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HomeMy WebLinkAbout06-14-17 Planning Commission Agenda PacketSaratoga Planning Commission Agenda – Page 1 of 3 SARATOGA PLANNING COMMISSION REGULAR MEETING JUNE 14, 2017 7:00 PM PLANNING COMMISSION REGULAR MEETING Civic Theater | 13777 Fruitvale Avenue, Saratoga CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of May 24, 2017. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the Planning Commission for up to three (3) minutes on matters not on this agenda. This 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. REPORT ON 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. 1. NEW BUSINESS 1.1. Proposed Capital Improvement Projects (CIP) for FY 2017/2018. Recommended Action: Staff recommends the Commission adopt the attached Resolution #17-014 finding the proposed CIP projects conform to the general plan. Staff Report Attachment 1- Memo from Public Works Director Attachment 2-Resolution No. 17-014 Attachment 3-Project Summaries Attachment 4-CIP (Exhibit A) 2. PUBLIC HEARING Applicants and/or their representatives have a total of ten (10) minutes maximum for opening statements. All interested persons may appear and be heard during this meeting regarding the items on this agenda. If items on this agenda are challenged in court, members of the public may be limited to raising only issues raised at the Public Hearing or in written correspondence delivered to the Planning Commission at, or prior to the close of Saratoga Planning Commission Agenda – Page 2 of 3 the Public Hearing. Members of the public may comment on any item for up to three (3) minutes. Applicants and/or their representatives have a total of five (5) minutes maximum for closing statements. 2.1 Application PDR16-0027 & ARB17-0005; 20600 Leonard Road (503-190-083); Dan Li & Chaohuang Zeng – The project applicant is requesting Design Review approval to construct a new single-family home greater than 18 feet in height. The net lot size area is 34,680 square feet and is zoned R -1-12,500. Staff Contact: Christopher Riordan (408) 868-1235 or criordan@saratoga.ca.us. Recommended Action: Adopt Resolution No. 17-007 approving the project subject to conditions of approval as included in Attachment 1. Staff Report - 20600 Leonard Road Attachment 1 - Resolution of Approval for Design Review Attachment 2 - Arborist Report dated December 7, 2016 Attachment 3 - Neighbor Notification Attachment 4 - Elevations from March 8, 2017 Planning Commission meeting Attachment 5 - Site Plan from March 8, 2017 Planning Commission meeting Attachment 6 - Development Plans (Exhibit "A") 2.2 Application PDR15-0022 & ARB16-0049; Paramount Court (Lot 4) (APN 503-82- 006); Paramount Venture LLC – A new two-story house with a two car garage at Paramount Court (Lot 4). The height of the house will not exceed 26 feet. No protected trees on the site will be removed. Planning Commission review is required for a new two story house. Staff Contact: Sandy Baily (408) 868-1225 or sbaily@saratoga.ca.us. Recommended Action: If the Planning Commission finds that their directions have been met, the Commission should adopt Resolution No. 17-016 approving the project subject to recommended conditions of approval. Staff Report - Paramount Court Lot 4 Attachment 1 - Revised Resolution of Approval for Design Review Attachment 2 - Site Plan and Elevations from November 15, 2016 Planning Commission meeting Attachment 3 - Site Plan and Elevations from January 24, 2017 Planning Commission Study Session Attachment 4 - Letter from Adam Gardner, architect, received May 11, 2017 Attachment 5 - Story pole Certification Letter, received May 18, 2017 Attachment 6 - Development Plans received May 15, 2017 (Exhibit "A") Attachment 7 - Letter from Shonna and Doug Larson, neighbor, received June 6, 2017 2.3 Application PDR17-0003/ARB17-0007; 13090 Paramount Court (503-82-029); Lands of Chang – The applicant is requesting approval of a new single story residence greater than 18’ in height (maximum height of 22’) and exceeds 6,000 square feet in floor area. Six (6) protected trees are proposed to be removed. Staff contact: Nicole Johnson (408) 868-1209 or njohnson@saratoga.ca.us Saratoga Planning Commission Agenda – Page 3 of 3 Recommended Action: Adopt Resolution No. 17-015 approving the project subject to conditions of approval as included in Attachment 1. Staff Report Attachment 1- Resolution No. 17-015 Attachment 2-Arborist report Attachment 3-Story Pole certification Attachment 4-Site Development Plans DIRECTOR ITEMS COMMISSION ITEMS ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA I, Janet Costa, Office Specialist III for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission was posted and available for public review on June 8, 2017 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. Signed this 8th day of June 2017 at Saratoga, California. Janet Costa, Office Specialist III In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868-1269. Notification 24 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] You can also sign up to receive email notifications when Commission agendas and minutes have been added to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp. NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us REPORT TO THE PLANNING COMMISSION Meeting Date: June 14, 2017 Application: Finding of General Plan Consistency - CIP Location / APN: Citywide Owner / Applicant: City of Saratoga Staff Planner: Nicole Johnson, Planner II SUMMARY: Five new capital projects are proposed for the Fiscal Year 17-18 Capital Improvement Program (CIP). California Government Code Section 65401 states that the local planning agency should report on the conformity of the CIP with the agency’s general plan. Attachment 4 contains a listing of the proposed projects and the specific general plan policy(s) the project is conforms to. Not all projects have a relationship to specific policies. Staff has reviewed the projects and found that they are not in conflict with general plan policies and a conformity finding can be supported. The environmental determination will be addressed project by project as they are funded for construction. STAFF RECOMMENDATION: Staff recommends the Commission adopt the attached Resolution #17-014 finding the proposed CIP projects conform to the general plan. ATTACHMENTS: 1. Memo from Public Works Director, John Cherbone 2. Resolution No. 17-014 3. Project Summaries 4. Capital Improvement Project List Spreadsheet (Exhibit A) 4 Memo To: Saratoga Planning Commission From: John Cherbone, Public Works Director Date: June 14, 2017 Re: Proposed Capital Improvement Projects for FY 2017/2018 ______________________________________________________________________ I am pleased to transmit to you for your review5 proposed projects in connection to the Fiscal Year 2017/2018 Capital Improvement Plan (CIP) update. The role of the Planning Commission is to determine whether the proposed CIP projects are consistent with the General Plan. The 5 new projects for consideration have been reviewed by the City Council. Attached to this memo is a summary of each project and a spreadsheet (Exhibit A) that lists the applicable City General Plan Goal, Policy, and Implementation Measure. For FY 2016-2017 the proposed projects are generally dedicated to upgrading existing infrastructure (maintenance), improving safety, small upgrades to existing parks, and design. If prior to your meeting you have any questions about this information, please feel free to contact me at 868-1241. Public Works Department Attachment 1  Page 1 5 RESOLUTION NO. 17-014 RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION DETERMINING THAT THE NEW FY 17-18 CIP PROJECTS CONFORM TO THE GENERAL PLAN WHEREAS, California Government Section 65401 requires the local planning agency to report on the conformity of proposed public works with the adopted general plan; and WHEREAS, the Planning Commission reviewed and considered the materials submitted by the Public Works Director which include a listing of each capitol project and the corresponding General Plan Goal and Policy, attached as Exhibit A. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby find that the new Capital Improvement Program projects conform to the Goals and Policies of the City of Saratoga General Plan in that the various improvement projects implement the programs and objectives outlined in the various General Plan Elements. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, on June 14, 2017, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________________ Tina Walia Chair, Planning Commission Attachment 2 6 CITY OF SARATOGA CAPITAL IMPROVEMENT PLAN PARKS AND TRAILS PROGRAM CITYWIDE PROJECTS Project Name Annual Park, Trails, Grounds, & Medians Maintenance & Repairs Project Number 9211-001 Department Public Works Project Manager Kevin Meek Description This project would annually fund infrastructure maintenance and replacements related to parks, trails, grounds, and medians. Location This is a citywide project. Project Background Parks: Parks are maintained by the City of Saratoga Parks Department. Infrastructure includes, but is not limited to, playground equipment, restroom and concessions buildings, fencing, tennis and basketball courts, playfields, drinking fountains, pathways, and parking lots. Trails: Trails are maintained by the City of Saratoga Parks Department. Trail infrastructure includes pathways, signage, irrigation systems, ramps and parking lots. Grounds: Grounds infrastructure is located at properties including the Civic Center, Saratoga- Prospect Center, Library, and Blaney Plaza. Medians: Medians infrastructure includes irrigation systems located at medians throughout the City. Annual maintenance and replacement of infrastructure related to parks, trails, grounds, and medians helps to keep them functioning properly for the enjoyment of Saratoga residents. An annual transfer of $100,000 from the CIP Reserve funds this project. Operating Budget Impacts Staff time costs associated with oversight and implementation of the various projects are incorporated into the operating budget. Attachment 3 7 CITY OF SARATOGA CAPITAL IMPROVEMENT PLAN PARKS AND TRAILS PROGRAM CITYWIDE PROJECTS PROJECT TIMELINE PROJECT COMPONENT TIMELINE DESCRIPTION Project Development Ongoing Prepare project plans and request bids for work contracted out Contract Award Ongoing Award contract Estimated Construction Start Ongoing Construction project begins Estimated Completion Date Ongoing Project is completed ANNUAL PARKS, TRAILS, GROUNDS, AND MEDIANS MAINTENANCE & REPAIRS 9211-001 Prior FY Total Year 2016/17 Funding Project REVENUES Funded Actuals To Date 2017/18 2018/19 2019/20 2020/21 2021/22 Funding CIP PARK FUND AB 8939 Beverage Container 22,059 - 22,059 - - - - - 22,059 CIP Project Reimbursement 64,068 - 64,068 - - - - - 64,068 Transfers In - General Fund 255,000 - 255,000 100,000 - - - - 355,000 Transfers In - Other CIP 17,476 - 17,476 - - - - - 17,476 TOTAL REVENUES 358,603 - 358,603 100,000 - - - - 458,603 FY Total 2016/17 Expended Project EXPENDITURES Actuals To Date 2017/18 2018/19 2019/20 2020/21 2021/22 Expended CIP PARK FUND Site Acquisition & Prep 2,094 - 2,094 - - - - - 2,094 Materials & Supplies 16,001 - 16,001 - - - - - 16,001 Fees & Expenses 50 - 50 - - - - - 50 Construction Expenses 257,533 - 257,533 100,618 - - - - 358,151 Transfers Out 82,305 - 82,305 - - - - - 82,305 TOTAL EXPENDITURES 357,983 - 357,983 100,618 - - - - 458,602 Prior FY Total Year 2016/17 Project Activity Actuals Total 2017/18 2018/19 2019/20 2020/21 2021/22 Activity BEGINNING BALANCE - 618 618 - - - - - Revenues & Transfers In 358,603 - 358,603 100,000 - - - - 458,603 Expenditures & Transfers Out 357,983 - 357,984 100,618 - - - - 458,603 ENDING BALANCE 618 618 618 - - - - - - Budgeted for Fiscal Year Budgeted for Fiscal Year Budgeted for Fiscal Year 8 CITY OF SARATOGA CAPITAL IMPROVEMENT PLAN PARKS AND TRAILS PROGRAM TRAIL PROJECTS Project Name Saratoga Village to Quarry Park Walkway – Design Project Number 9277-004 Department Public Works Project Manager John Cherbone Description This project would fund the design, environmental review and construction of a pedestrian connection from Saratoga Village to Hakone Gardens and Quarry Park. Location This approximate 0.50-mile pedestrian path would be located along the south side of Big Basin Way / Congress Springs Road / Highway 9 beginning at the sidewalk just west of 6th Street and ending at the eastern bridge at Quarry Park. Project Background Developing a pedestrian connection from the Village to Hakone Gardens and Quarry Park will enhance and enliven Saratoga Village, as the project would help to bring foot traffic to the Village, Hakone Gardens and Quarry Park. Pedestrians are currently walking along the highway when the Hakone Gardens parking lot is full and this project will provide a safer path of travel. The path will also serve as a critical starting point for the Saratoga-to-Sea Trail that is part of the Santa Clara County Trail Master Plan. The Saratoga-to-Sea Trail is to begin in Saratoga Village, travel up to Hakone Gardens and Quarry Park, through the existing Sanborn-Skyline and Skyline-to-the-Sea trail systems to the Pacific Ocean. Funding for this project will come from a local match of $120,000 and grants of $2,800,000 from other agencies such as Caltrans, Santa Clara County, and Mid-Peninsula Regional Open Space District or other sources. Operating Budget Impacts Staff time costs associated with engineering and oversight of this project are incorporated into the operating budget. 9 CITY OF SARATOGA CAPITAL IMPROVEMENT PLAN PARKS AND TRAILS PROGRAM TRAIL PROJECTS PROJECT TIMELINE PROJECT COMPONENT TIMELINE DESCRIPTION Environmental Review Begins TBD Environmental Review Ends TBD Begin Design Phase TBD Begin Bid Process TBD Contract Award TBD End Design Phase TBD SARATOGA VILLAGE TO QUARRY PARK WALKWAY - DESIGN 9277-004 Prior FY Total Year 2016/17 Funding Project REVENUES Funded Actuals To Date 2017/18 2018/19 2019/20 2020/21 2021/22 Funding CIP PARK FUND Transfers In - General Fund - - - 50,000 - - - - 50,000 TOTAL REVENUES - - - 50,000 - - - - 50,000 Prior FY Total Year 2016/17 Expended Project EXPENDITURES Expended Actuals To Date 2017/18 2018/19 2019/20 2020/21 2021/22 Expended CIP PARK FUND Construction Expenses - - - 50,000 - - - - 50,000 TOTAL EXPENDITURES - - - 50,000 - - - - 50,000 Prior FY Total Year 2016/17 Project Activity Actuals Total 2017/18 2018/19 2019/20 2020/21 2021/22 Activity CIP PARK FUND BEGINNING BALANCE - - - - - - - Revenues & T/I - - - 50,000 - - - - 50,000 Expenditures & T/O - - - 50,000 - - - - 50,000 ENDING BALANCE - - - - - - - - - Budgeted for Fiscal Year Budgeted for Fiscal Year Budgeted for Fiscal Year 10 CITY OF SARATOGA CAPITAL IMPROVEMENT PLAN STREETS PROGRAM BRIDGE & RETAINING WALL PROJECTS Project Name Annual Retaining Wall Maintenance & Repairs Project Number 9153-003 Department Public Works Project Manager Iveta Harvancik Description This project will fund the maintenance and repairs of city-owned retaining walls. Location This project is located Citywide. Project Background In FY 2014/15, the City Geologist inspected a City-owned retaining wall along a portion of Damon Lane after staff noticed the wall had started to lean downhill towards the roadway. The wall is approximately 40 to 50 years old and located within the public right-of-way on Damon Lane Following inspection, the City Geologist recommended that the wall be replaced as soon as possible due to the high likelihood of failure in the event of a landslide. If the wall fails, damage to the roadway would restrict traffic flow to one lane. Because of the winter storms in FY 2016/17, Council determined that an annual appropriation was necessary in order to address the maintenance and repairs of city-owned retaining walls throughout the City and expanded the scope of this project. An annual $200,000 transfer from the General Fund funds this project. Operating Budget Impacts Engineering and administrative staff time for project management and oversight is incorporated into the operating budget. 