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HomeMy WebLinkAbout12-22-2010 Planning Commission PacketTable of Contents Agenda 2 December 8, 2010 Draft Minutes 4 APPLICATION PDR10-0017 & CUP10-0010 (503-80-003), Thunder Ranch (WT Brooks), 22490 Mt. Eden Road Continuation Memo 6 APPLICATION PSP10-0001 – 12988 Saratoga-Sunnyvale Road Planning Commission Memorandum 7 APPLICATION PDR10-0008, VAR10-0001, GRE10-0002, GEO10-0007 / 21955 Via Regina Planning Commission Memorandum 8 APPLICATION PDR10-0024,CUP09-0026,VAR10-0002/12299 Saratoga-Sunnyvale Road Staff Report 9 Resolution 19 Attachment 3 31 Attachment 4 32 Attachment 5 33 Attachment 6 34 1 CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, December 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, David Reis, Linda Rodgers, Tina K. Walia and Yan Zhao PLEDGE OF ALLEGIANCE MINUTES Action Minutes from the Regular Planning Commission Meeting of December 8, 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 December 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 PDR10-0017 & CUP10-0010 (503-80-003), Thunder Ranch (WT Brooks), 22490 Mt. Eden Road - This item has been continued to a date uncertain. (Cynthia McCormick, Assistant Planner, AICP) 2. APPLICATION PSP10-0001 – 12988 Saratoga-Sunnyvale Road - Design Review for Three New Internally Illuminated Wall Mounted Identification Signs for Union Bank (Christopher Alan Riordan, AICP) 3. APPLICATION PDR10-0008, VAR10-0001, GRE10-0002, GEO10-0007 / 21955 Via Regina - Design Review, Variance, Grading Exception, and Geotechnical Clearance approval to construct a new two-story single-family dwelling with basement and a detached guest house with a total proposed floor area of approximately 8,160 square-feet. (Christopher Alan Riordan, AICP) 2 4. APPLICATION PDR10-0024,CUP09-0026,VAR10-0002/12299 Saratoga-Sunnyvale Road - Design Review, Conditional Use Permit, and Variance for the Expansion of an Existing Mini-Storage Facility Use, Façade Remodel of an Existing Building, and a New Freestanding Sign (Christopher Alan Riordan, AICP) DIRECTORS ITEM COMMISSION ITEMS COMMUNICATIONS ADJOURNMENT TO NEXT MEETING - Wednesday, January 12, 2011 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 December 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 3 CITY OF SARATOGA PLANNING COMMISSION ACTION MINUTES DATE: Wednesday, December 08, 2010 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL Commissioners - Vice-Chair- Douglas Robertson, Joyce Hlava, David Reis, Linda Rodgers, Tina K. Walia and Yan Zhao ABSENT Chair Mary-Lynne Bernald PLEDGE OF ALLEGIANCE MINUTES Action Minutes from the Regular Planning Commission Meeting of November 10, 2010 ORAL COMMUNICATION Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on December 2, 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 APPC10-0002(Lee),13012 Via Escuela - The applicant is appealing the denial of a tree removal permit application TRP10-0319, for the removal of one blue atlas cedar tree (Cedrus atlantica 'Glauca') growing in the back yard of the property next to the fence/wood retaining wall. (Kate Bear, Arborist) (Approved, 6:0) 2. APPLICATION APPC10-0001 (Bogosian, Van Krieken, Clerkin, Rosenus, Darlington, McChesney, Scott, Wingerter, Holt, Katz, Rieken, Hunter)20610 Lomita Avenue - Appeal of Administrative Design Review approval of a new one story single-family home - ADR10-0002 (Christopher Riordan) (Approved, 6:0) 4 3. APPLICATIONS PDR09-0011, ARB09-0017, & GEO09-0007 (Appleby) 14720 Sobey Road - Design Review for a New Two Story Single-Family Residence with an Attached Secondary Dwelling Unit (Christopher Riordan) (Approved, 6:0) DIRECTORS ITEM COMMISSION ITEMS COMMUNICATIONS ADJOURNMENT TO NEXT MEETING – ADJOURN 11:20 PM - Wednesday, December 22, 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 December 2, 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 PLANNING COMMISSION MEMORANDUM TO: Planning Commission FROM: Cynthia McCormick, Assistant Planner MEETING DATE: December 22, 2010 ITEM: PDR10-0017 & CUP10-0010; 22490 Mt. Eden Road This item has been continued to a date uncertain. PROJECT DESCRIPTION: The applicant is requesting design review approval of a proposed addition to an existing home and the removal of five non-native protected trees as part of the project. The applicant is also applying for a conditional use permit (CUP) and associated variation from standards to legalize the structures on the site that exceed the maximum allowable total floor area, site coverage, and height. The existing home and community stable facilities were built prior to the property being annexed in 2006. The community stable facilities will not change and account for most of the variation from standards. The total floor area of the proposed home would be 9,240 square feet. The total floor area of all structures on the site, including the community stable facilities, would be 32,944 square feet. The total proposed lot coverage on the site would be 100,676 square feet. The lot is approximately 35 acres and the site is zoned Hillside Residential (HR). 6 PLANNING COMMISSION MEMORANDUM TO: Planning Commission FROM: Christopher Riordan, AICP, Senior Planner MEETING DATE: December 22, 2010 SUBJECT: Design Review application the installation of three internally illuminated identification signs on the exterior of an existing building at 12230 Saratoga-Sunnyvale Road. The proposed signs would spell “Union Bank” and would include the company logo. All existing signage on the building will be removed. Two of the proposed signs would be approximately 23 square feet in area and the other would be approximately 17 feet in area. This item has been continued to a date uncertain. DESCRIPTION: The applicant requests Planning Commission approval for the installation of three internally illuminated identification signs on the exterior of an existing building. The proposed signs would spell “Union Bank” and would include the company logo. All existing signage on the building will be removed. Two of the proposed signs would be approximately 23 square feet in area and the other would be approximately 17 feet in area. Each of the signs would feature individual channel letters. The letters would include silver colored aluminum returns with blue acrylic used for the sign faces. The logo would have silver colored aluminum returns with a red vinyl used for the sign face. A silver colored plastic trimcap would outline both the letters and the logo. The signs would be internally illuminated with Light Emitting Diodes (LED). 