HomeMy WebLinkAbout10-27-2010 Planning Commission PacketTable of Contents
Agenda 2
September 22,2010
Action Minutes 4
PDR10-0016; 18628 McFarland Ave
Staff Report 6
Resolution 12
Neighbor Forms 19
Notice 27
Green Points 30
Arborist Report 37
Fire Department 42
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CITY OF SARATOGA PLANNING COMMISSION
AGENDA
DATE: Wednesday, October 27, 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 September 22,2010
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 October 21,2010
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. PDR10-0016; 18628 McFarland Ave - The applicant requests Design Review approval for a new single-
story single-family dwelling with attached garage. The total proposed floor area is 2,958 square-feet and
the height is approximately 21 feet. The lot is 10,000 square feet and the site is zoned R-1-10,000. (Cynthia
McCormick)
DIRECTORS ITEM
COMMISSION ITEMS
COMMUNICATIONS
ADJOURNMENT TO NEXT MEETING
- Wednesday, November 10,2010 at 7:00 p.m. in the Council Chambers/Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
2
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 October
21,2010, 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
ACTION MINUTES
DATE: Wednesday, September 22, 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, Tina K. Walia and Yan
Zhao
ABSENT
Commissioners - David Reis and Linda Rodgers
PLEDGE OF ALLEGIANCE
MINUTES
Action Minutes from the Regular Planning Commission Meeting of September 8, 2010 (Approved, 5:0)
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 September 16, 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 PDR10-0014 (503-21-021) T-Mobile (Sutro Consulting) 13750 Prune Blossom - The
applicant is requesting Design Review approval for a wireless telecommunication antenna on a new wood
utility pole. The new pole will replace an existing pole with an increase in height from 29 feet, eight inches
to approximately 41 feet, six inches (41’6”) maximum. The added height will provide separation from
existing power lines and increase the wireless coverage area. The associated electronic equipment would be
located in a ground mounted cabinet near the pole. The applicant will provide a four foot sidewalk
clearance surrounding the pole. The facility is considered a “micro site” because the antennas and
associated equipment are smaller in size than a standard wireless facility. (Cynthia McCormick)
(Approved, 5:0)
2. APPLICATION PDR10-0010 (517-14-045) Cross/Garcia 20640 Sigal Drive - The applicant is
requesting approval of a Design Review application to construct a 6,341 square foot, approximately 26 feet
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tall, two-story Spanish Eclectic designed single-family home. The existing house on the lot will be
removed. The project will include a deed restricted secondary dwelling unit. (Christopher A. Riordan,
AICP) (Approved, 5:0)
DIRECTORS ITEM
COMMISSION ITEMS
COMMUNICATIONS
ADJOURNMENT TO NEXT MEETING
- Wednesday, October 27, 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 September 16,
2010, at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for
public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us
If you would like to receive the Agenda’s via e-mail, please send your e-mail address to planning@saratoga.ca.us
NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at
www.saratoga.ca.us
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REPORT TO THE
PLANNING COMMISSION
Meeting Date: October 27, 2010
Application No. PDR10-0016
Location / APN: 18628 McFarland Ave / 389-14-027
Type of Application: Design Review for a New Single-Story Residence
Applicant: Gary Kohlsaat
Staff Planner: Cynthia McCormick, Assistant Planner
Department Head:
John Livingstone, AICP
18628 MCFARLAND AVE
Page 1 of 6
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EXECUTIVE SUMMARY
CASE HISTORY:
Application filed: 08/24/10
Application complete: 09/23/10
Notice published: 10/12/10
Mailing completed: 10/07/10
Posting completed: 10/21/10
PROJECT DESCRIPTION:
The applicant requests Design Review approval for a new single-story single-family dwelling with
attached garage. The total proposed floor area is 2,958 square-feet and the height is approximately
21 feet. The lot is 10,000 square feet and the site is zoned R-1-10,000.
City Code Section 15-45.060 states any new single-story structure over eighteen feet in height
requires Design Review approval by the Planning Commission. The proposed home is over 18 feet
and therefore requires Planning Commission review.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission find this application exempt from CEQA and
approve the application for Design Review with required findings and conditions by adopting the
attached Resolution. Staff is not recommending any permanent conditions for this project.
Page 2 of 6
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STAFF ANALYSIS
ZONING: R-1-10,000
GENERAL PLAN DESIGNATION: Medium Density Residential (M-10)
MEASURE G: Not Applicable
PARCEL SIZE: 10,000 square feet
ENVIRONMENTAL DETERMINATION: The single-family residence is Class 3 categorically exempt
from the California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of
Regulations, Chapter 3. Article 19, Section 15303 (“State CEQA Guidelines”). Class 3 exemptions
include the construction of a single-family residence in a residential zone.
MATERIALS AND COLORS: Exterior stucco colors include a blend of light brown colors including
Rockvale, Topiary, and Hidcote Manor. The trim, gutters and wood carriage style garage door
will be painted off-white. The solid wood front door will be stained with a traditional wood grain
color. A colors and materials board is available on file with the Community Development
Department and will be presented at the site visit and public hearing.