11 CITY OF SARATOGA CAPITAL IMPROVEMENT PLAN STREETS PROGRAM BRIDGE & RETAINING WALL PROJECTS PROJECT TIMELINE PROJECT COMPONENT TIMELINE DESCRIPTION Estimated Construction Start Ongoing Estimated Completion Date Ongoing ANNUAL RETAINING WALL MAINTENANCE AND REPAIRS 9153-003 Prior FY Total Year 2016/17 Funded Project REVENUES Funded Actuals To Date 2017/18 2018/19 2019/20 202/210 2021/22 Funding CIP STREET FUND Transfers In - General Fund - 190,000 190,000 200,000 - - - - 390,000 TOTAL - 190,000 190,000 200,000 - - - - 390,000 TOTAL REVENUES - 190,000 190,000 200,000 - - - - 390,000 Prior FY Total Year 2016/17 Expended Project EXPENDITURES Expended Actuals To Date 2017/18 2018/19 2019/20 202/210 2021/22 Expended CIP STREET FUND Consultant/Contract Svs - 40,150 40,150 - - - - - 40,150 Construction Expenses - - - 349,850 - - - - 349,850 TOTAL - 40,150 40,150 349,850 - - - - 390,000 TOTAL EXPENDITURES - 40,150 40,150 349,850 - - - - 390,000 Prior FY Total Year 2016/17 Project Activity Actuals Total 2017/18 2018/19 2019/20 202/210 2021/22 Activity CIP STREET FUND Beginning Balance - 149,850 - - - - - Revenues & T/I - 190,000 190,000 200,000 - - - - 390,000 Expenditures & T/O - 40,150 40,150 349,850 - - - - 390,000 ENDING FUND BALANCE - 149,850 149,850 - - - - - - ENDING BALANCE - 149,850 149,850 - - - - - - Budgeted for Fiscal Year Budgeted for Fiscal Year Budgeted for Fiscal Year 12 CITY OF SARATOGA CAPITAL IMPROVEMENT PLAN STREETS PROGRAM SIDEWALKS, CURBS & STORM DRAINS Project Name Saratoga Village Crosswalk & Sidewalk Rehabilitation Project Number 9142-019 Department Public Works Project Manager Macedonio Nunez Description This project will improve crosswalks and sidewalks in Saratoga Village. Location This project is located in Saratoga Village, between 5th and 6th Streets on Big Basin way. Project Background The Village, Saratoga’s historical downtown, offers a number of shops, restaurants, salons, and office space. The City has been making a number of improvements to the Village to make it more walkable destination. These improvements included installation of pedestrian bulb-outs and enhanced crosswalks to make pedestrians more visible, as well as installation of benches, bike racks, and aesthetic improvements and a renovation of Blaney Plaza that make the Village a more desirable place to gather. This project would continue improvements on Big Basin way at 5th Street and 6th Street. Similar to the first phase of the Village Sidewalk & Pedestrian Enhancements, this project would install bulb outs, enhanced crosswalks, decorative landscaping, and benches near 5th Street and 6th Street. An OBAG grant of $338,000 and City matching funds from the CIP Reserve of $44,000 fund this project. Operating Budget Impacts Costs associated with engineering, administrative and staff time for oversight and implementation of the project are incorporated into the operating budget. 13 CITY OF SARATOGA CAPITAL IMPROVEMENT PLAN STREETS PROGRAM SIDEWALKS, CURBS & STORM DRAINS PROJECT TIMELINE PROJECT COMPONENT TIMELINE DESCRIPTION Design Phase August 2017 Minor revisions to Master Plan, if required Contract Awarded March 2019 Estimated Construction Start May 2019 Estimated Construction End Dec 2019 Project Closeout Feb 2020 SARATOGA VILLAGE CROSSWALK & SIDEWALK REHABILITATION 9142-019 Prior FY Total Year 2016/17 Funded Project REVENUES Funded Actuals To Date 2017/18 2018/19 2019/20 202/210 2021/22 Funding CIP STREET FUND Transfers In - General Fund - - - 44,000 - - - - 44,000 TOTAL STREET FUND - - - 44,000 - - - - 44,000 GRANT FUND Federal - CMAQ Grant - - 338,000 - - - - 338,000 TOTAL GRANT FUND - - - 338,000 - - - - 338,000 TOTAL REVENUES - - - 382,000 - - - - 382,000 Prior FY Total Year 2016/17 Expended Project EXPENDITURES Expended Actuals To Date 2017/18 2018/19 2019/20 202/210 2021/22 Expended CIP STREET FUND Construction Expenses - - - 44,000 - - - - 44,000 TOTAL STREET FUND - - - 44,000 - - - - 44,000 GRANT FUND Construction Expenses - - - 338,000 - - - - 338,000 TOTAL GRANT FUND - - - 338,000 - - - - 338,000 TOTAL EXPENDITURES - - - 382,000 - - - - 382,000 Prior FY Total Year 2016/17 Project Activity Actuals Total 2017/18 2018/19 2019/20 202/210 2021/22 Activity CIP STREET FUND Beginning Balance - - - - - - - - Revenues & T/I - - - 44,000 - - - - 44,000 Expenditures & T/O - - - 44,000 - - - - 44,000 Ending Balance - - - - - - - - - CIP GRANT FUND Beginning Balance - - - - - - - Revenues & T/I - - - 338,000 - - - - 338,000 Expenditures & T/O - - - 338,000 - - - - 338,000 Ending Balance - - - - - - - - - ENDING BALANCE - - - - - - - - - Budgeted for Fiscal Year Budgeted for Fiscal Year Budgeted for Fiscal Year 14 CITY OF SARATOGA CAPITAL IMPROVEMENT PLAN STREETS PROGRAM SIDEWALKS, CURBS & STORM DRAINS Project Name Quito Road Sidewalk Improvements - Design Project Number 9142-020 Department Public Works Project Manager John Cherbone Description This project will fund the design phase of sidewalk improvements on Quito Road. Location This project is located on Quito Road between Highway 85 and Allendale Avenue. Project Background The Traffic Safety Commission (TSC) supports this project. Improvements would include sidewalk gap closures and reconstruction of existing facilities to improve pedestrian safety and access in the area. Operating Budget Impacts Costs associated with engineering, administrative and staff time for oversight and implementation of the project are incorporated into the operating budget. 15 CITY OF SARATOGA CAPITAL IMPROVEMENT PLAN STREETS PROGRAM SIDEWALKS, CURBS & STORM DRAINS PROJECT TIMELINE PROJECT COMPONENT TIMELINE DESCRIPTION Design Phase July 2018 Design Phase completed Contract Award Estimated Start Date Estimated Completion Date QUITO ROAD SIDEWALK IMPROVEMENTS 9142-020 Prior FY Total Year 2016/17 Funded Project REVENUES Funded Actuals To Date 2017/18 2018/19 2019/20 202/210 2021/22 Funding CIP STREET FUND Transfers In - General Fund - - - 50,000 - - - - 50,000 TOTAL REVENUES - - - 50,000 - - - - 50,000 Prior FY Total Year 2016/17 Expended Project EXPENDITURES Expended Actuals To Date 2017/18 2018/19 2019/20 202/210 2021/22 Expended CIP STREET FUND Construction Expenses - - - 50,000 - - - - 50,000 TOTAL EXPENDITURES - - - 50,000 - - - - 50,000 Prior FY Total Year 2016/17 Project Activity Actuals Total 2017/18 2018/19 2019/20 202/210 2021/22 Activity CIP STREET FUND Beginning Balance - - - - - - - - Revenues & T/I - - - 50,000 - - - - 50,000 Expenditures & T/O - - - 50,000 - - - - 50,000 Ending Balance - - - - - - - - - Budgeted for Fiscal Year Budgeted for Fiscal Year Budgeted for Fiscal Year 16 Exhibit "A" Capital Improvement Plan F.Y. 17/18 Update - New Project List NEW CIP PROJECTS LAND USE ELEMENT OPEN SPACE ELEMENT CIRCULATION ELEMENT NOTES STREET PROJECTS GOAL POLICY IMPLEMENTATION GOAL POLICY IMPLEMENTATION GOAL POLICY IMPLEMENTATION Annual Retaining Wall Maintenance and Repairs No General Plan Element Identified 1 Saratoga Village Crosswalk and Sidewalk Rehabilitation 1a, 1b, 5a, 5b 1.1, 1.3, 5.5 2.1, 5.10 2 Saratoga Village to Quarry Walkway - Design 1a, 1b, 5a, 5b 1.1, 1.3, 5.5 2.1, 5.10 2 Quito Road Sidewalk Improvements 1a, 1b, 5a, 5b 1.1, 1.3, 5.5 2.1, 5.10 PARK & TRAIL PROJECTS 4 Annual Parks, Trails, Grounds, and Medians Maintenance and Repairs No General Plan Element Identified 5 GENERAL PLAN CONFORMITY Attachment 4 17 18 19 20 21 22 23 24 25 26 27 REPORT TO THE PLANNING COMMISSION Meeting Date: June 14, 2017 Application: PDR16-0027 & ARB17-0005 Location / APN: 20600 Leonard Road / 503-190-083 Owner/Applicant: Dan Li & Chaohuang Zeng Staff Planner: Christopher Riordan 20600 Leonard Road SITE 28 Page 2 of 7 Summary PROJECT DESCRIPTION: The project applicant is requesting Design Review approval to demolish an existing one-story residence and to construct a new 5,286 square foot, 21 feet tall, one story single-family home which includes and attached accessory dwelling unit. The net lot area is .79 acres or 34,680 square feet. The site is zoned R-1-12,500. STAFF RECOMMENDATION: Adopt Resolution No. 17-007 approving the project subject to conditions of approval. Design Review Approval by the Planning Commission is required because the proposed residence is greater than 18’ in height, pursuant to City Code Section 15-45.060(a) (3). PROJECT DATA: Gross / Net Site Area: 34,680 SF / .79 acres Average Site Slope: 6.1% General Plan Designation: M-12.5 (Medium Density Residential) Zoning: R-1-12,500 Proposed Allowed/Required Proposed Site Coverage Residential Footprint Driveways Walkways/Patios Total 5,400 sq. ft. 3,994 sq. ft. 1,522 sq. ft. 10,916 sq. ft. 20,981 sq. ft. [19,074 sq. ft. + 10% (1,907 sq. ft.) increase for a deed restricted accessory dwelling unit] Floor Area Main House Garage Accessory Dwelling Unit Total 4,000.4 sq. ft. 615 sq. ft. 671 sq. ft. 5,286.4 sq. ft. 5,313 sq. ft. [4,830 sq. ft. + 10% (483 sq. ft.) increase for a deed restricted accessory dwelling unit] Height (Residence) Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: Total 437.5 442.0 439.75 460.75 (21.0 ft.) 26 Feet Setbacks Front Left Right Rear 90’-0” 23’-0” 12’-5” 60’-4” 25’ 10’ 10’ 35’ 29 Page 3 of 7 Proposed Allowed/Required Grading Residential Footprint Driveway Walkways/Patios Total Cut 206 111 81 398 Fill 18 206 0 224 Total 224 317 81 622 No Grading Limitations in the R-1-12,500 zoning district PROJECT DESCRIPTION AND SITE CHARACTERISTICS Background: On March 8, 2017, the Planning Commission (Commission) conducted a public hearing to consider a Design Review application to construct a new two-story single family home on the project site. The Commission received public comments from surrounding neighbors and continued the project to a date uncertain to provide an opportunity for the applicant to evaluate an alternative architectural design to reduce neighborhood impacts including:  Scale and compatibility with neighboring homes;  Privacy impacts on adjacent property owners;  Building height. At an April 25, 2017 study session the applicant provided a revised architectural design for Commission review. The Commission was generally supportive of the modifications which included a one story design, reducing the height of the building to 21 feet and increasing the distance of the front building setback. Site Description: The project site is located at 20600 Leonard Road. Located on site is an existing one story ranch style home with a stucco exterior and wood shake roof. An asphalt driveway provides access to the residence which is setback 110 feet from the street. Front landscaping includes existing fruit trees and a line of Olive trees located along the front property line. Rear yard landscaping includes additional fruit trees, brick patios and walkways, a fountain, and a brick BBQ. The average slope of the site is 6.1% with a 14 foot rise in elevation from front to back. The elevation of the site to the rear (south) is higher than the project site while the elevation of each site to the side, both east and west, are lower. Leonard Road includes a combination of both one and two story residences. A one story home is located on the adjacent site to the left (east) and a two story home is located on the adjacent site to the right (west). Both homes across the street are one story. The project site is at a higher elevation than these homes. The home to the rear located on Debbie Lane is a two story and is at higher elevation than the project site. Eighteen trees protected by City Code are located on site. These include European olives, Pomegranate, Italian Cypress, Apricot, Pear, and Citrus. None of the trees are native trees. Project Description and Architectural Style: The project would include the demolition of an existing one story ranch style home and the proposed construction of a new 5,286 square foot, 21 30 Page 4 of 7 feet tall one story single-family residence with an attached accessory dwelling unit. An attached garage would provide enclosed parking for two vehicles. The applicant has identified the architectural style of the proposed residence as “Mediterranean”. Proposed exterior materials include a concrete barrel tile roof, smooth trowel stucco finish, stone columns, a rear facing balconies with wrought iron railings, recessed front entry, stone veneer along the base of the front elevation and at the entry, and both arched and square shaped aluminum clad wood windows. The residence would include one gas fireplace on the first story located in the Living Room – no wood fireplaces are proposed. Secondary Dwelling Unit: The 671square foot one bedroom attached secondary dwelling unit would be located in the western corner of the building footprint. The secondary dwelling unit would be deed restricted. The Saratoga City Code allows a one-time ten percent increase in site coverage and allowable floor area if an applicant agrees to a deed restriction restricting the rental of a second unit to below market rate (BMR) households. A condition has been added to the project requiring this deed restriction be recorded prior to issuance of a building permit. The provision of the BMR second unit would allow the applicant to construct an additional 483 square feet of floor area on the site above the maximum allowable floor area of 4,830 square feet for a total allowable floor area of 5,313 square feet. In addition, the 19,074 square foot (55%) maximum site coverage would also be increased by ten percent for total allowed site coverage of 20,981 square feet. Projects with secondary dwelling units are required to provide parking for one vehicle within an enclosed garage that is in addition to the required parking for the main residence. The enclosed parking requirement for the second dwelling unit can be waived if it is deed restricted. Landscaping: The project does not include any new front or rear landscaping. The existing driveway will be removed and replaced with a new concrete circular driveway. The existing line of Olive trees and groundcover along the front setback area would be maintained. Materials and Colors: Detail Colors and Materials Exterior Tan Colored Smooth Finish Stucco / Stone Veneer Windows Aluminum Clad Wood Windows Roof Concrete Barrel Tiles Trees: A total of 18 trees protected by City Code were evaluated by the City Arborist. Seven of the protected trees are requested for removal which includes three European Olives, one Pear, two Italian Cypress, and two Lemons. The City Arborist has determined that the trees to be removed are in poor condition or would be adversely impacted by the proposed construction and meet the criteria allowing their removal and replacement as listed in the arborist report. All remaining protected trees in the vicinity of the project will be protected during the duration of the project. 