7 PLANNING COMMISSION MEMORANDUM TO: Planning Commission FROM: Christopher Riordan, AICP, Senior Planner MEETING DATE: December 22, 2010 SUBJECT: Design Review application for a proposed 7,425 square foot new two story home and a 735 square foot secondary dwelling unit at 21955 Via Regina with a request for a Variance for the project to exceed the maximum 16,500 square foot site coverage and a grading exception to exceed 1,000 cubic yards. Application #’s PDR10-0008, VAR10-0001, GRE10-0002, & GEO10-0007 This item has been continued to a date certain (January 26, 2011 Planning Commission Meeting) DESCRIPTION: The applicant is requesting Design Review, Variance, Grading Exception, and Geotechnical Clearance approval to construct a new two-story single- family dwelling with basement and a detached guest house with a total proposed floor area of approximately 8,160 square-feet. The Variance would allow the project to exceed the maximum allowable 16,500 square feet lot coverage by 12,322 square feet for total proposed lot coverage of approximately 28,823 square feet. The height of the proposed home is less than 26 feet. The gross lot size is approximately 5.66 acres and the site is zoned HR (Hillside Residential). A study session is being held to review the applicants proposed site plan and variance proposal to exceed the maximum allowable site coverage. 8 REPORT TO THE PLANNING COMMISSION Application No./Location: PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga- Sunnyvale Road Type of Application: Design Review, Conditional Use Permit, and Variance for the Expansion of an Existing Mini-Storage Facility Use, Façade Remodel of an Existing Building, and a New Freestanding Sign Applicant/Owner: Lars Anderson & Associates/Public Storage, Inc. Staff Planner: Christopher Alan Riordan, AICP, Senior Planner______ Date: December 22, 2010 APN: 366-12-072 Department Head: __________ John Livingstone, AICP, Director PUBLIC STORAGE, INC. 12299 SARATOGA-SUNNYVALE ROAD 9 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road EXECUTIVE SUMMARY PROJECT HISTORY: Application filed: 11/12/2009 Application deemed complete: 10/15/2010 Mailing completed: 12/09/2010 Notice published: 12/07/2010 Posting completed: 12/16/2010 PROJECT DESCRIPTION: The project applicant requests approval of a Design Review application, a modification to an existing Conditional Use Permit, and a Variance for signage for the expansion and remodel of the existing “Public Storage” mini-storage facility located at 12299 Saratoga- Sunnyvale Road (hereafter referred to as “the project”). The existing mini-storage facility received Conditional Use Permit (UP-529) approval on March 23, 1983 and Design Review (SDR-1542) approval on August 2, 1983. At that time “mini-storage facilities” were a conditionally permitted use in the CV (Commercial Visitor) zone district. On September 6, 1989, the City Code was modified and “mini- storage facilities” became an expressly prohibited use in all commercial districts (see City Code Section 15-19.020(c)). However, City Code Section 15-19.060 states that any “mini-storage facility” lawfully operating pursuant to a use permit granted prior to September 6, 1989 may continue to operate pursuant to the terms and conditions of such use permit and is to be considered a nonconforming use. The 3.26 acre site includes five independent buildings hereafter referred to as Buildings A through E for a total floor area of 65,023 square feet. Buildings B – E have been in continuous use as mini-storage since 1983. Building A, located adjacent to Saratoga- Sunnyvale Road, was not used for “mini-storage” and instead the front portion has always been used for retail and the rear half of the building was used as a warehouse. Most recently the warehouse was used as a tool and equipment rental center. One of the two retail spaces is vacant and was formerly the retail office for the tool rental center. The other retail space will continue to operate as a beauty salon. The property owner would like to expand the mini-storage facility by converting the Building A warehouse space into individual indoor storage lockers. The rental office and retail center which sells packing and moving supplies is currently located in Building B and would be relocated to the vacant retail space. City Code Section 15-65.100(b) allows for the expansion or intensification of nonconforming uses if the Planning Commission finds that such an expansion would not adversely affect existing or anticipated use in the immediate neighborhood and would not adversely affect surrounding properties or the occupants thereof. Page 2 of 10 10 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road The applicant has applied for Design Review to remodel the front façade of Building A with a more contemporary design that would have a closer resemblance to the architectural designs of adjacent commercial buildings. The existing internally illuminated freestanding sign for Public Storage is located in a landscaped area near the left front corner of Building A. This is a legal nonconforming sign as City Code Section 15-30.100(c) states that free standing signs can only be installed on sites with five or more separate uses. The site would have three separate uses including mini-storage, retail sales of packing and moving supplies, and the beauty shop. Since the freestanding sign would be located on a site with less than five uses, the applicant has applied for a variance to relocate the existing free standing sign to a proposed landscaped area in the parking lot near the front property line. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve the proposed project with required findings and conditions by adopting the attached Resolutions for a Conditional Use Permit to expand the nonconforming mini-storage use, a Design Review application to remodel the front and rear façade of Building A, and a Variance to relocate the existing freestanding sign. Staff is not recommending any permanent conditions of approval. Page 3 of 10 11 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road STAFF ANALYSIS ZONING: C-V (Commercial Visitor) GENERAL PLAN DESIGNATION: CR (Commercial Retail) MEASURE G: Not Applicable PARCEL SIZE: 3.26 acres SLOPE: Level Site GRADING REQUIRED: None ENVIRONMENTAL DETERMINATION: The proposed project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to Section 15303, “New Construction or Conversion of Small Structures,” Class 3 (a) of the Public Resources Code (CEQA) and Section 15311, “Accessory Structures”, Class 11 of the Public Resources Code (CEQA). These exemptions allows for the conversion of existing small structures from one use to another and the construction of on-premise signs. MATERIALS AND COLORS: The roof of Building A would be covered in brown colored barrel metal tiles. The stucco walls of the front façade would be two colors with the roof gables painted white and the front lower portion and the sides of the front painted tan. A cobble stone veneer would be used for the columns and the wainscoting. Both sides and the rear of the building would be painted white with a dark tan stripe at the bottom. The color scheme of the building currently has orange, yellow, and plum colored stripes at the top of the building along both sides and these stripes will be repainted with the same colors. Orange, Yellow, and Plum are the corporate colors for Public Storage. The center roll up door at the rear of the building would be removed and replaced with an automatic sliding door window system. The metal roll-up doors on the rear elevation would be painted with an orange color. The glass storefronts would remain. A colors and materials board is on file with the Community Development Department and will be present at both the site visit and public hearing. Detail Colors and Material Windows Anodized aluminum frame with bronze colored glass to match existing Doors False metal roll-up doors on rear elevation will be orange colored Exterior Material Concrete walls, cobble stone veneer Roof Metal barrel tiles Page 4 of 10 12 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road PROJECT DATA: Commercial Visitor (CV) Zoning Net Site Area: 3.26 acres (142,006 sq. ft.) Proposed Code Requirements Building Coverage (in square feet) Building A Building B Building C Building D Building E Building F Total Area Covered by Structures 7,215 4,540 9,233 20,793 19,235 4,007 65,023 SF (45.8%) Maximum Allowable = 85,203 SF (60%) Floor Area (in square feet) Floor Area Limitations not applicable to the CV Zone District Building A 7,215 Building B 4,540 Building C 9,233 Building D 20,793 Building E 19,235 Building F 4,007 TOTAL Proposed Floor Area 65,023 SF Setbacks (in feet) Front: 80.6 ft 10 ft Rear: 30 30 ft Left Side: 10 10 ft Right Side: 10 10 ft Height Maximum Height = (20 ft.) Lowest Elevation Point: 316 Highest Elevation Point: 316 Average Elevation Point: 316 Proposed Topmost Point: 334 TOTAL Proposed Height 18Ft PARKING DATA: Use Ex. Parking Req. Parking Parking Provided Existing Storage/Warehouse Retail Personal Service TOTAL Parking Spaces 20 spaces 7 spaces 4 Spaces 31 Available Parking Spaces 61 Spaces 5 spaces 4 Spaces 70 Spaces 20 parking spaces provided for storage/warehouse use – no proposed change to existing parking amount. Ten spaces provided/nine required for retail/personal service parking area in front of Building A. Page 5 of 10 13 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road PROJECT DISCUSSION AND SITE CHARACTERISTICS Background and Site Description The project applicant is requesting approval of a Design Review application for façade changes to an existing commercial building, a modification to an existing Conditional Use Permit for expansion of said use, and a Variance for signage for the expansion and remodel of the existing “Public Storage” mini-storage facility located at 12999 Saratoga- Sunnyvale Road. The existing mini-storage facility originally received Conditional Use Permit (UP-529) approval on March 23, 1983 and Design Review (SDR-1542) approval on August 2, 1983. When initially approved, “mini-storage facilities” were a conditionally permitted use in the CV (Commercial Visitor) zoning district. On September 6, 1989, the City Code was modified and “mini-storage facilities” became and expressly permitted use in all commercial zone districts (refer to City Code Section 15-19.020(c)). However, City Code Section 15-19.060 states that any such “mini-storage facility” lawfully operating pursuant to a use permit granted prior to September 6, 1989 may continue to operate pursuant to the terms and conditions of such use permit and is to be considered a legal nonconforming use. A copy of the Conditional Use Permit is included as Attachment #4. The 3.26 acre site includes five separate independent buildings hereafter referred to as Buildings A through E for a total square footage of 65,023 square feet (see Site Plan, Sheet 3 of Attachment #7). Buildings B - E have been in continuous use as mini-storage since 1983. Located in Building B is the existing Public Storage rental office and retail store which sells packaging and moving supplies. Building B also includes a small apartment which is the home of the property manager. Building A, located adjacent to Saratoga-Sunnyvale, was not used for “mini-storage” and instead the front portion has always been used for retail and the rear of the building was used as a warehouse. Most recently the warehouse was occupied by a tool and equipment rental center. One of the two retail spaces is vacant and was formerly the retail office for the tool rental center and the other will continue to operate as a beauty salon. Conditional Use Permit Expansion of Nonconforming Use The property owner would like to expand the existing legal non-conforming mini-storage use by converting the vacant Building “A” warehouse space into 55 individual storage lockers. The smallest locker would be 25 square feet and the largest would be 200 square feet. Access to the storage lockers would be from a new automatic sliding glass door at the rear of the building. The new storage lockers would be similar to those existing in the other buildings. The project would include the relocation of the rental office/retail