Detail Colors and Material
Exterior Rockvale/Topiary/Hidcote Manor stucco blend
Trim Off White Wood
Gutters Off White
Roof Gray-Black Composition Shingles
Front Door Stain Finish Solid Wood
Garage Door Off White wood carriage style
Application No. PDR 09-0016; 18628 McFarland Avenue Page 3 of 6
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PROJECT DATA:
Zoning: R-1-10,000
Net Site Area: 10,000 SF Proposed Code Requirement
Site Coverage
Site Coverage Maximum
= 6,000 SF (60%)
Residence/Garage: 2,947 SF
Porches/ Patio/ Walkways: 1,619 SF
Driveway: 666 SF
TOTAL Site Coverage 5,232 SF (52.3%)
Floor Area
Floor Area Standard
= 3,200 SF Maximum
Residence: 2,459 SF
Covered Porch 11 SF
Garage: 488 SF
TOTAL Floor Area: 2,958 SF
Setbacks First Floor Second Floor First Floor Second Floor
Front: 25’ 0” n/a 25’ n/a
Rear: 35’ 6” 25’
Sides: 10’ 0” 10’
Height
Maximum Height =
26 Feet
Lowest Elevation Point: 97.90
Highest Elevation Point: 98.80
Average Elevation Point: 98.35
Proposed Topmost Point: 119.25 (20 Feet, 11 inches)
Application No. PDR 09-0016; 18628 McFarland Avenue Page 4 of 6
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PROJECT DISCUSSION AND SITE CHARACTERISTICS
Project Description
The applicant requests Design Review approval for a new single-story single-family dwelling with
attached garage. The total proposed floor area is 2,958 square-feet and the height is approximately
21 feet. The lot is 10,000 square feet and the site is zoned R-1-10,000. City Code Section 15-45.060
states any new single-story structure over eighteen feet in height requires Design Review approval
by the Planning Commission. The proposed home is over 18 feet and therefore requires Planning
Commission review.
Architectural Style
The architect has described the proposed home as French Mediterranean in style. The proposed
exterior is a taupe colored smooth stucco finish with clad wood windows and painted wood trim
accents. The roof pitch was designed to be consistent with the proposed style.
Energy Efficiency / Green Strategies
The project includes pre-plumbing for solar hot water heating, pre-wiring for photovoltaic panels
(60% of electrical needs), low VOC paint and finishes, and energy efficient appliances.
Additional information is included in Attachment 4.
Fireplaces
The proposal includes one (1) gas fireplace in the living room.
Trees
No trees are requested for removal. Two Modesto ash trees (#1 and 2) protected by City Code
are potentially impacted by construction. Both trees can be adequately protected with fencing
during construction of the new home. A Tree Protection security deposit in the amount of $4,520
is required (Attachment 5).
Neighbor Correspondence
The applicant received notification letters from seven (7) adjacent neighbors (Attachment 2). Staff
has not received any negative comments as of the writing of this staff report.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission find this application exempt from CEQA and
approve the application for Design Review and Fence Exception with required findings and
conditions by adopting the attached Resolution. The Resolution includes two permanent
conditions of approval.
ATTACHMENTS:
Application No. PDR 09-0016; 18628 McFarland Avenue Page 5 of 6
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Application No. PDR 09-0016; 18628 McFarland Avenue Page 6 of 6
1. Resolution of Approval
2. Neighbor Notification Forms
3. Mailed Notice, Address Labels
4. Green Points Checklist
5. Arborist Report dated 9-23-10
6. Exhibit "A"; Reduced plans dated October 14, 2010
7. Exhibit "B"; Color Board
8. Exhibit "C"; Fire Department Report
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CITY OF SARATOGA PLANNING COMMISSION
RESOLUTION NO. FOR APPROVAL OF DESIGN REVIEW
Application PDR 10-0016
18628 McFarland 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 Design Review
Approval for the Project shown in Exhibit "A" including the Color Board denominated Exhibit “B”
date stamped October 13, 2010 incorporated by this reference. The foregoing work is described as
the “Project” in this Resolution. The project is a new single-story single-family dwelling with
attached garage. The total proposed floor area is 2,999 square-feet and the height is approximately
21 feet. The lot is 10,000 square feet and the site is zoned R-1-10,000.
II. Design Review Requirement
City Code Section 15-45.060 requires Design Review Approval by the Planning Commission for a
single-family main structure over 18 feet in height. This 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 October 27, 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 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 such as a residence.
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Application No. PDR 10-0016; 18628 McFarland Avenue
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:
Finding #1: The project avoids unreasonable interference with views and privacy. The project
meets this finding in that the proposed single-story residence is five feet below the maximum height
and meets all setback requirements. The distance from the home to the rear property line is 35 feet
where only 25 feet is required and the windows facing east and west have been designed to
minimize privacy impacts. Furthermore, the proposed home is located in a similar location as the
existing home to be replaced.
Finding #2: The project preserves the natural landscape. The project meets this finding in that a
minimum amount of grading is required and no trees will be removed. The applicant is required to
implement tree protective measures and post a security deposit to ensure protection of those trees
potentially impacted by construction.
