requirement
implements the Saratoga General Plan, including but not limited to: Land Use Goal 13 which
provides that the City shall use the Design Review process to assure that new construction and
major additions thereto are compatible with the site and the adjacent surrounding.
III. Planning Commission Review
On August 11, 2010 the Planning Commission held a duly noticed Public Hearing on the
SummerHill Homes Modification 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
For the initial 20-unit Townhome Project approval. an Initial Study (IS) and a Mitigated Negative
Declaration (MND) were prepared for the Project by the City of Saratoga, pursuant to the
requirements of the California Environmental Quality Act (CEQA, Public Resources Code sections
21000-21177), CEQA Guidelines, and City CEQA requirements. The IS and notice of intent to
adopt a MND were circulated for public review from July 7, 2006 through August 7, 2006 and the
Amended IS and notice of intent to adopt a MND were re-circulated for public review from March
14, 2007 through April 14, 2007. Comments received and responses to comments are included as
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Application No. MOD 10-0002; 14234 Saratoga-Sunnyvale Road
part of the Initial Study and Mitigated Negative Declaration. A Mitigation Monitoring Plan has also
been prepared for this project.
The modifications to the previously approved Townhome Project are minor alterations to previously
established land use limitations and hence the SummerHill Homes Modification Project is
categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines (14 C.C.R. Section 15305 Class 5 of Title 14, Division 6, Chapter 3 (“CEQA
Guidelines”). No exception to that exemption applies. Furthermore, the modifications are exempt
from CEQA pursuant to CEQA Guideline 15061 in that the modifications can be seen with certainty
to have no possibility of having a significant effect on the environment.
V. Design Review Findings
The findings required for issuance of a Design Review Approval pursuant to City Code Section 15-
46.040 are set forth below and the Applicant has previously met the burden of proof to support
making all of those required findings for the approved Townhome Project and also meets such
burden as to the Townhome Project as modified:
(a) Where more than one building or structure will be constructed, the architectural features and
landscaping thereof shall be harmonious. Such features include height, elevations, roofs,
material, color, and appurtenances. This finding can be made in the affirmative. The proposed
townhomes are designed in the Craftsman style of architecture with three distinct yet compatible
facades of similar height. Roof materials, exterior colors, and architectural details are
complimentary throughout the entire project. The development includes a common open space
area which incorporates a cluster of three redwood trees and a pedestrian pathway that connects
to most areas of the site and a pedestrian pathway along Saratoga-Sunnyvale Road.
(b) Where more than one sign will be erected or displayed on the site, the sign shall have a
common or compatible design theme and locational positions and shall be harmonious in
appearance. This finding can be made in the affirmative. All signs on the property will be of
high quality and design and have a unifying theme and appearance.
(c) Landscaping shall integrate and accommodate existing trees and vegetation to be preserved;
it shall make use of water-conserving plants, materials and irrigation systems to the
maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in
natural appearing groups, as opposed to being placed in rows or regularly spaced. This
finding can be made in the affirmative. The site is adjacent to Saratoga Creek and the location of
structural and landscape elements will conform to requirements of the Biotic Study for the
project and the Santa Clara Valley Water District for use of native materials in the landscape.
Most of the existing trees and vegetation will remain along the perimeter of the site. The
applicant is proposing to remove 45 trees including seven (7) oak trees. Where removing
existing native vegetation, it will be replaced with native specimen trees so that the landscape
elements will enhance the existing vegetation of the site.
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Application No. MOD 10-0002; 14234 Saratoga-Sunnyvale Road
(d) Colors of wall and roofing materials shall blend with the natural landscape and be
nonreflective. This finding can be made in the affirmative. Roofing materials are compositional
tile in earthtone colors. Exterior colors include browns, tans, and greens.
(e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as
composition as approved by the Planning Commission. No mechanical equipment shall be
located upon a roof unless it is appropriately screened. This finding can be made in the
affirmative. Roofing materials are composition. No equipment will be located on any roof.
(f) The proposed development shall be compatible in terms of height, bulk, and design with other
structures in the immediate area. This finding can be made in the affirmative. The townhomes
will be compatible with surrounding residences, which includes a mix of older and newer
single-family homes, two-story townhomes and apartments. The project has been designed in a
manner that minimizes the appearance of excessive height and bulk in relation to other
residences in the neighborhood.
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.
MOD 10-0002 (Modification of Planning Commission Design Review approval) is approved
subject to the conditions set forth below.
CONDITIONS OF APPROVAL
A. GENERAL
1. The Planning Commission shall retain continuing jurisdiction over the 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.
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 sections 15-80.120 and/or 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
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).
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Application No. MOD 10-0002; 14234 Saratoga-Sunnyvale Road
4. A Building Permit must be issued and construction commenced within 24 months from the date
of adoption of this Resolution and the Design Review will expire unless extended in accordance
with the City Code.
5. The Project shall at all times be constructed and 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. Previous conditions of approval, mitigation measures. This resolution of approval shall be
considered an amendment to Planning Commission Resolution 07-047 for those changes and
only those changes shown in Exhibit A and Exhibit B date stamped August 2, 2010.Except as
expressly modified in those Exhibits or in these Conditions of Approval, the Conditions of
Approval contained in Planning Commission Resolution No. 07-047 shall remain in full force
and effect and the applicant shall comply with all such previously imposed Conditions of
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Application No. MOD 10-0002; 14234 Saratoga-Sunnyvale Road
Approval and environmental mitigation measures contained in the previously approved
Mitigated Negative Declaration pursuant to Planning Commission resolution No. 07-046R
9. Neighbor Agreement. The applicant/owner shall meet the terms of the agreement, dated May
23, 2007, outlining five (5) mitigating measures to neighbor concerns.
10. 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" and
color board denominated Exhibit “B” date stamped August 2, 2010, incorporated by this
reference. 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 the requisite prior City approval.
11. Governmental entities. All applicable requirements of the State, County, City and other
Governmental entities must be met.
12. Building Department. Applicant shall comply with all building standards including any
improvements necessary to comply with the building code.
13. City Arborist Conditions. Applicant shall comply with all City Arborist Conditions.
14. Fire Agency Conditions. Applicant shall comply with all Fire Agency Conditions.
15. Santa Clara Valley Water District. Applicant shall work with the City Arborist to incorporate
applicable SCVWD standards including Guidelines and Standards for Land Use near Streams
and the letter dated August 3, 2010.
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 11th day of August 2010
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Mary-Lynne Bernald
Chair, Planning Commission
ATTEST:
___________________________________
John F. Livingstone, AICP
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Application No. MOD 10-0002; 14234 Saratoga-Sunnyvale Road
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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