center from Building B to the currently vacant 1,010 square foot retail space in front of Building A. Page 6 of 10 14 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road Even though mini-storage is a prohibited use in the CV zoning district, City Code Section 15-65.100(b) allows for the expansion or intensification of nonconforming uses if the Planning Commission finds that such an expansion would not adversely affect existing or anticipated uses in the immediate neighborhood and would not adversely affect surrounding properties or the occupants thereof. The findings required to expand a nonconforming use are included in Attachment #1. Design Review Building “A” Façade Remodel As previously mentioned the project would include the relocation of the rental/retail office from its current location in Building “B” to the vacant retail space at the front of Building “A”. To accompany this relocation the property owner would remodel the front façade of Building “A”. This remodel would increase the architectural compatibility with the newer commercial buildings that exist on both sides of the project. These exterior architectural changes would include the removal of the middle glass entrance door (there are a total of three) to be replaced by a new anodized aluminum frame storefront window with bronze colored glass to match the remaining doors. Columns would be constructed on both sides of the existing storefronts and these columns would be covered with a cobblestone veneer. This same cobblestone would be used as wainscot along the lower portion of the front as well as the front portion of the side elevations. The existing roof at the front of Building “A” would be remodeled and the existing roof signage removed. This existing red colored clay tiles would be replaced with a new brown colored metal tile roof with the appearance of barrel tiles. A new front facing roof gables would be constructed over each storefront. New non-illuminated signage would be located on the front of each gable. This signage would be reviewed under a separate design review application. Three metal roll up doors are located on the rear wall of Building A. The new storage lockers would be located inside of Building A so these three access doors would not be necessary. The middle door would be removed and replaced with a new glass storefront with an automatic sliding door. The other two door openings would be removed and filled in with new walls and “dummy” metal doors would be replaced in these areas to maintain a consistent appearance as the other buildings. The metal roll-up doors on the north elevation would be maintained. Parking and Onsite Vehicular Circulation An existing wrought iron entrance gate with a combination keypad located on the south side of Building B provides controlled access to the existing storage locker buildings. A similar gate on the opposite side of Building B is used for exiting. The square footage of the mini- storage warehouse spaces requires 61 parking spaces and twenty painted parking spaces in the controlled area are provided. As stated by the property owner and confirmed by staff during two site visits, the personal storage tenants prefer to park near the entrance of each building or in front of their individual roll-up door so therefore there are more than 61 undesignated parking spaces. Page 7 of 10 15 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road Visitors to the Beauty Shop and the Public Storage Rental/Retail Center would only have access to the existing asphalt parking lot in front of Building A adjacent to Saratoga- Sunnyvale Road. This area is characterized by seven parking stalls near the public sidewalk and four parking stalls (including one accessible space) in front of Building A. Only one of the two existing street trees is alive. The existing Public Storage free standing sign is located in an existing landscaped area near the southeasterly corner of Building A. The project would include a remodel of the front parking area and new landscaping would be provided. This would include the removal of one parking space near the front property line and the construction of a landscaped island with concrete curbing. The interior illuminated freestanding box sign would be relocated to this new landscaped area and installed on a new cobblestone base that would match the stone used on the remodeled façade of Building A. The existing two landscaped areas near the front of Building A would also include new landscaping. All the new landscaping would include five gallon flowering shrubs and groundcovers. The dead street tree that has already been removed would be replaced with a 15 gallon sized White Alder tree. The square footage of both the Public Storage Rental/Retail Center and the Beauty Shop require that nine parking spaces be provided. The remodeled parking lot with ten parking spaces would meet this parking demand. Variance/Free Standing Sign The definition of a free standing sign is a sign affixed to the ground and not attached to a building. As mentioned in the preceding paragraphs the existing five foot tall, 32 square feet, free standing sign for Personal Storage is located near the southwesterly corner of Building A would be relocated to the new landscaped area near the front property line. The existing sign, approved during the initial 1983 Design Review application, is a legal nonconforming sign because freestanding signs in Commercial Districts are only allowed on sites containing five or more separate uses. The sign would lose its legal nonconforming status if it is removed and relocated as proposed. Since the site only has three uses, the beauty shop personal service use, retail sales, and the mini-storage use, a Variance would be required to relocate the existing free standing sign. According to City Code Section 15-70.010, the Planning Commission can grant variances to prevent or lessen practical difficulties and unnecessary physical hardships from a strict or literal interpretation and enforcement of the zoning code. This section goes on to say that a practical difficulty or physical hardship may result from physical conditions on the site or surrounding area or existing street locations or traffic conditions in the immediate vicinity. The location of