31 Page 5 of 7 Details of the arborist findings and descriptions of the trees to be removed are included in the Arborist report which is included as Attachment #2. Residential Calgreen Measures: The project will meet the minimum CalGreen standards for a new home. A copy of the Residential Calgreen Measures Checklist is included on sheet A-7 of the Development Plans. Neighbor Notification and Correspondence: For the initial project design the applicant mailed Neighbor Notification Forms to six adjacent neighbors and followed up with a personal visit . In response to the input received from adjacent neighbors, building setbacks were increased and existing trees are being maintained. The applicant did review the revised plans with their neighbor and no written comments have been received. A Public Notice was sent by the Community Development Department to property owners within 500 feet of the site. No additional concerns have been brought to the City’s attention as of the writing of this staff report. FINDINGS Design Review Findings - The Planning Commission shall not grant design review approval unless it is able to make the following findings. These findings are in addition to and not a substitute for compliance with all other Zoning Regulations (which constitute the minimum requirements, as provided in City Code Section 15-05.050). 1. Site development follows the natural contours of the site, minimizes grading, and is appropriate given the property’s natural constraints. This finding may be made in the affirmative in that the project minimizes changes to the existing contours of the site. The proposed residence would be located on an area of the site with minimal slope. 2. All protected trees shall be preserved, as provided in Article 15 -50 (Tree Regulations). If constraints exist on the property, the number of protected trees, heritage trees, and native trees approved for removal shall be reduced to an absolute minimum. Removal of any smaller oak trees deemed to be in good health by the City Arborist shall be minimized using the criteria set forth in Section 15-50.080. This finding can be made in the affirmative in that the project has been designed to reduce impacts to a minim um number of protected trees. Seven trees protected by City Code are requested for removal to construct the project. These three European Olives, one Pear, two Italian Cypress, and two Lemons. The City Arborist has determined that the trees to be removed are either dead or in poor condition, or would be adversely impacted by the proposed construction. The City Arborist has determined that the trees to be removed are in poor condition or would be adversely impacted by the proposed construction and meet the criteria allowing their removal and replacement as listed in 32 Page 6 of 7 the arborist report. The remaining protected trees in the vicinity of the project will be preserved and protected during the duration of the project. 3. The height of the structure, its location on the site, and its architectural elements are designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds. This finding can be made in the affirmative in that the 34,680 square foot size of the parcel, the building setbacks from property lines, and existing and proposed vegetation and trees would screen views of both the project from surrounding properties. Because of the building setbacks and the existing vegetation and proposed landscaping would screen the project from the residences on the adjacent sites, there would be no unreasonable impact to the privacy of adjoining properties and to community viewsheds. 4. The overall mass and the height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood. This finding can be made in the affirmative in that the overall design, height, materials, and location of building features will avoid the perception of excessive bulk and the Mediterranean architectural theme of the project and the use of thematic elements for the proposed architectural style helps unify the building façades. The facades of the buildings are well articulated with jogs in the building lines with varying height of roof elements, architectural projections, and rooflines. The elevations are softened by the use of varying materials to include earth toned smooth finished stucco and natural colored stone. 5. The landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape. This finding can be made in the affirmative in that the existing front yard landscaping will be preserved and only a minimum amount of hardscape for the front driveway would be located within the front setback area. 6. Development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy. This finding can be made in the affirmative in that the proposed structures have ample setbacks from buildings on adjacent sites so there would be no shadowing that could impair the ability of adjoining properties to utilize solar energy. The design of the structure would not unreasonably impair opportunities for the utilization of solar energy. 7. The design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055. This finding may be made in the affirmative in that the proposed project conforms to the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views as detailed in the findings above. 8. On hillside lots, the location and the design of the structure avoid unreasonable impacts to ridgelines, significant hillside features, community viewsheds, and is in compliance 33 Page 7 of 7 with Section 15-13.100. This finding is not applicable to the project as the site has an average slope of less than ten percent and therefore is not classified as a hillside lot. Environmental Determination: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. STAFF RECOMMENDATION: Adopt Resolution No. 17-007 approving the project subject to conditions of approval. ATTACHMENTS: 1. Resolution of Approval for Design Review 2. Arborist Report dated December 7, 2016 3. Neighbor Notification 4. Elevations from March 8, 2017 Planning Commission meeting 5. Site Plan from March 8, 2017 Planning Commission meeting 6. Development Plans (Exhibit "A") 34 RESOLUTION NO: 17-007 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING A NEW SINGLE FAMILY RESIDENCE LOCATED AT 20600 LEONARD ROAD WHEREAS, on November 21, 2017, an application was submitted by Dan Li and Chaohuang Zeng requesting Design Review approval to demolish an existing one-story home and to construct a new home with an accessory living unit located at 20600 Leonard Road. The project has a total floor area of 5,286.4 square feet. The height of the proposed residence would be 21 feet. The site is located within the R-1-12,500 zoning district (APN 503-190-083), and WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine this project exempt, and WHEREAS, on March 8, 2017, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City Staff, the applicant, and other interested parties. The Planning Commission continued the project to a date uncertain for the applicant to modify the design of the project, and WHEREAS, on April 25, 2017, the Planning Commission held a Study Session to review the applicants architectural modifications to the design of the project, and WHEREAS, on June 14, 2017, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City Staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. Section 3: The project is consistent with the following Saratoga General Plan Policies: 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; 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; Land Use Element Goal 10 which minimizes the impact of development proposals in hillside areas by requiring visual analyses and imposition of conditions to prevent or reduce significant visual impacts; and Conservation Element Policy 6.0 which provides Attachment 1 35 that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Section 4: The project is consistent with the Saratoga City Code in that the design and improvements are consistent with the design review findings in that the project follows the natural contours of the site, minimizes grading, and is appropriate given the property’s natural constraints; preserves protected trees; is designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds; the mass and height of the structure and its architectural elements are in scale with the structure itself and with the neighborhood; landscaping minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape; does not unreasonably impair the ability of adjoining properties to utilize solar energy; is consistent with the Residential Design Review Handbook; and in the case of hillside lots, avoids unreasonable impacts to ridgelines, significant hillside features, community viewsheds, and is in compliance with Section 15-13-100. Section 5: The project is consistent with the Saratoga City Code in that the removal of seven protected tree meets the criteria established in Section 15-50.080(a). Section 6: The City of Saratoga Planning Commission hereby approves PDR16-0027 and ARB17-0005 located at 20600 Leonard Road subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 14th day of June 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Tina Walia Chair, Planning Commission 36 Exhibit 1 CONDITIONS OF APPROVAL PDR16-0027 and ARB17-0005 20600 Leonard Road (APN 503-190-083) GENERAL 1. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner’s successors in interest for such time period. No zoning clearance, or demolition, grading for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent or other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content to the Community Development Director. 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. 2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this approval is duly executed, 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 City certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 3. 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 City Code incorporated herein by this reference. 4. 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, 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 City Attorney. 37 5. Construction must be commenced within 36 months from the date of this approval (June 14, 2020), or this resolution will expire. COMMUNITY DEVELOPMENT 6. The owner/applicant shall comply with all City requirements regarding drainage, including but not limited to complying with the city approved Stormwater management plan. The project shall retain and/or detain any increase in design flow from the site, that is created by the proposed construction and grading project, such that adjacent down slope properties will not be negatively impacted by any increase in flow. Design must follow the current Santa Clara County Drainage Manual method criteria, as required by the building department. Retention/detention element design must follow the Drainage Manual guidelines, as required by the building department. 7. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans date stamped 25 May 2017. 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 City Code. 8. Prior to issuance of Building Permits, the applicant shall submit for staff approval, a lighting Plan for the home’s exterior and landscaped areas. Proposed exterior lighting shall be limited to full-cut off & shielded fixtures with downward directed illumination so as not to shine on adjacent properties or public right-of-way. All proposed exterior lighting shall be designed to limit illumination to the site and avoid creating glare impacts to surrounding properties. 9. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 10. Prior to issuance of Building Permits the applicant shall prepare for review and approval by City staff a Construction Management Plan for the project which includes but is not limited to the following: a. Proposed construction worker parking area. b. Proposed construction hours that are consistent with City Code. c. Proposed construction/delivery vehicle staging or parking areas. d. Proposed traffic control plan with traffic control measures, any street closure, hours for delivery/earth moving or hauling, etc. To the extent possible, any deliveries, earth moving or hauling activities will be scheduled to avoid peak commute hours. e. Proposed construction material staging/storage areas. f. Location of project construction sign outlining permitted construction work hours, name of project contractor and the contact information for both homeowner and contractor. 11. All fences, walls and hedges shall conform to height requirements provided in City Code Section 15-29. The proposed solid property line fence shall not exceed a height of 6’ with 2’ of lattice. 38 12. This Condition is Permanent: The owner shall record a deed restriction satisfactory to the Community Development Director restricting the rental of the second unit to only households that qualify as low, very-low, or extremely-low income households as those terms are defined in the most recent Santa Clara County Housing and Urban Development Program Income Limits. In the event that the most recent such report is more than five years old, in accordance with the definitions set forth in Health and Safety Code section 50079.5, 50105, and 50106 as those sections exist as of the effective date of this restriction. “Rental” means any agreement whereby the occupant(s) of the second unit make any payment in consideration of said occupancy. ARBORIST 15. All requirements in the City Arborist Report dated February 17, 2017 are hereby adopted as conditions of approval and shall be implemented as part of the approved plans. PUBLIC WORKS 16. Applicant (owner) shall obtain an encroachment permit from the City for any and all improvements in any City right-of-way or City easement prior to commencement of the work to implement this Design Review. 17. Prior to issuance of Zoning approval, the applicant shall submit a site plan and associated calculations for stormwater treatment measures in compliance with NPDES Permit No. CAS612008, November 19, 2015 Provision C.3.i. Required Site Design Measures for Small Projects and Detached Single-Family Home Projects. FIRE DEPARTMENT 18. The owner/applicant shall comply with all Fire Department requirements. BUILDING DEPARTMENT SUBMITTAL 19. 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 City 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. b. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. c. This signed and dated Resolution printed onto separate construction plan pages. d. 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 and elevations comply with the Approved Plans,” which note shall represent a condition which must be satisfied to remain in compliance with this Design Review Approval. 