Finding #3: The project preserves native and heritage trees. No heritage trees or native trees exist
on the property.
Finding #4: The project minimizes the perception of excessive bulk. The project meets this
finding in that the proposed architecture is well articulated. Earthtone colors and wood accents help
integrate the home into the natural environment and the bay window facing east helps reduce the
perception of bulk.
Finding #5: The project is of compatible bulk and height. The project meets this finding in that
the proposed height is consistent with other single-story and two-story homes in the neighborhood.
The proposed colors and materials are complimentary to the neighboring residences.
Finding #6: The project uses current grading and erosion control methods. The project meets
this finding in that the proposed site development or grading plan incorporates current grading and
erosion control standards used by the City.
Finding #7: The project follows appropriate design policies and techniques. The project meets
this finding in that the proposed residence will conform to each of the applicable design policies and
techniques set forth in the Residential Design Handbook as required by Section 15-45.055. The
project uses architectural features and colors to reduce bulk and incorporates energy saving devices
into the design.
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. PDR10-0016 for Design Review Approval is approved subject to the
conditions set forth below.
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Application No. PDR 10-0016; 18628 McFarland Avenue
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, or
building permit for this project shall be issued until proof is filed with the city that a certificate
of approval documenting all applicable permanent or other term-specified conditions has been
recorded by the applicant with the Santa Clara County Recorder’s Office in form and content
acceptable 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 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.
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Application No. PDR 10-0016; 18628 McFarland Avenue
8. 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
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 denominated Exhibit "A" and
the Color Board denominated Exhibit “B”, date stamped October 13, 2010, both 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. No
downgrading in the exterior appearance of the approved residence will be approved by staff.
Downgrades may include but are not limited to garage doors, architectural detailing, stonework,
columns, shutters, driveway materials, etc. Proposed changes to the approved plans are subject
to the approval of the Community Development Director and may require review by the
Planning Commission and in accordance with Condition A.3, above.
10. Wood-burning fireplace limitation. A maximum of one wood-burning fireplace is permitted
per habitable structure (e.g., main house). All other fireplaces shall be gas burning.
11. Fences. Fences and walls shall comply with City Code Chapter 15-29, unless otherwise
specified by a fence exception approved by the Planning Commission.
12. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties.
13. Landscape maintenance. Landscaped areas shall be watered, weeded, pruned, fertilized,
sprayed or otherwise maintained by the Owner as may be prescribed by the Community
Development Director;
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Application No. PDR 10-0016; 18628 McFarland Avenue
14. 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.
15. 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 Report printed collectively 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. All additional drawings, plans, maps, reports, and/or materials required by the Building
Division.
16. Construction truck routes. Construction trucks shall only use designated truck routes.
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Application No. PDR 10-0016; 18628 McFarland Avenue
17. Noise limitations during construction. The noise level at any point twenty-five feet from the
source of noise shall not exceed 83 dBA during residential construction, and residential
construction, alteration or repair activities which are authorized by a valid City permit, or do not
require the issuance of a City permit, may be conducted only between the hours of 7:30 A.M.
and 6:00 P.M. Monday through Friday and between the hours of 9:00 A.M. and 5:00 P.M. on
Saturday. Residential construction shall be prohibited on Sunday and weekday holidays, with
the exception of that construction, alteration or repair activities which are authorized by a valid
City permit and which do not exceed fifty percent of the existing main or accessory structure
may be conducted between the hours of 9:00 A.M. and 5:00 P.M. on Sunday and weekday
holidays. A notice of applicable construction hour restrictions shall be posted conspicuously on
site at all times for all exterior residential construction activity requiring a City permit.
C. CITY ARBORIST.
18. Compliance with Tree Regulations and City Arborist Reports. All requirements in the City
Arborist Report dated September 23, 2010 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. Tree Bond. Prior to issuance of any Building Permit or Grading Permit, the Project
Applicant or Owner shall obtain and submit to the Community Development Department a
Tree Bond, or similar funding mechanism satisfactory to the Community Development
Director, in favor of the City, in the amount of $4,520 to guarantee: (1) the maintenance and
preservation of all existing trees except any approved for removal under this Design Review
Approval; and (2) the replacement of any removed trees or rehabilitation of any damaged
trees in a manner satisfactory to the City Arborist. Prior to the City’s inspection for final
approval of the completed Project, the City Arborist shall inspect the site to verify
compliance with all conditions of approval related to trees. The Tree Bond required above
shall be released after the planting of required replacement trees, a site inspection by the
City Arborist finding compliance with all tree-related conditions contained in this
Resolution, and payment of any outstanding City Arborist fees.
D. PUBLIC WORKS
19. Public Works Department. Applicant shall comply with all requirements of the City Public
Works Department.
E. FIRE SAFETY OR FIRE AGENCY REQUIREMENTS
20. Fire Agency Conditions. Applicant shall comply with all Fire Agency conditions.
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Application No. PDR 10-0016; 18628 McFarland Avenue
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 27th day of October
2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Mary-Lynne Bernald
Vice 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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