the existing free standing sign is difficult for persons in passing vehicles to see: • Retail centers are located on both sides of the project site. The parking lots of these centers, as well as the subject site, include parking spaces that are located perpendicular to the front property line. The effect of the vehicles parked in these locations is to screen and reduce the view of the existing sign from passing motorists. Page 8 of 10 16 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road • Screening of the existing sign is caused by landscaping near the sidewalk of the adjacent sites. • The traffic speed limit is 40 mph on Saratoga Sunnyvale Road which decreases the view of the existing sign from passing vehicles. Relocating the existing free standing sign to be adjacent to the front property line would eliminate the visibility factors as enumerated above. Adjacent commercial properties as well as the majority of those in the general area all have free standing signs on sites that have fewer than five separate uses. Saratoga-Sunnyvale Road Gateway Design Guidelines as they relate to the Sign The Saratoga-Sunnyvale Road Gateway Design Guidelines (Guidelines) were adopted by the Saratoga City Council on November 19, 2003. These Guidelines were prepared to guide new development or property re-development in the Saratoga-Sunnyvale Gateway district of which the subject property is a part. The Guidelines do not apply to the architectural modifications as the project does not include new development nor include reconstruction of 50% of the building floor area. The sign is considered to be new development so the Guidelines applicable to Commercial Retail Signage would be applicable to the relocated freestanding sign. The freestanding sign is consistent with the Guidelines in that: • The freestanding signs is placed near the front property line to be visible to passing motorists; • The materials used for the sign base will be of natural materials and be complementary and consistent with the exterior architectural materials of the building; • Landscaping is proposed around the sign to soften its appearance; and • The sign is for a multi-tenant building which allows for an internally illuminated sign with a masonry base that is integrated with site landscaping. Trees Two street trees were located in front of the site. One of the two street trees died and was previously removed. The applicant is proposing to plant a new 15 gallon White Alder tree in the location of the tree that was removed. Neighbor Correspondence The applicant hosted a neighborhood meeting at the project site on November 9, 2010 at 6:30 p.m. To advertise the meeting the applicant sent a notice to all adjacent property owners (see Attachment #5) which included a description of the project and an artist rendering of the remodeled façade of Building A. Available at the meeting were full sized color boards of the proposed project. No neighbors attended the meeting. No public comments, either positive or negative, have been received at the time of the writing of this Staff Report. Page 9 of 10 17 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road Page 10 of 10 STAFF RECOMMENDATION Staffs recommends the Planning Commission find this application exempt from CEQA and approve the application for Design Review, modification to an existing Conditional Use Permit, and a Variance with required findings and conditions by adopting the attached Resolution. ATTACHMENTS: 1. Resolution of Approval for Conditional Use Permit, Design Review, and Variance 2. Project Description, prepared by Applicant 3. Resolution A-883-1 for Design Review (dated August 2nd, 1983) 4. Resolution UP-529-1 for Conditional Use Permit (dated March 23rd, 1983) 5. Neighbor Notification Flyer (prepared by Applicant) 6. Affidavit of Mailing Notices, Public Hearing Notice, Neighbor Notification List 7. Reduced Plans, Exhibit "A". 18 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO: 10-033 FOR APPROVAL OF DESIGN REVIEW, CONDITONAL USE PERMIT, AND VARIANCE Application Numbers: PDR10-0024, VAR10-0002, CUP09-0026 Public Storage: 12299 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 project applicant requests approval of a Design Review application, a modification to an existing Conditional Use Permit, and a Variance for signage for the expansion and remodel of the existing “Public Storage” mini-storage facility located at 12299 Saratoga- Sunnyvale Road (hereafter referred to as “the project”). The existing mini-storage facility received Conditional Use Permit (UP-529) approval on March 23, 1983 and Design Review (SDR-1542) approval on August 2, 1983. At that time “mini-storage facilities” were a conditionally permitted use in the CV (Commercial Visitor) zone district. On September 6, 1989, the City Code was modified and “mini- storage facilities” became an expressly prohibited use in all commercial districts (see City Code Section 15-19.020(c)). However, City Code Section 15-19.060 states that any “mini-storage facility” lawfully operating pursuant to a use permit granted prior to September 6, 1989 may continue to operate pursuant to the terms and conditions of such use permit and is to be considered a nonconforming use. The 3.26 acre site includes five independent buildings hereafter referred to as Buildings A through E for a total floor area of 65,023 square feet. Buildings B – E have been in continuous use as mini-storage since 1983. Building A, located adjacent to Saratoga- Sunnyvale Road, was not used for “mini-storage” and instead the front portion has always been used for retail and the rear half of the building was used as a warehouse. Most recently the warehouse was used as a tool and equipment rental center. One of the two retail spaces is vacant and was formerly the retail office for the tool rental center. The other retail space will continue to operate as a beauty salon. The property owner would like to expand the mini-storage facility by converting the Building A warehouse space into individual indoor storage lockers. The rental office and retail center which sells packing and moving supplies is currently located in Building B and would be relocated to the vacant retail space. City Code Section 15-65.100(b) allows for the expansion or intensification of nonconforming uses if the Planning Commission finds that such an expansion would not adversely affect existing or anticipated use in the immediate neighborhood and would not adversely affect surrounding properties or the occupants thereof. 