39 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REPORT Application No. ARB17-0005 Prepared by Kate Bear, City Arborist Site: 20600 Leonard Road Phone: (408) 868-1276 Owner: Dan Li and Steve Zeng Email: kbear@saratoga.ca.us APN: 503-19-083 Email: not provided Report History: Final report Date:February 17, 2017 PROJECT SCOPE: The applicant has submitted plans to demolish the existing house and build a new two stor y house with an attached three car garage. Seven trees (1, 2, 8, 9, 10, 17 and 18) are requested for removal to construct the project. STATUS: Approved by City Arborist, with attached conditions. PROJECT DATA IN BRIEF: Tree bond – Required - $7,930 Tree fencing – Required – See Conditions of Approval and attached map. Tree removals – Trees 1, 2, 8, 9, 10, 17 and 18 are approved for removal and replacement once building permits have been issued. Replacement trees – Required = $4,810 ATTACHMENTS: 1 – Findings 2 – Tree Removal Criteria 3 – Tree Information 4 – Conditions of Approval 5 – Map Showing Tree Protection 1 40 20600 Leonard Road Attachment 1 FINDINGS: Tree Removals According to Section 15-50.080 of the City Code, whenever a tree is requested for removal as part of a project, certain findings must be made and specific tree removal criteria met. Seven trees (1, 2, 8, 9, 10, 17 and 18) are in conflict with the proposed work. They meet the City’s criteria allowing them to be removed and replaced as part of the project, once building division permits have been obtained. Attachment 2 contains the tree removal criteria for reference. Table 1: Summary of Tree Removal Criteria that are met Tree No. Species Criteria met 1, 2 Olive 1, 4, 6, 7, 9 8, 9, 10 Flowering pear, Italian cypress 1, 4, 6, 7, 9 17, 18 Citrus 1, 4, 6, 7, 9 New Construction Based on the information provided, and as conditioned, this project complies with the requirements for the setback of new construction from existing trees under Section 15- 50.120 of the City Code. Tree Preservation Plan Section 15-50.140 of the City Code requires a Tree Preservation Plan for this project. To satisfy this requirement the following shall be copied onto a plan sheet and included in the final sets of plans: 1) The submitted arborist report dated October 11, 2016; 2) This report dated February 17, 2017. 2 41 20600 Leonard Road Attachment 2 TREE REMOVAL CRITERIA Criteria that permit the removal of a protected tree are listed below. This information is from Article 15-50.080 of the City Code and is applied to any tree requested for removal as part of the project. If findings are made that meet the criteria listed below, the tree(s) may be approved for removal and replacement during construction. (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services, and whether the tree is a Dead tree or a Fallen tree. (2) The necessit y to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the propert y. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularl y on steep slopes. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beaut y, property values, erosion control, and the general welfare of residents in the area. (5) The age and number of healthy trees the property is able to support according to good forestry practices. (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. (8) Any other information relevant to the public health, safet y, or general welfare and the purposes of this ordinance as set forth in Section 15-50.010 (9) The necessit y to remove the tree for economic or other enjoyment of the propert y when there is no other feasible alternative to the removal. (10) The necessit y to remove the tree for installation and efficient operation of solar panels, subject to the requirements that the tree(s) to be removed, shall not be removed until solar panels have been installed and replacement trees planted in conformance with the City Arborist's recommendation. 3 42 20600 Leonard Road Attachment 3 TREE INFORMATION: Arborist Report reviewed: Preparer: Michael Bench, Consulting Arborist Date of Report: October 11, 2016 An arborist report that inventoried 18 trees protected by Saratoga Cit y Code was submitted for this project. Information on the condition of each tree, suitability for preservation and appraised values was provided. Seven protected trees on site are requested for removal as part of the project. They qualify for removal and replacement with new trees during construction of the new home. Tables summarizing information about each tree follow. Table 2: List of trees from October 11, 2016 arborist report. 4 43 20600 Leonard Road Attachment 3 Table 3: Value assessment of trees from October 11, 2016 arborist report. 5 44 20600 Leonard Road Attachment 3 CONDITIONS OF APPROVAL 1. It is the responsibility of the owner, architect and contractor to be familiar with the information in this report and implement the required conditions. 2. All recommendations in the arborist report dated October 11, 2016 prepared by Michael Bench shall become conditions of approval. 3. The arborist report dated October 11, 2016 shall be copied on to a plan sheet, titled “Tree Preservation” and included in the final job copy set of plans. 4. This report dated February 17, 2017 shall be copied onto a plan sheet and included in the final set of plans. 5. The designated Project Arborist shall be Michael Bench, unless otherwise approved by the City Arborist. 6. Tree Protection Security Deposit a. Is required per City Ordinance 15-50.080. b. Shall be $7,930 for tree(s) 3 – 6 and 14. c. Shall be obtained by the owner and filed with the Community Development Department before obtaining Building Division permits. d. May be in the form of cash, check, credit card payment or a bond. e. Shall remain in place for the duration of construction of the project. f. May be released once the project has been completed, inspected and approved by the City Arborist. 7. Tree Protection Fencing: a. Shall be installed as shown on the attached map. b. Shall be shown on the Site Plan. c. Shall be established prior to the arrival of construction equipment or materials on site. d. Shall be comprised of six-foot high chain link fencing mounted on eight-foot tall, 2-inch diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10 feet apart. e. Shall be posted with signs saying “TREE PROTECTION FENCE - DO NOT MOVE OR REMOVE WITHOUT APPROVAL FROM CITY ARBORIST, KATE BEAR (408) 868-1276”. f. Call City Arborist, Kate Bear at (408) 868-1276 for an inspection of tree protection fencing once it has been installed. This is required prior to obtaining building division permits. g. Tree protection fencing shall remain undisturbed throughout the construction until final inspection. 8. If contractor feels that work must be done inside the fenced area, call City Arborist to arrange a field meeting before performing work. 6 45 20600 Leonard Road Attachment 3 9. No protected tree authorized for removal or encroachment pursuant to this project may be removed or encroached upon until the issuance of the applicable permit from the building division for the approved project. 10. Receipt of a Planning or Building permit does not relieve applicant of his responsibilities for protecting trees per City Code Article 15-50 on all construction work. 11. All construction activities shall be conducted outside tree protection fencing. These activities include, but are not necessarily limited to, the following: demolition, grading, trenching, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation and parking. 12. Trenching to install utilities is not permitted inside tree protection fencing. 13. Roots of protected trees measuring two inches in diameter or more shall not be cut without prior approval of the Project Arborist. Roots measuring less than two inches in diameter may be cut using a sharp pruning tool. 14. Any permitted pruning or root pruning of trees on site shall be performed under the supervision of the Project Arborist and according to ISA standards. 15. Trees 1, 2, 8, 9, 10, 17 and 18 meet the criteria for removal and may be removed and replaced once Building Division permits have been obtained. 16. Trees permitted for removal shall be replaced on or off site according to good forestry practices, and shall provide equivalent value in terms of aesthetic and environmental quality, size, height, location, appearance and other significant beneficial characteristics of the removed trees. The value of the removed trees shall be calculated in accordance with the ISA Guide for Plant Appraisal. 17. New trees equal to $4,810 shall be planted as part of the project before final inspection and occupancy of the new home. New trees may be of any species. Replacement values for new trees are listed below. 15 gallon = $350 24 inch box = $500 36 inch box = $1,500 48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000 18. At least two new trees shall be planted in the front yard. 19. Should any tree be damaged beyond repair, new trees shall be required to replace the tree. If there is insufficient room to plant the necessar y number of new trees, some of the value for trees may be paid into the City’s Tree Fund. 20. At the end of the project, when the contractor wants to remove tree protection fencing and have the tree protection security deposit released by the City, call City Arborist for a final inspection. 7 46 $WWDFKPHQW >P v d v}˙ d W }}v&v ]vP >}v Z } 8 47 CITY OF SARATOGA Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1222 NOTI CE OF PUBLI C HE ARI NG The City of Saratoga’s Planning Commission announces the following public hearing on: Wednesday, the 14th of June, 2017, at 7:00 p.m. The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. A site visit will also be held by the Planning Commission at the subject property. Please contact the Planning Department for the date and time of the site visit. The public hearing agenda item is stated below. Details of this item are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding Friday office closures. APPLICATION: PDR16-0027, ARB17-0005 ADDRESS: 20600 Leonard Road OWNER: Dan Li & Chaohuang Zeng APN: 503-190-083 DESCRIPTION: The project applicant is requesting Design Review approval to construct a new single-family home which exceeds a height of 18 feet. Seven protected trees are requested for removal which includes three European Olives, one Pear, two Italian Cypress, and two Lemons. The net lot area is .79 acres or 34,680 square feet. The site is zoned R-1-12,500.Staff Contact: Christopher Riordan (408) 868-1235 or criordan@saratoga.ca.us. All interested persons may appear and be heard at the above time and place. In order for information to be included in the Planning Commission’s information packets, written communications should be filed on or before Tuesday, June 6, 2017. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor’s office annually, in preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. We encourage you to provide your neighbors with a copy of this notice if you believe that your neighbors would be interested in the project described in this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Christopher Alan Riordan, AICP Senior Planner (408) 868-1235 Attachment 3 48 CITY OF SARATOGA Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1222 This notice was mailed to all property owners within 500 feet of the project site as illustrated on the below map 49 Front Rear Right Left Elevations from March 8, 2017 Meeting Attachment #4 50 sheet revisions A-3 date Dan Li & Chaohuang ZengDan Li & Chaohuang Zeng20600 Leonard Rd Saratoga CA20600 Leonard Rd Saratoga CACONSTRUCTION PLANS FOR:1.10.17These documents are theproperty of Michael Vierhus,Architect and shall not beused or reproduced inanyway without his consent.printed 2/20/2017Michael VierhusAARRCCHHIITTEECCTT408 . 867 . 5808MVARCHITECTEXISTING LANDSCAPING INFRONT YARD AREA TO REMAIN.Site Plan from March 8, 2017 meeting Attachment #5 51 Attachment #6 52 53 54 55 56 57 58 59 60 61 62 63 64 REPORT TO THE PLANNING COMMISSION Page 1 of 7 Meeting Date: June 14, 2017 Application: PDR15-0022 and ARB16-0049 Location / APN: Terminus of Paramount Court – Lot 4 / 503-82-006 Owner/Applicant: Paramount Venture LLC/Mark Garcia Staff Planner: Sandy L. Baily, Special Projects Manager Paramount Ct - Lot 4 65 Page 2 of 7 Summary PROJECT DESCRIPTION: The applicant is requesting approval to construct a new 4,342 square foot two-story residence on a vacant parcel. The structure is 26 feet in height. No trees are proposed for removal. STAFF RECOMMENDATION: If the Planning Commission finds that their directions have been met, the Commission should adopt Resolution No. 17-016 approving the project subject to recommended conditions of approval. Planning Commission Design Review approval is required because the proposed house is two stories and would exceed 18 feet in height (Saratoga Municipal Code Section 15-45.060(a) (1) and (3). PROJECT DATA: Site Area: 20,547 sf net Average Slope: 8% Grading: 60 cubic yards of cut and fill General Plan Designation: M-12.5 (Medium Density Residential) Zoning: R-1-12,500 (Single-Family Residential) Proposed Allowed/Required Site Coverage Main House & Garage Walkways/ Decks/ Patios Other Pervious Driveway Total Site Coverage Front Yard Impervious 3,085 sf 497 sf 0 486 sf (50% of 972 sf) 4,068 sf (19.8%) 568 sf (12.3%) 11,300.3 sf (55%) 2,181.5 sf (50% of 4,363 sf ) Floor Area First Floor Second Floor Garage Enclosed Porches Total Floor Area 2,110 sf 1,673 sf 515 sf 44 sf 4,342 sf 4,518 sf 66 Page 3 of 7 Height Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: 376.58’ 376.58’ 376.58’ 402.58’ (26’) 26 feet maximum Setbacks (Vacant Site) Front: East Side: West Side: Rear: Front: East Side: West Side: Rear: 1st Story 25’ 40’8” 17’7” 29’6” 2nd Story 25’ 40’8” 22’9” 41’2” 1st Story 25’ 10’ 10’ 25’ 2nd Story 25’ 15’ 15’ 35’ BACKGROUND: On November 15, 2016, the Planning Commission considered a Design Review application to construct a new two-story single family house on a vacant parcel located at the terminus of Paramount Ct. The Planning Commission continued the matter to a study sessi on to discuss alternative designs in order to receive additional input to better refine the design of the proposed house and to reduce neighborhood impacts. Following is a summary of the comments made by the Planning Commission.  Highly unlikely a variance request would be supported to shift the house into a required setback.  Bulk and mass at rear elevation is a concern.  Consider moving house further away from rear property line.  Consider moving footprint of house and the second story east towards the biorention basin.  A two story is a possibility depending on the house design and location on the lot. Single story and smaller house was strongly supported.  Front elevation should be redesigned/articulated to look less heavy and too long.  Varied comments regarding the interior courtyard element.  May need to reduce floor area to maintain the interior courtyard.  Varied comments regarding the one car garage. On January 24, 2017 the Planning Commission held a study session to consider an alternate design. Following is a summary of the comments made by the Commission.  Consensus that house is still too big  Reduce house size by a significant amount, not just 100-200 sq. ft.  Remove carport  Commissioners thought there were remaining bulk and mass issues  One commissioner thought bulk and mass is acceptable 67 Page 4 of 7  Idea of one Commissioner to delete/remove loggia (next to den/office) so that building is flush with the upper story  Comments that loggia (next to great room) is on the setback line and is too close to the neighbor  General consensus that proposed loggias appeared awkward, added to bulk  Suggested simplifying loggia on left side of front elevation  Second story balcony facing creek was viewed as acceptable  Commissioner noted that balcony will face creek  Comment that entryway design is a little strange  One commissioner liked the new layout of the house  One suggested modifying angle of the house more to make it more acute (i.e. pivoted more)  If the house is more angled the balcony will be less of an issue  Suggestion by multiple Commissioners to shift house closer to the creek  One Commissioner commented that recreation yard placement is good  General comment that site plan is better  The house is less massive due to elimination of courtyard  Comment to consider evergreen trees along rear lot line The applicant’s architect has submitted a letter to justify how the Study Session directions and comments of the Planning Commission have been met (Attachment 4). Staff has questioned if the direction of the Commission to significantly reduce the square footage of the house has been met. Although the square footage has not been reduced significantly, the applicant has provided justification that the mass and bulk has been reduced which they believe meets the intent of the Commission’s direction. A neighbor has submitted a letter expressing concerns that the directions of the Commission have not been met (Attachment 7). Please note that in regards to the comment regarding tree screening along the rear property line, there is an existing 15 foot sanitary sewer easement along the rear property and trees cannot be planted in this area. Following is a table comparing the square footages and height of the original plans (Attachment 2), the study session plans (Attachment 3) and the current plans (Attachment 6) reviewed by the Planning Commission. Total Living Area Total Area Max Height Original Plans 3,681 sq ft 4,496 sq ft 25 ft 7 in Study Session Plans 3,952 sq ft 4,436 sq ft 24 ft 6 in Current Plans 3,783 sq ft 4,342 sq ft 26 ft PROJECT DESCRIPTION/DISCUSSION DESIGN REVIEW Site and Neighborhood Description: The 20,546 net square foot property (Lot 4) is located and accessed at the terminus of the newly extended Paramount Court. A 60 foot wide open space/riparian habitat easement exists on both sides of Rodeo Creek (a seasonal creek), which is located near the east property line, as measured from its centerline. The location of this easement is best illustrated on 68 Page 5 of 7 Sheet C1 of Attachment 5. As required by the original subdivision approval, no new improvements with the exception of open wire fencing with spacing between the wires of at least four inches are allowed to be constructed within this easement. The proposed plans comply with this requirement. A recorded deed restriction will be required as a condition of approval to ensure that future owners are aware of this requirement. As part of the subdivision improvements, a biorention basin has been installed on the subject parcel, north of the proposed house. The residential neighborhood on Paramount Court and Drive include single story and two story houses with various elements, materials and architectural styles that include ranch, contemporary and Mediterranean. There are approximately ten single story houses and five two story houses existing on Paramount Court. There are approximately 17 single story houses and 11 two story houses existing on Paramount Drive. The houses surrounding the subdivision are one and two story structures that are of also various architectural styles which include ranch, contemporary and modern. Of the five houses recently approved in the subdivision three are two story houses and two are single story houses. Architectural Design: The applicant is proposing a two-story Mediterranean designed house with a two car garage facing the street. The architecture is compatible with the surrounding neighborhood and all of the houses proposed and approved on Lots 1 through 7. The houses proposed within the subdivision are all of similar architectural style with varied architectural elements. The height of the house will be 26 feet in height. The exterior materials include stucco exterior, stucco and wood trim, decorative tile, and a concrete “s” tile roof. A second story deck is proposed off the master bedroom which is at the front and side (east) elevation. A gas fireplace is proposed. Trees: Lot 4 contains eight trees, all of which will remain. Numerous trees exist to the north and south of Lot 4 which have driplines extending into Lot 4. Some tree trimming will be required at the rear of Lot 4 to accommodate the proposed house. The City Arborist has reviewed the proposal and has recommended conditions of approval to ensure that the existing trees will not be impacted by the construction. The applicant is required to place a tree bond of $31,465 and to install tree protection fencing prior to the issuance of building permits. Landscaping: Six new 24 inch box trees are required to be planted on the site. The landscape plan indicates six mitigation trees are required to be planted but the planting legend indicates only five trees to be planted. A condition of approval has been added to ensure a total of six trees will be planted. The proposed trees will consist of a Marina Strawberry Tree, Chinese Pistache, California Sycamore, and Valley Oaks. Additional shrubs and varied ground cover are also proposed. A condition of approval requires that the applicant shall demonstrate compliance with the Water Efficient Landscape Ordinance when the application is submitted to the Building Department. A Detail Colors and Materials Exterior Tan (Stucco) Trim Brown/Dark Tan/Olive/Rust (Stucco and Wood) Roof Blend of various shades of brown (concrete tile) 69 Page 6 of 7 deed restriction will be required as a condition of approval that only native non-invasive plant species are permitted within the open space/riparian habitat easement. CalGreen Standards/Sustainable Features: The project will meet the minimum CalGreen standards for a new house. FINDINGS Design Review Findings: The Planning Commission may grant Design Review approval pursuant to City Code Article 15-45, if the Planning Commission makes all of the following findings: (a) Site development follows the natural contours of the site, minimizes grading, and is appropriate given the property’s natural constraints. Although the site’s topography has been changed by the installation of the public improvements, such as required streets and utilities, the project meets this finding because the residence proposed is located in the center on a relatively flat portion of the lot, outside of the riparian setback. (b) All protected trees shall be preserved, as provided in Article 15-50 (Tree Regulations). If constraints exist on the property, the number of protected trees, heritage trees, and native trees approved for removal shall be reduced to an absolute minimum. Rem oval of any smaller oak trees deemed to be in good health by the City Arborist shall be minimized using the criteria set forth in Section 15-50.080. The project meets this finding in that the applicant has designed the project so that all trees on the lot will be saved. The City Arborist has reviewed the proposal and has recommended conditions of approval to ensure that the existing trees on Lot 4 and the trees on the adjacent lots, which have driplines extending onto Lot 4, will not be impacted by the construction. (c) The height of the structure, its location on the site, and its architectural elements are designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds. The project meets this finding because the structure is located in the middle of the buildable portion of the new lot. Trees are located along the south and east property lines which help buffer the site. The rear setback on the second floor has been increased beyond the minimum required and has been designed with small windows on the second floor on the wall which is nearest the rear property line. The proposed first floor of the residence is approximately 60 feet away from the house at the rear and approximately 73 feet from the second floor. The project does not impact any identified community viewsheds. (d) The overall mass and the height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood. The project meets this finding because the proposed home features a first and second story that is stepped back to help reduce the visual perception of mass and incorporates architectural features. The house has a horizontal design with simple roof forms which is sympathetic to the neighborhood. The architectural elements and details have been broken into varied forms which are proportional with the 70 Page 7 of 7 proposed house and other houses existing in the neighborhood and those approved within the subdivision. The residential neighborhood includes both single story and two story homes. (e) The landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape. The project meets this finding because impermeable hardscape surfaces constitute less than 50% of the front setback area. A permeable driveway is proposed in the front setback area. (f) Development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy. The project meets this finding because the proposed location and house design would not impact solar access for adjacent properties. The distance between adjacent structures is sufficient to allow solar access. In addition, existing trees on the subject and adjacent parcels currently shadow the properties. (g) The design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055. The project meets this finding because the building design and site plan incorporate several techniques from the Residential Design Handbook, including increasing side and rear yard setbacks of a two story structure; designing appurtenances in proportion to the overall building form and neighborhood; minimizing the size of the second story windows closest to the rear property line; and selecting materials, colors, and details that enhance the architecture in a well-composed, understated manner. (h) On hillside lots, the location and the design of the structure avoid unreas onable impacts to ridgelines, significant hillside features, community viewsheds, and is in compliance with Section 15-13.100. The finding is not applicable as the site is not a hillside lot. Environmental Determination: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures” of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. ATTACHMENTS: 1. Revised Resolution of Approval for Design Review 2. Site Plan and Elevations from November 15, 2016 Planning Commission meeting 3. Site Plan and Elevations from January 24, 2017 Planning Commission Study Session 4. Letter from Adam Gardner, architect, received May 11, 2017 5. Story pole Certification Letter, received May 18, 2017 6. Development Plans received May 15, 2017 (Exhibit "A") 7. Letter from Shonna and Doug Larson, neighbor, received June 6, 2017 71 RESOLUTION NO. 17-016 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION FOR DESIGN REVIEW NO. PDR15-0022 AND ARB16-0049 APPROVING THE CONSTRUCTION OF A NEW TWO-STORY RESIDENCE ON A VACANT LOT AT THE TERMINUS OF PARAMOUNT COURT – LOT 4 (503-82-006) WHEREAS, an application was submitted by Mark Garcia to construct a new 26 foot tall, 4,342 square foot two-story residence on a vacant parcel located at the terminus of Paramount Court (Lot 4). Design Review approval is required because the proposed residence is a new two- story structure over eighteen feet in height. The foregoing work is described as the “Project” in this Resolution. WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine this project exempt. WHEREAS, on November 9, 2016 and June 14, 2017 the Planning Commission held a duly noticed public hearing and a study session on January 24, 2017 on the subject application and considered evidence presented by City Staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures” of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. Section 3: The project is consistent with the following Saratoga General Plan Policies: 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; 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; and 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. Section 4: The project is consistent with the Saratoga City Code in that the design and improvements are consistent with the design review findings in that the project follows the natural contours of the site, minimizes grading, and is appropriate given the property’s natural constraints; preserves protected trees; is designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds; the mass and height of the structure and its architectural Attachment 1 72 elements are in scale with the structure itself and with the neighborhood; landscaping minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape; does not unreasonably impair the ability of adjoining properties to utilize solar energy; and is consistent with the Residential Design Review Handbook. Section 5: The City of Saratoga Planning Commission hereby approves PDR15-0022 and ARB16-0049, located at the terminus of Paramount Court – Lot 4 (503-82-006), subject to the above Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission this 14th day of June 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Tina Walia Chair, Planning Commission 73 EXHIBIT 1 CONDITIONS OF APPROVAL PDR15-0022 AND ARB16-0049 TERMINUS OF PARAMOUNT COURT – LOT 4 (503-82-006) 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, or grading 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 to the satisfaction of the Community Development Director. 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. 2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this approval is duly executed, 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 City certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 3. 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. 4. 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. 74 In addition, prior to any Zoning Clearance, 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 City Attorney. 5. Construction must be commenced within 36 months from the date of this approval (June 14, 2020), or the resolution will expire. COMMUNITY DEVELOPMENT 6. The owner/applicant shall comply with all City requirements regarding drainage, including but not limited to complying with the city approved Stormwater management plan. The project shall retain and/or detain any increase in design flow from the site, that is created by the proposed construction and grading project, such that adjacent down slope properties will not be negatively impacted by any increase in flow. Design must follow the current Santa Clara County Drainage Manual method criteria, as required by the building department. Retention/detention element design must follow the Drainage Manual guidelines, as required by the building department. 7. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated May 15, 2017 denominated Exhibit "A". 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 City Code. 8. 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 City 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. 6 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 of any Ordinance-protected tree on the site; c. Incorporate this complete and signed Design Review Approval Resolution int o the submitted building plan sets. The resolution is valid only when it includes all the required signatures; d. A final utility plan that shows location of HVAC mechanical equipment outside of required setback areas; e. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined with the above-required Stormwater Detention Plan; f. A final Landscape and Irrigation Plan; and g. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 9. Prior to issuance of Building Permits, the applicant shall submit for staff approval, a lighting Plan for the home’s exterior and landscaped areas. Proposed exterior lighting shall be limited 75 to full-cut off & shielded fixtures with downward directed illumination so as not to shine on adjacent properties or public right-of-way. All proposed exterior lighting shall be designed to limit illumination to the site and avoid creating glare impacts to surrounding properties. 10. Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks are per the approved plans. 11. The final landscaping and irrigation plan shall take into account the following: a. To the extent feasible, landscaping shall be designed and operated to treat storm water 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 prolong exposure to water shall be specified. b. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. c. Plant materials selected shall 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. d. Any proposed or required under grounding of utilities shall take into account potential damage to roots of protected trees. e. Sufficient documentation to show how the project complies with applicable Water Efficient Landscape Ordinance (WELO) requirements including the payment of deposit fees for the review submitted plans and water budget/usage calculations. f. Landscaping within the open space/riparian habitat easement shall only be native/non- invasive plants species. 12. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 13. Landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Department valued at 150% of the estimated cost of the installation of such landscaping shall be provided to the City. 14. Prior to issuance of Building Permits the applicant shall prepare for review and approval by City staff a Construction Management Plan for the project which includes but is not limited to the following: a. Proposed construction worker parking area. b. Proposed construction hours that are consistent with City Code. c. Proposed construction/delivery vehicle staging or parking areas. d. Proposed traffic control plan with traffic control measures, any street closure, hours for delivery/earth moving or hauling, etc. To the extent possible, any deliveries, earth moving or hauling activities will be scheduled to avoid peak commute hours. e. Proposed construction material staging/storage areas. 76 f. Location of project construction sign outlining permitted construction work hours, name of project contractor and the contact information for both homeowner and contractor. 15. This Condition is Permanent: A deed restriction shall be prepared by City staff and shall be recorded by the applicant at their cost, prior to issuance of a building permit to ensure current and future property owners are aware that the open space/riparian habitat easement area is required to be maintained as open space. No new improvements with the exception of open wire fencing with spacing between the wires of at least four inches are allowed to be constructed within the open space easement. The deed restriction shall also include that landscaping within the easement shall only be native/non-invasive plants species. 16. All fences, walls and hedges shall conform to height requirements provided in City Code Section 15-29. A new rear property line fence with two feet of lattice is not required unless the property owner to the rear, at 13169 Stewart Ct, agrees to have the fence installed. 17. Six new 24 inch box trees are required to be planted on the site and shall be shown on the final landscape plan and the plant legend. FIRE DEPARTMENT 18. Review of this Developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Therefore, additional fire requirements may be required during the Building Permit plan check process. 19. An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings as follows: In all new one- and two-family dwellings and in existing one- and two-family dwellings when additions are made that increase the building area to more than 3,600 square feet. Exception: A one-time addition to an existing building that does not total more than 1,000 square feet of building area. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CRC Sec. 313.2 as adopted and amended by SMC. 20. Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the 77 water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2010 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 21. Provide an approved Early Warning Fire Alarm System throughout all portions of the structure, installed per City of Saratoga Standards. Prior to installation, a licensed C-10 contractor shall submit to the fire department, plans, specifications & listings, a completed permit application, and applicable fee's for review and approval. Where a proposed development does not require any form of permit or approval to be granted under the Subdivision Ordinance or the Zoning Ordinance, installation of an early warning fire alarm system in accordance with the provisions of Article 16-20 of the Saratoga Municipal Code shall be required as a condition for the granting of any building or other permit under Chapter 16 of the Saratoga Municipal Code in each of the following cases: All new and when expanded by fifty percent or more, existing residential occupancies, commercial structures and community facilities located within a designated Wildland-Urban Interface Fire Area. SMC Art.16-60. 22. All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 23. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1 CITY ARBORIST 15. All recommendations of the Arborist Report dated September 22, 2016 are hereby adopted as conditions of approval and shall be implemented as part of the approved plans. PUBLIC WORKS 24. The owner (applicant) shall pay all applicable fees prior to Zone Clearance. 25. Applicant (owner) shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement prior to commencement of the work to implement this Design Review. 26. Show all subdivision improvements per approved Subdivision Improvement Plans on the building plan set. 27. All new utility connections shall be installed underground. 78 28. Prior to issuance of a building permit, submittals shall be provided for materials used for permeable driveways and walkways to justify that the materials will be pervious when installed. Submittals include drainrock, bedding, jointing aggregate gradation, geotextile fabric documentation and permeable interlocking pavers documentation. 29. All materials delivered to the site for the permeable driveways and walkways shall be stored on a hard surface or on geotextile. 30. The developer/owner is responsible to protect the permeable driveway areas during and after the paver installation. No loose material shall be stored on the finished driveways without protection of driveways. The developer/owner shall protect driveways from stormwater runoff with sediment. A sign shall be posted near each permeable driveway to protect the surface during construction and the new homeowner shall be informed about the long-term driveway protection. 31. Incorporate complete and signed Resolution No. 14-017 approving the Subdivision Application SUB13-0003 into the building plan set. 79 Attachment 2 80 81 Attachment 3 82 83 Attachment 4 84 85 86 Attachment 5 87 Attachment 6 88 SARATOGA ESTATES SARATOGA, CALIFORNIA MHG Builder & Consulting, Inc. Proposed Residence - Lot 4 * Approved LOT 1*LOT 2* LOT 3* LOT 4LOT 5* LOT 6 LOT 7 LOT 1 LOT 5 LOT 4 LOT 3 LOT 2 Paramount Drive Paramount Court 2015180 2015180 - Saratgoa Estates Lot 4 - Saratoga, CAA1 May 02, 2017 A1.1 89 SARATOGA ESTATES SARATOGA, CALIFORNIA MHG Builder & Consulting, Inc. Neighborhood Context Map SCALE = 1:80 LOT 6 Paramount DriveParamount Court LOT 7 LOT 1 LOT 5 LOT 4 LOT 3 LOT 2 13156 Paramount Dr.*13158 Stewart Ct.*13169 Stewart Ct.* 20651 Rice Ct.*20673 Rice Ct.* 13194 Pierce Rd.* 13190 Pierce Rd.** 13180 Pierce Rd.** 13160 Pierce Rd.*13095 Paramount Ct.*13090 Paramount Ct.*13060 Paramount Ct.* 13075 Brandywine Dr.* 18175 Rodeo Creek Hollow* 18150 Rodeo Creek Hollow* Approximate window location Note:Neighbor footprints and distances are approximated. * Images taken from Google Maps/Street View ** WHA Photos±93’±55’±170’±150’±60’±53’±75’ SEE SHEET A3 FOR SECTION 2015180 2015180 - Saratgoa Estates Lot 4 - Saratoga, CAA2 May 02, 2017 A1.2 90 LIVING ROOM 10'-0" CLG.15'-7" x 17'-1" LOGGIA 8'-0" x 16'-6" ENTRY 10'-0" CLG. 2-CAR GARAGE GUEST SUITE 10'-0" CLG.12'-5" x 13'-3" GUESTBATH 10'-0" CLG. KITCHEN 10'-0" CLG.15'-9" x 10'-11" DINING 10'-0" CLG.12-6" x 14'-2" GREAT ROOM 13'-0" CLG.18'-7" x 12'-10" UP WINE 10'-0" CLG. LOGGIA 12'-0" x 11'-6" PANTRY SERVE 10'-0" CLG. NOOK 10'-0" CLG.8'-10" x 14'-8" PWDR. SLOPED CLG. B A3 B A3AA3AA312'-0"21'-0"13'-6"19'-3"22'-3"±9'-0"±64'-0"2'-2" ±77'-0" 24'-0" 8'-0" ±16'-3 1 2 "14'-0" ±38'-3 1 2 "8'-0" ±16'-3 1 2 "±6'-6"16' -6 "8' -2 "2' -0 " ±30'-9"27' -8 " ±34'-112" 19'-6"±22'-4"12'-2"2'-0"±15'-212"±29'-412"1' -0 " ±10'-112" BDRM. 2 10'-0" CLG.12'-0" x 14'-0" OWNER BATH 11'-0" CLG.DNBATH 2 10'-0" CLG. SERVICE 10'-0" CLG. DECK 10'-0" CLG. OWNERBDRM. 10'-0" CLG. 15'-7" x 14'-9" W.I.C. 10'-0" CLG.36.5 LF BDRM. 3 10'-0" CLG.10'-4" x 11'-11" BDRM. 4 10'-0" CLG.11'-8" x 10'-8" BATH 3 10'-0" CLG. HALL 10'-0" CLG. 19'-6"7'-0"12'-0"14'-0"2'-6"19'-6"B A3 B A3AA3AA3±32'-3"12'-0"7'-0"±9'-0"±64'-0"4'-2" ±77'-0" 4'-2"±28'-0" 8'-0" ±16'-3 1 2 "14'-0" ±3'-4 1 2 "±41'-8"12'-0"14'-6"8'-0" 2'-0" 14'-3 1 2 "14'-0"16' -6 "2' -0 "6' -2 "3' -0 " 38'-3 1 2 "±2'-0"27' -8 " ±32'-2"26'-6" 4 Square footage summary First floor: 2110 SF Second floor: 1673 SF Total living: 3783 SF Garage: 515 SF Enclosed Porches: 44 SF Total:4342 SF Max allowable:4518 SF SARATOGA ESTATES - LOT SARATOGA, CALIFORNIA MHG Builder & Consulting, Inc.2015180 2015180 - Saratoga Estates - Saratoga, CA0 8 16 24 C 2017 WILLIAM HEZMALHALCH ARCHITECTS, INC. A1 First Floor PlanSecond Floor Plan GAS BURNIN G May 02, 2017 2015180 - Saratgoa Estates Lot 4 - Saratoga, CA2015180 A2MHG Builder & Consulting, Inc. Line of first floor (typ.) GAS BURNIN G 91 4:12HI PHIP 4:12 4:124:12 HIP HIP4:124:124:12 HIPHIPHIP4:12 3:124:124:12 4:12 RIDGERIDGEVA L L E Y VALLEY3:123:12 3:123:123:123:12 3:12 4:12 4:12 4:12 4:12 RIDGEVALLEYVALLEY VALLEYVALLEY RIDGE RIDGE RIDGE HIPHIP RIDGE HIPHIPR3:12 B A3 B A3AA3AA3 10'-0"10'-0"T.O.P. T.O.P.F.F.13'-0"2'-0"±35'-0"±25'-0" ±60'-0" DINING WINE KITCHEN GREAT ROOM W.I.C.HALL BDRM. 2 AVERAGE GRADE / PAD HEIGHT = 376.58 ft. TOP ELEV. POINT = 402.58 ft. 26'-0" 18'-0" T.O.P. T.O.P.F.F.11'-0"10'-0"10'-0"T.O.P. OWNER BATH HALL ENTRY 11'-0"T.O.P. F.F. 26'-0" 18'-0" AVERAGE GRADE / PAD HEIGHT = 376.58 ft. A3 4SARATOGA ESTATES - LOT SARATOGA, CALIFORNIA MHG Builder & Consulting, Inc.2015180 2015180 - Saratoga Estates - Saratoga, CA0 8 16 24 C 2017 WILLIAM HEZMALHALCH ARCHITECTS, INC. Roof Plan Section B Section A May 02, 2017 2015180 - Saratgoa Estates Lot 4 - Saratoga, CA2015180 A3MHG Builder & Consulting, Inc. 92 MHG BUILDER & CONSULTING, INC. SARATOGA ESTATES Saratoga, California August 10, 2015 Project #2015180 www.wharchitects.com 2850 Redhill Avenue Suite 200 Santa Ana CA 92705-5543 Tel 949 250 0607 Fax 949 250 1529 5000 Executive Parkway Suite 375 San Ramon CA 94583-4210 Tel 925 463 1700 Fax 949 250 1529 EXTERIOR COLOR & MATERIALS MATERIAL COLOR MANUFACTURER ROOFING: Concrete ‘S’ Tile 3773 WALNUT CREEK BLEND (CRRC Cool Roof Rated Product)EAGLE METAL BIRD STOP @ ‘S’ TILE (Factory Finish)BLACK EAGLE WINDOWS (Factory Finish)TERRATONE ANDERSEN or comparable BRICK WALL CAP MONTEREY BAY FLASH H.C. MUDDOX MORTAR @ BRICK CAP LIGHT KHAKI ORCO/OBP STUCCO COLOR KM 5711-2 COUNTRY RUBBLE KELLY MOORE TRIM COLOR #1 (applied to): Barge Boards Posts Corbels Rafter Tails Eaves Railing Fascia Secondary Doors Garage Door Wood Trim KM 4568-5 TEA CHEST KELLY MOORE TRIM COLOR #2 (applied to): Stucco Over Foam Trim KM 5782-3 ON THE AVENUE KELLY MOORE ACCENT COLOR (applied to): Shutters KM 4742-5 MYSTERIOUS MOSS KELLY MOORE FRONT DOOR (Factory Finish)KNOTTY ALDER - CHAPPO Aurora Series JELDWEN/IWP 6” X 6” DECORATIVE TILE SR 302-a (Deco) and 470U (Solid)ARTO TILE STUDIO PREFAB PIPES KM 4525-3 AYRSHIRE KELLY MOORE DECORATIVE METAL KM 4946-5 SEAWEED WRAP KELLY MOORE NOTE: Notify WHA if any variation occurs between these schemes and the construction documents prior to purchase. Contact Karen Moyer.William Hezmalhalch Architects, Inc. © 2015 SCHEME 4 of 7 Lot 4 Only May 02, 2017 2015180 - Saratgoa Estates Lot 4 - Saratoga, CA2015180 A4MHG Builder & Consulting, Inc. 93 May 02, 2017 2015180 - Saratgoa Estates Lot 4 - Saratoga, CA2015180 A5MHG Builder & Consulting, Inc.40 8 12 Front (North) Elevation 94 95 96 97 64'-8"8'-0"PORCH11'-0"20'-0"3'-0"BA3#15#6#5#4#74#3#17#35#14#13#12#11#10#9#7#8#33#34Preliminary Street Tree &Fencing Plan Site PlanPARAMOUNT VENTURES LLCSaratoga EstatesS a r a t o g a , C a l i f o r n i aMAY 2, 2017LANDSCAPE ARCHITECTURELAND PLANNING1615 BONANZA STREETSUITE 314WALNUT CREEK, CA 94596TEL: 925.938.7377FAX: 925.9387436L1EXISTING FENCE, TYPICALLOT 4LOT 2LOT 5LOT 3PARAMOUNTCOURT6'-0" HIGH TUBULAR STEELFENCE, TYPICALWOOD VIEW FENCEFENCE, TYPICALOPEN SPACEEASEMENT LINE30" HIGH CORRALFENCE, TYPICALEXISTING RODEOCREEK, TYPICAL6'-0" HIGH WOODFENCE, TYPICAL#XXTREE PROTECTION FENCINGLOW ENTRY WALL30" HIGH CORRAL FENCE, TYPICALWOOD VIEW FENCEFENCE, TYPICAL98 Preliminary Site DetailsPARAMOUNT VENTURES LLCSaratoga EstatesS a r a t o g a , C a l i f o r n i aMAY 2, 2017LANDSCAPE ARCHITECTURELAND PLANNING1615 BONANZA STREETSUITE 314WALNUT CREEK, CA 94596TEL: 925.938.7377FAX: 925.9387436EL2CBDFAC99 #6#5#4#74#3#14#13#12#11#10#9#7#8#33#34Preliminary Planting PlanLot 4PARAMOUNT VENTURES LLCSaratoga EstatesS a r a t o g a , C a l i f o r n i aMAY 2, 2017LANDSCAPE ARCHITECTURELAND PLANNING1615 BONANZA STREETSUITE 314WALNUT CREEK, CA 94596TEL: 925.938.7377FAX: 925.9387436L3LOT 4PARAMOUNTCOURTPERMEABLE PAVERS INDRIVEWAY, REFER TODETAIL G, SHEET L26'-0" WOOD