19 2 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road The applicant has applied for Design Review to remodel the front façade of Building A with a more contemporary design that would have a closer resemblance to the architectural designs of adjacent commercial buildings. The existing internally illuminated freestanding sign for Personal Storage is located in a landscaped area near the left front corner of Building A. This is not a legal sign as City Code Section 15-30.100(c) states that free standing signs can only be installed on sites with five or more separate uses. The site would have three separate uses including mini- storage, retail sales of packing and moving supplies, and the beauty shop. Since the freestanding sign would be located on a site with less than five uses, the applicant has applied for a variance to relocate the existing free standing sign to a proposed landscaped area in the parking lot near the front property line. The foregoing work is described as the “Project” in this Resolution. II. Design Review Requirement City Code Section 15-46.020(a)(3) requires Design Review Approval for any substantial exterior alteration to an existing structure in a Commercial Zone District. This Design Review Approval requirement implements the Saratoga General Plan, including, but not limited to: (1) Land Use Goal 13 which provides that the City shall use the Design Review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings; (2) 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 prior to issuance of permits; and (3) Conservation Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. II. Conditional Use Requirement City Code Section 15-19.060 states that any “mini-storage facility” lawfully operating pursuant to a use permit granted prior to September 6, 1989 may continue to operate pursuant to the terms and conditions of such use permit and is to be considered a nonconforming use. City Code Section 15-65.100(b) allows for the expansion or intensification of nonconforming uses if the Planning Commission finds that such an expansion would not adversely affect existing or anticipated use in the immediate neighborhood and would not adversely affect surrounding properties or the occupants thereof. III. Variance Requirement City Code Section 15-70.010 states that the Planning Commission is empowered to grant variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of Article 15-70 as would result from a strict or literal interpretation and enforcement of certain zoning regulations. 20 3 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road III. Planning Commission Review On December 22, 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 proposed project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to Section 15303, “New Construction or Conversion of Small Structures,” Class 3 (a) of the Public Resources Code (CEQA) and Section 15311, “Accessory Structures”, Class 11 of the Public Resources Code (CEQA). These exemptions allows for the conversion of existing small structures from one use to another and the construction of on-premise signs. V. Design Review Findings The findings required for issuance of a Design Review Approval pursuant to City Code Section Article 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 shall be harmonious. Such features include height, elevations, roofs, material, color, and appurtenance. This finding can be made in the affirmative in that all buildings on the site are existing and no new buildings are proposed. The redesigned roof of Building A will not increase the height of the building. Building A will be painted and the colors will match the other buildings on the site. The new roof gables and modification to the building’s exterior materials with the use of stone and natural paint colors will improve the buildings architectural design compatibility and enhance its visual character when compared to buildings on neighboring sites. (b) Where more than one sign will be erected or displayed on the site, the signs shall have a common or compatible design and locational positions and shall be harmonious in appearance. This finding can be made in the affirmative in that project includes the relocation and installation of one free standing sign. (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 in that landscaping in good condition is to be retained. Proposed new plant varieties are to be drought tolerant. Water conserving drip irrigation is proposed. No plants would be arranged in rows that would cause an unnatural appearance. 21 4 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road (d) Colors of wall and roofing materials shall blend with the natural landscape and be non-reflective. This finding can be made in the affirmative in that roofing materials would include red colored roof tiles and the concrete walls would be tan in color. Both would be non-reflective. Cobble stone brick veneer would be used for the as accents on the columns and wainscoting. All colors would blend with the proposed landscape with the exception of the orange, plum, and yellow stripes that are existing on upper edges of each side of the building and that are not predominantly visible as viewed from the street. (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 in that roofing material is to be metal barrel tiles that would have the appearance of Spanish tiles. No mechanical equipment will be located on the 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 in that the remodeled façade of Building A would update the architectural appearance from a flat sloped roof to one with two gables thereby increasing its aesthetic conformity with buildings on adjacent sites and the immediate area. No changes to height or bulk are proposed. (g) The project minimizes the perception of excessive bulk. This finding can be made in the affirmative in that the architectural changes to the front exterior of Building A will reduce the box like appearance of the existing structure by adding architectural interest