FENCECOLORED CONCRETEENTRY WALK WITHCOLORED CONCRETE PADS WITH SCORE PATTERN30" CORRAL FENCE30" CORRAL FENCEOPEN SPACEEASEMENTTREE PROTECTION FENCING100 #15#6#5#4#74#3#14#13#12#11#10#9#7#8#33#34Preliminary Irrigation PlanLot 4PARAMOUNT VENTURES LLCSaratoga EstatesS a r a t o g a , C a l i f o r n i aMAY 2, 2017LANDSCAPE ARCHITECTURELAND PLANNING1615 BONANZA STREETSUITE 314WALNUT CREEK, CA 94596TEL: 925.938.7377FAX: 925.9387436L4LOT 4PARAMOUNTCOURT101 Preliminary Irrigation DetailsPARAMOUNT VENTURES LLCSaratoga EstatesS a r a t o g a , C a l i f o r n i aMAY 2, 2017LANDSCAPE ARCHITECTURELAND PLANNING1615 BONANZA STREETSUITE 314WALNUT CREEK, CA 94596TEL: 925.938.7377FAX: 925.9387436L5ADBHFGEC102 Preliminary Irrigation DetailsPARAMOUNT VENTURES LLCSaratoga EstatesS a r a t o g a , C a l i f o r n i aMAY 2, 2017LANDSCAPE ARCHITECTURELAND PLANNING1615 BONANZA STREETSUITE 314WALNUT CREEK, CA 94596TEL: 925.938.7377FAX: 925.9387436L6IKJLNM103 Preliminary Landscape Notes & DataPARAMOUNT VENTURES LLCSaratoga EstatesS a r a t o g a , C a l i f o r n i aMAY 2, 2017LANDSCAPE ARCHITECTURELAND PLANNING1615 BONANZA STREETSUITE 314WALNUT CREEK, CA 94596TEL: 925.938.7377FAX: 925.9387436L7104 Attachment 7 105 REPORT TO THE PLANNING COMMISSION 13090 Paramount Court Meeting Date: June 14, 2017 Application #: PDR17-003/ARB17-0007 Address/APN: 13090 Paramount Court Property Owner: Chihwei & Hengchun Chang Staff Planner: Nicole Johnson, Planner II Lands of Chang 106 Summary PROJECT DESCRIPTION The applicant is proposing to demolish the existing residence and garage and construct a new 6,013 square foot single-story residence. Six (6) protected trees are proposed for removal. The City Arborist is able to recommend the necessary findings for removal. STAFF RECOMMENDATION: Adopt Resolution No. 17-015 approving the project subject to conditions of approval in included in Attachment 1. Design Review Approval by the Planning Commission is required because the residence exceeds 6,000 square feet and is greater than 18’ in height, pursuant to City Code Section 15-45.060(a) (3) & (6). PROJECT DATA Gross Site Area: 40,007 square feet (0.92) Net Site Area: 40,007 square feet (0.92) Average Site Slope: 5% General Plan Designation: RVLD (Very Low Density Residential) Zoning: R1-40,000 Proposed Allowed/Required Proposed Site Coverage Footprint Driveway Walkway, Decks, etc. Total Proposed Site Coverage 7,019 sq. ft. 2,045 sq. ft. 4,172 sq. ft. 13,236 sq. ft. (33.08%) 14,002 sq. ft. (35%) Floor Area House Floor Area Garage Covered porch Total Floor Area 5,558 sq. ft. 455 sq. ft. 126 sq. ft. 6,013 sq. ft. 6,020 sq. ft. Height (Residence) Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: Total Proposed Height 99.00’ 107.40’ 103.20’ 125.25’ 22’ 26 Feet Setbacks Front: Left Side Right Side: Rear: 1st Story 67’7” 51’0” 30’0” 26’0” 1st story 30’ 20’ 20’ 20’ Report to the Planning Commission 13090 Paramount Court– Application # PDR17-0003/ARB17-0007 June 14, 2017 Page | 2 107 Grading Cut 100 CY Fill 600 CY Import 500 CY No grading limit in the R-1-40,000 zoning district SITE CHARACTERISTICS AND PROJECT DESCRIPTION Site Description The subject property is part of an existing low density residential neighborhood and has a lot size of 40,007 square feet. The property is located on the east side of Paramount Court immediately adjacent to a new 7-lot subdivision. The site is improved with an existing 2,967 square foot single-story residence with a two-car garage. Surrounding uses include one and two-story single family residences to the north, southeast, and to the west of the property on the opposite side of Paramount Court. Immediately adjacent to the project site, along its south property line, a new two-story home was approved for construction in November 2016. Project Description The proposed residence will be 6,013 square feet and the floor plan layout consists of a foyer, living room, library, dining room, kitchen, a two (2) car garage, family room, master bedroom with bath, and four (4) bedrooms with baths. Architecture/Design The proposed house is of a contemporary style with traditional sloping roof forms and has been designed to generally fit the site and neighborhood context. The residence will be located in the same general vicinity as the existing building. The building footprint is rectangular. The mass of the front façade of the home is broken up by a one-story covered entry element that is flanked on the eastern side by a projecting wing which contains the garage. The applicant is also proposing an 800 square foot carport adjacent to the garage. There is an open atrium/courtyard within the residence. This design allows for private outdoor space with natural sunlight and ventilation to be incorporated into the main living areas of the residence. In addition, the design of the home incorporates hipped tile roofs with stucco walls. These design elements provide additional articulation, texture and exterior detailing to help minimize the overall massing and visual impact from off site. The applicant has provided a color and materials board, which is on file with the Community Development Department and available for review at the site visit. Below is a list of the proposed exterior materials. Detail Colors and Materials Exterior Stucco (Summer bloom) Windows/Doors Vinyl (Tan) Roof Concrete Tile (village blend) Report to the Planning Commission 13090 Paramount Court– Application # PDR17-0003/ARB17-0007 June 14, 2017 Page | 3 108 Trees Six (6) protected trees are proposed for removal with this application. The City Arborist has been able to make the findings and recommends approval for the removal of the requested trees with the proposed replacement tree mitigation. All protected trees to remain in the vicinity of the project would be protected prior to building permit issuance and throughout the duration of the project. The applicant is required to place a tree security deposit of $31,197 and as mitigation for removal proposes replacement trees at a value of $9,200. In addition, Tree protection fencing is required to be installed prior to the issuance of building permits. Details of the arborist report findings and descriptions of the trees to be preserved are included in the Arborist Report (Attachment 2). Landscaping New landscaping includes 13 new trees of various species to be installed on the property. In addition, 187 shrubs and plants of various species and sizes are proposed. Condition of approval #13 requires that the applicant shall demonstrate compliance with the State Water Efficient Landscape Ordinance when the application is submitted to the Building Department. Geotechnical Review Geotechnical review was not required for this application because the site is not located within a geological hazard zone. FINDINGS The findings required for issuance of a Design Review Approval pursuant to City Code Section Article 15-45.080 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: a. Site development follows the natural contours of the site, minimizes grading, and is appropriate given the property’s natural constraints. This finding can be made in the affirmative in that the project minimizes changes to the existing contours of the site. Grading is limited to construction of the driveway and the residence. In addition, the residence is located in the same vicinity as the existing residence. b. All protected trees shall be preserved, as provided in Article 15-50 (Tree Regulations). If constraints exist on the property, the number of protected trees, heritage trees, and native trees approved for removal shall be reduced to an absolute minimum. Removal of any smaller oak trees deemed to be in good health by the City Arborist shall be minimized using the criteria set forth in Section 15-50.080. This finding can be made in the affirmative in that the City Arborist has reviewed the project arborist report and recommends approval of the proposed removal of six (6) protected trees and the mitigation recommended. Report to the Planning Commission 13090 Paramount Court– Application # PDR17-0003/ARB17-0007 June 14, 2017 Page | 4 109 c. The height of the structure, its location on the site, and its architectural elements are designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds. This finding can be made in the affirmative in that the single story residence fits with the context of other residences within its vicinity and will not have unreasonable privacy impacts on the neighboring properties. The existing and proposed vegetation would also screen the project from the residences on the adjacent sites so that there would be no unreasonable impact to the privacy of adjoining properties and to community viewsheds. d. The overall mass and height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood. This finding can be made in the affirmative in that proposed residence is similar to the surrounding residences. The overall design, height, materials, and location of building features will help to minimize the perception of mass. The architectural theme of the building and the use of architecturally true elements unify the building façades. The elevations are softened by the use of varying materials to include earth toned stucco. In addition, the views from homes on adjacent sites are screened by existing and proposed landscaping. e. The landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape. This finding can be made in the affirmative in that project proposes to minimize the use of hardscape within the front yard setback and to install a variety of species of trees and shrubs on the property and the majority of existing mature landscape is proposed to remain. f. Development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy. This finding can be made in the affirmative in that the proposed structure is sited on the property so as not to impede with any neighbors solar access. The structure itself would not unreasonably impair the utilization of solar energy. g. The design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055. This finding can be made in the affirmative because the proposed project incorporates applicable design policies and techniques from the Residential Design Handbook. The overall mass and height of the structure are in scale with the neighborhood; the structure is in proportion to the size and shape of the lot; site development follows contours and is appropriate given the property’s natural constraints; In addition, the proposed materials, colors, and details enhance the architecture in a well-composed, understated manner. Report to the Planning Commission 13090 Paramount Court– Application # PDR17-0003/ARB17-0007 June 14, 2017 Page | 5 110 h. On hillside lots, the location and the design of the structure avoid unreasonable impacts to ridgelines, significant hillside features, community viewsheds, and is in compliance with Section 15-13.100. This finding is not applicable as the lot is not located in a hillside zone, the slope is less than 10%, the property is not on a ridgeline and does not impact a significant hillside feature or community viewsheds. Neighbor Notification and Correspondence A public notice for the June 14, 2017 Planning Commission hearing was sent to property owners within 500 feet of the site. In addition, the public hearing notice and description of the project was published in the Saratoga News. To date, staff has not received any comments from the public. ENVIRONMENTAL DETERMINATION The project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, “New Construction or Conversion of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction of three single-family residences in a residential area. The project, as proposed, is for the construction of one single-family residence in a suburban, residential area. STAFF RECOMMENDATION: Adopt Resolution No. 17-015 approving the project subject to conditions of approval in included in Attachment 1. ATTACHMENTS: 1. Resolution of Approval No. 17-015 2. Arborist Report dated March 17, 2017 3. Story pole Certification dated May 6, 2017 4. Development Plans (date stamped April 3, 2017) Report to the Planning Commission 13090 Paramount Court– Application # PDR17-0003/ARB17-0007 June 14, 2017 Page | 6 111 RESOLUTION NO: 17-015 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING A NEW SINGLE FAMILY RESIDENCE LOCATED AT 13090 PARAMOUNT COURT WHEREAS, on February 2, 2017 an application was submitted by Chihwei & Hengchun Chang requesting Design Review approval to construct a new 6,013 square foot single story home located at 13090 Paramount Court. The maximum height of the proposed residence is 22 feet. Six (6) protected trees are proposed for removal. The site is located within the R-1-40,000 Zoning District (APN 503-82-029). WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine this project Categorically Exempt. WHEREAS, on June 14, 2017 the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City Staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, “New Construction or Conversion of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction of one single-family residence in a residential area. Section 3: The project is consistent with the following Saratoga General Plan Policies: 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; 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; and 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. Section 4: The project is consistent with the Saratoga City Code in that the design and improvements are consistent with the design review findings. The overall mass and height of the structure are in scale with the neighborhood; the structure is set back in proportion to the size and shape of the lot; site development follows contours and is appropriate given the property’s natural constraints; the porch and entry are in scale with other structures in the neighborhood. In addition, the proposed materials, colors, and details enhance the architecture in a well-composed, understated manner. 112 Section 5: The City of Saratoga Planning Commission hereby approves PDR17- 0003/ARB17-0007 located at 13090 Paramount Court, subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 14th day of June 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Tina Walia Chair, Planning Commission Lands of Chang 13090 Paramount Court- Application # PDR17-0003/ARB17-0007 Resolution #17-015 Page | 2 113 Exhibit 1 CONDITIONS OF APPROVAL 13090 PARAMOUNT COURT PDR17-0003/ARB17-0007 (APN 503-82-029) GENERAL 1. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner’s successors in interest for such time period. No zoning clearance, or demolition, grading for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent or other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content to the Community Development Director. 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. 2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this approval is duly executed, 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 City certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 3. 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 City Code incorporated herein by this reference. 4. 