such as roof gables, stone covered entrance columns, and stone wainscoting. (h) The project is of compatible bulk and height. This finding can be made in the affirmative in that the proposed main structure will be compatible in terms of bulk and height with other structures in the immediate area in that the proposed architectural modifications to the façade of the building will decrease the buildings bulk thereby making the project more architecturally compatible with other structures in the immediate area. VI. Conditional Use Permit Findings The findings required for issuance of a Conditional Use Permit pursuant to City Code Section Article 15-55.070 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (a) The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the zoning district in which the site is located. This finding can be made in the affirmative in that the City Code Section 15-65.100(b) allows for the expansion of legal nonconforming uses, the mini-storage 22 5 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road facility is appropriately located to provide a personal property storage service which is a convenience to the residents of the City of Saratoga and helps to promote a stable, attractive retail environment. (b) The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. This finding can be made in the affirmative in that the proposed expansion to the mini-storage facility is relatively minor and appropriate conditions have been placed on the Conditional Use Permit application (CUP09-0026) to minimize potential impacts and to ensure compliance with all applicable health and safety codes. (c) The proposed establishment will comply with all applicable provisions of the Saratoga City Code. This finding can be made in the affirmative in that the proposed expansion of the mini-storage facility onto an adjacent building will comply with all CV development standards and applicable provisions of the Saratoga Municipal Code. (d) The proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. This finding can be made in the affirmative in that in that the mini-storage use is existing and the proposed expansion of the mini- storage facility will not adversely affect surrounding properties; the mini-storage use will be expanded into a building that had been previously used as a warehouse and the new storage lockers will not be visible from outside the building, the expanded mini-storage use will not increase lot coverage, decrease setbacks, or increase the height of the existing building. VII. Variance Findings The findings required for granting of a Variance pursuant to City Code Section Article 15- 70.060 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (a) That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulations would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. This finding can be made in the affirmative in that retail centers are located on both sides of the project site. The parking lots of these centers, as well as the subject site, include landscaping and parking spaces that are located perpendicular to the front property line. The effect of the vehicles parked in these locations is to screen and reduce the view of the existing sign from passing motorists. The traffic speed limit is 40 mph on Saratoga Sunnyvale Road which decreases the view of the existing sign 23 6 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road from passing vehicles. A free standing sign is necessary in the proposed location to reduce the visibility problems as discussed above. Property owners on adjacent sites have free standing signs near the front property when less than five uses are present on the site (b) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. This finding can be made in the affirmative in that adjacent property and many of those in the surrounding area have free standing signs with less than five separate uses present on the site. (c) That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the area. This finding can be made in the affirmative in that the building department will review the plans for the proposed sign and issue a building permit when it has been determined that the sign is in conformance with all building codes. (d) If the variance is for any regulation pertaining to sign, the Planning Commission shall also find that the granting of the variance will not introduce a visual element which is inconsistent with the appearance of the immediate surrounding area. This finding can be made in the affirmative in that the free standing sign is existing and would be relocated to the front of the site which would be similar in placement as signs in the immediate surrounding area. IX. 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, the exemption from CEQA is approved, the required findings are made, and Application No. PDR10-0024, CUP09-0026, and VAR10-0002 are approved subject to the conditions set forth below. CONDITIONS OF APPROVAL A. GENERAL 1. ALL CONDITIONS BELOW WHICH ARE IDENTIFIED AS PERMANENT OR FOR WHICH AN ALTERNATIVE PERIOD OF TIME FOR APPLICABILITY IS SPECIFIED SHALL RUN WITH THE LAND AND APPLY TO THE LANDOWNER’S SUCCESSORS IN INTEREST FOR SUCH TIME PERIOD. NO ZONING CLEARANCE, OR DEMOLITION, GRADING, 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 24 7 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road 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 IT’S 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. This Conditional Use Permit supersedes all previous Use Permit Approvals. 6. Any intensification of this use shall require a new Conditional Use Permit. 7. 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. 8. 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. 9. 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. 25 8 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road 10. 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 11. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated December 9, 2010 denominated Exhibit "A" and the Color Board dated December 13, 2010 denominated Exhibit “B. All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with Condition A.3, above. 12. Fences. Fences and walls shall comply with City Code Chapter 15-29. 13. Heating, ventilation, and air conditioning equipment shall comply with City Code Section 15-80.030(l). 14. All building exterior lighting shall be on a timer or motion detector to ensure that the lights do not remain on during the evening when the building is not in use. Prior to building permit issuance, the Applicant shall submit a final exterior lighting plan that complies with Section 15-35.040(i) of the Zoning Ordinance. Specifically, the plan shall indicate that no exterior lighting fixtures shall allow direct light rays to leave the project site, or allow direct light sources (incandescent, fluorescent, or other forms of electric illumination) to be directly visible from off-site locations. The plan shall also show that light levels will not exceed 100 foot lamberts anywhere on the property. The plan shall be subject to review and approval by the Planning Division of the Community Development Department prior to building permit issuance 26 9 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road 15. Front yard landscaping. All landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Director for 150% of the estimated cost of the installation of such landscaping shall be provided to the City. 16. 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; 17. Plumbing. All plumbing fixtures or irrigation systems shall be water conserving and otherwise comply with City Code Section 16-75.030. 18. Noise limitations during construction. The noise level at any point twenty-five feet from the source of noise shall not exceed 83 dBA during commercial construction, and commercial 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. Commercial construction shall be prohibited on weekday holidays. A notice of applicable construction hour restrictions shall be posted conspicuously on site at all times for all exterior commercial construction activity requiring a City permit. 19. Maintenance of Construction Project Sites. Because this Design Review Approval authorizes a project which requires a Building Permit, compliance with City Code Section 16-75.050 governing maintenance of construction project sites is required. 20. 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. 21. Landscape and Irrigation Plan. The Landscape and Irrigation Plan required by City Code Section 15-45.070(a)(9) shall be designed to the maximum extent reasonably feasible to: 27 10 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road a. utilize efficient irrigation (where irrigation is necessary), to eliminate or reduce runoff, to promote surface infiltration, and to minimize use of fertilizers and pesticides that have the potential to contribute to water pollution; b. treat stormwater and irrigation runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolonged exposure to water shall be specified in the Plan, installed and maintained; c. be comprised of pest resistant landscaping plants throughout the landscaped area, especially along any hardscape area; d. be comprised of plant materials selected to be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment; e. protect the roots of Ordinance-protected trees from any proposed or required undergrounding of utilities; f. retain and incorporate existing native trees, shrubs, and ground cover into the Plan; and g. comply with Section 16-75.030 of the City Code to the extent applicable. h. to minimize erosion during construction all slopes within 20 feet of the building pad shall be planted with natural vegetation. This landscaping shall be planted prior to issuance of a building permit and shall remain in place for a minimum of one year after building permit final. 22. 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. This signed and dated Resolution printed onto separate construction plan pages; c. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 23. Staff shall not approve downgrading to the exterior appearance of the approved project. Downgrades may include, but are not limited to doors, roofing materials, architectural detailing, stonework, columns, or similar items. Any exterior changes to approved plans resulting in a downgrade shall require filing an additional application and fees for review by the Planning Commission as a modification to approved plans. Any other exterior changes to the approved plans, which are not deemed a downgrade by staff, shall require approval in compliance with condition A.3 above. 24. Project shall comply with the State of California “Water Efficient Landscape Ordinance” pursuant to State Law AB 1881. 28 11 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road C. PUBLIC WORKS REQUIREMENTS 25. The owner/applicant shall obtain an encroachment permit for all improvements in the public right-of-way prior to commencement of the work. 26. The owner/applicant shall joint the Landscape and Lighting District LLA-1, Gateway Landscape and Lighting Zone 32. The applicant shall submit landscape and irrigation plan to the Public Works Department for review and approval at the time of Encroachment Permit application submittal. As part of the improvements, the owner/applicant shall improve existing unimproved landscape area in the public right- of-way. Installation of all landscape and irrigation is the responsibility of the owner/applicant; future maintenance will be included in the Gateway Landscape and Lighting Zone. 27. Separate permit from Community Development Department shall be obtained for the sign in the public right-of-way prior to Encroachment Permit Issuance. D. FIRE SAFETY OR FIRE AGENCY REQUIREMENTS 28. Fire Agency Conditions. Applicant shall comply with all Fire Agency conditions as specified in Exhibit “C” attached. 29. Fire Hydrants and Water for Fire Flow. Installation of fire hydrants and/or improvements to water delivery systems to ensure adequate fire flow shall be provided as required by the Fire Agency, whether on-site or off-site. PASSED AND ADOPTED by the City of Saratoga Planning Commission this 22nd day of December 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 29 12 PDR10-0024, CUP09-0026, VAR10-0002/12299 Saratoga-Sunnyvale Road 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. __________________________________ ____________________________ Property Owner or Authorized Agent Date 30 31 32 33 34 35 36 37 38 39 40 41 42