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, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold Harmless Lands of Chang 13090 Paramount Court- Application # PDR17-0003/ARB17-0007 Resolution #17-015 Page | 3 114 and Defend, which shall be subject to prior approval as to form and content by the City Attorney. 5. Construction must be commenced within 36 months from the date of this approval (June 14, 2020), or the resolution will expire. COMMUNITY DEVELOPMENT 6. The owner/applicant shall comply with all City requirements regarding drainage, including but not limited to complying with the city approved Stormwater management plan. The project shall retain and/or detain any increase in design flow from the site, that is created by the proposed construction and grading project, such that adjacent down slope properties will not be negatively impacted by any increase in flow. Design must follow the current Santa Clara County Drainage Manual method criteria, as required by the building department. Retention/detention element design must follow the Drainage Manual guidelines, as required by the building department. 7. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated stamped April 3, 2017. 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 City Code. 8. Prior to issuance of Building Permits, the applicant shall submit for staff approval, a lighting Plan for the home’s exterior and landscaped areas. Proposed exterior lighting shall be limited to full-cut off & shielded fixtures with downward directed illumination so as not to shine on adjacent properties or public right-of-way. All proposed exterior lighting shall be designed to limit illumination to the site and avoid creating glare impacts to surrounding properties. 9. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 10. Prior to issuance of Building Permits the applicant shall prepare for review and approval by City staff a Construction Management Plan for the project which includes but is not limited to the following: a. Proposed construction worker parking area. b. Proposed construction hours that are consistent with City Code. c. Proposed construction/delivery vehicle staging or parking areas. d. Proposed traffic control plan with traffic control measures, any street closure, hours for delivery/earth moving or hauling, etc. To the extent possible, any deliveries, earth moving or hauling activities will be scheduled to avoid peak commute hours. e. Proposed construction material staging/storage areas. f. Location of project construction sign outlining permitted construction work hours, name of project contractor and the contact information for both homeowner and contractor. Lands of Chang 13090 Paramount Court- Application # PDR17-0003/ARB17-0007 Resolution #17-015 Page | 4 115 11. All fences, walls and hedges shall conform to height requirements provided in City Code Section 15-29. The proposed solid property line fence shall not exceed a height of 6’ with 2’ of lattice. 12. A locking mailbox approved for use by the US Postal service shall be installed and in compliance with Saratoga Municipal Code section 6-25.030. The mailbox shall be installed prior to final inspection. 13. The final landscaping and irrigation plan submitted for Building Permit approval shall demonstrate how the project complies with the State Water Efficient Landscape Ordinance and shall take into account the following: a. To the extent feasible, landscaping shall be designed and operated to treat storm water 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 prolong exposure to water shall be specified. b. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. c. Plant materials selected shall 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. d. Any proposed or required under grounding of utilities shall take into account potential damage to roots of protected trees 14. The front yard and exterior side yard landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Department valued at %150 of the estimated cost of the installation of such landscaping shall be provided to the city. ARBORIST 15. All requirements in the City Arborist Report dated March 17, 2017 are hereby adopted as conditions of approval and shall be implemented as part of the approved plans. FIRE DEPARTMENT 16. The owner/applicant shall comply with all Fire Department requirements. PUBLIC WORKS 17. Applicant / Owner shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement including all new utilities prior to commencement of the work to implement this Design Review. 18. Applicant / Owner shall remove and replace existing dip and settled asphalt driveway approach Lands of Chang 13090 Paramount Court- Application # PDR17-0003/ARB17-0007 Resolution #17-015 Page | 5 116 with a new one conforming to existing adjoining grade at the front of the property along Paramount Court. See Saratoga Standard details for removal and new installation. 19. Removed and replace all existing rolled curb with new vertical curb and gutter and new driveway and approach per City Standard Details along Paramount Court fronting the property. 20. All existing utilities to existing home (Gas, Electric, Water, Sewer) shall be capped off prior to demolition of existing structures. Shown on plan all new utilities services to the new residence. All utilities to the new residence shall be installed underground. 21. Grading Permit is required for this project. Prior to the commencement of any earthwork/grading activities, the applicant / owner shall arrange a pre-construction meeting. The meeting shall include the City of Saratoga Grading Inspector, the grading contractor and the project soils engineer. The applicant / owner shall arrange the pre- construction meeting at least 48 hours prior to the start of any earthwork/grading activities 22. Applicant / Owner shall maintain the streets, sidewalks and other public right of way in a clean, safe and usable condition. All spills of soil, rock or construction debris shall be removed from the public property. All adjacent property, both public and private, shall be maintained in a clean, safe and usable condition 23. RW Engineering Inc., shall design this project to comply with the grading recommendations in the geotechnical report. 24. All grading and earthwork activities shall conform to the approved plans and specifications. All grading and earthwork activities shall be observed and approved by the soils engineer. The soils engineer shall be notified at least 48 hours prior to any grading or earthwork activities. Unobserved or unapproved work shall be removed and replaced under observation of the project soil engineer. 25. RW Engineering Inc., shall submit associated calculations (Hydrology calculations) for storm water treatment measures in compliance with NPDES Permit No. CAS612008, November 19, 2015 Provision C.3.i. 26. Site Design Measures for Small Projects and Detached Single-Family Home Projects required all development projects, which create and /or replace greater or equal 2,500 square feet to 10,000 square feet of impervious surface, and detached single-family home projects, which create and or replace 2,500 square feet or more of impervious surface, to install one or more of the following site design measures: • Direct roof runoff into cisterns or rain barrels for reuse Lands of Chang 13090 Paramount Court- Application # PDR17-0003/ARB17-0007 Resolution #17-015 Page | 6 117 • Direct runoff onto vegetated areas • Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. • Direct runoff from driveways and/or uncovered parking lots onto vegetated areas. • Construct sidewalks, walkways, and/or patios with permeable surfaces. 27. Construction Site Control • Provide straw wattle and silt fence on the perimeter of the property • Owner shall implement construction site inspection and control to prevent construction site discharges of pollutants into the storm drains per approved Erosion Control Plan. • The City requires the construction sites to maintain year-round effective erosion control, run-on and run-off control, sediment control, good site management, and non-storm water management through all phases of construction (including, but not limited to, site grading, building, and finishing of lots) until the site is fully stabilized by landscaping or the installation of permanent erosion control measures. • City will conduct inspections to determine compliance and determine the effectiveness of the BMPs in preventing the discharge of construction pollutants into the storm drain. Owner shall be required to timely correct all actual and potential discharges observed. 28. Prior to the Building Department final, all drainage, grading, and landscaping of the site shall be completed. BUILDING DEPARTMENT SUBMITTAL 29. 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 City 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. b. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. c. This signed and dated Resolution printed onto separate construction plan pages. d. 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. Lands of Chang 13090 Paramount Court- Application # PDR17-0003/ARB17-0007 Resolution #17-015 Page | 7 118 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REPORT Application No. ARB17-0007 Prepared by Kate Bear, City Arborist Site: 13090 Paramount Drive Phone: (408) 868-1276 Owner: Eugenia Chang Email: kbear@saratoga.ca.us APN: 503-82-029 Email: eugenia_hc_chang@hotmail.com Report History: Final report Date: March 17, 2017 PROJECT SCOPE: The applicant has submitted plans to demolish the existing house and build a new single story house with an attached two car garage and one car carport. One deodar cedar is requested for removal to construct the project. STATUS: Approved by City Arborist, with attached conditions. PROJECT DATA IN BRIEF: Tree bond – Required - $31,197 For trees 1 – 3, 10 – 23, 25 and 26. Tree fencing – Required – See Conditions of Approval and attached map. Tree removals – Trees 4, 5, 7 – 9 and 24 are approved for removal and replacement once a building permit has been issued. Replacement trees – Required = $9,200 ATTACHMENTS: 1 – Findings 2 – Tree Removal Criteria 3 – Tree Information 4 – Conditions of Approval 5 – Map Showing Tree Protection 1 119 13090 Paramount Drive Attachment 1 FINDINGS: Tree Removals According to Section 15-50.080 of the City Code, whenever a tree is requested for removal as part of a project, certain findings must be made and specific tree removal criteria met. One deodar cedar tree 2 is in conflict with the new house, and meets the City’s criteria allowing it to be removed and replaced as part of the project, once building division permits have been obtained. Attachment 2 contains the tree removal criteria for reference. Table 1: Summary of Tree Removal Criteria that are met Tree No. Species Criteria met 4, 5, 7, 8, 9 Olive 1, 4, 7, 9 24 Fruit 1, 4, 7, 9 New Construction Based on the information provided, and as conditioned, this project complies with the requirements for the setback of new construction from existing trees under Section 15- 50.120 of the City Code. Tree Preservation Plan Section 15-50.140 of the City Code requires a Tree Preservation Plan for this project. To satisfy this requirement the following shall be copied onto a plan sheet and included in the final sets of plans: 1) The submitted arborist report dated January 25, 2017; 2) The Project Data in Brief, the Conditions of Approval, and the map showing tree protection from this report. 2 120 13090 Paramount Drive Attachment 2 TREE REMOVAL CRITERIA Criteria that permit the removal of a protected tree are listed below. This information is from Article 15-50.080 of the City Code and is applied to any tree requested for removal as part of the project. If findings are made that meet the criteria listed below, the tree(s) may be approved for removal and replacement during construction. (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services, and whether the tree is a Dead tree or a Fallen tree. (2) The necessit y to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the propert y. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularl y on steep slopes. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beaut y, property values, erosion control, and the general welfare of residents in the area. (5) The age and number of healthy trees the property is able to support according to good forestry practices. (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. (8) Any other information relevant to the public health, safet y, or general welfare and the purposes of this ordinance as set forth in Section 15-50.010 (9) The necessit y to remove the tree for economic or other enjoyment of the propert y when there is no other feasible alternative to the removal. (10) The necessit y to remove the tree for installation and efficient operation of solar panels, subject to the requirements that the tree(s) to be removed, shall not be removed until solar panels have been installed and replacement trees planted in conformance with the City Arborist's recommendation. 3 121 13090 Paramount Drive Attachment 3 TREE INFORMATION: Arborist Report reviewed: Preparer: Walter Levison, Consulting Arborist Date of Report: January 25, 2017 An arborist report was submitted to the City for this project that inventoried 26 trees, 25 of which are protected by Saratoga City Code. One olive (tree 6) is not protected by City Code. Information on the condition of each tree, potential impacts from construction, suitability for preservation, appraised values and tree protection recommendations was provided. Tables summarizing information about each tree are below. Six trees (4, 5, 7 – 9 and 24) protected by Saratoga City Code is requested for removal to construct this project. They meet the City’s criteria allowing their removal and replacement as part of this project. Table 2: List of trees from January 25, 2017 arborist report. 4 122 13090 Paramount Drive Attachment 3 Table 2 continued: List of trees from January 25, 2017 arborist report. 5 123 13090 Paramount Drive Attachment 3 Table 3: Appraised values from January 25, 2017 arborist report. 6 124 13090 Paramount Drive Attachment 3 Table 3 continued: Appraised values from January 25, 2017 arborist report. 7 125 13090 Paramount Drive Attachment 3 Table 3: Appraised values from January 25, 2017 arborist report. 8 126 13090 Paramount Drive Attachment 3 Table 3: Legend for appraised values from January 25, 2017 arborist report. 9 127 13090 Paramount Drive Attachment 4 CONDITIONS OF APPROVAL 1. It is the responsibility of the owner, architect and contractor to be familiar with the information in this report and implement the required conditions. 2. All recommendations in the arborist report dated January 25, 2017 prepared by Walter Levison shall become conditions of approval. 3. The arborist report dated January 25, 2017 shall be copied on to a plan sheet, titled “Tree Preservation” and included in the final job copy set of plans. 4. The Project Data in Brief and the Conditions of Approval from this report dated March 17, 2017 shall be copied onto a plan sheet and included in the final set of plans. 5. The designated Project Arborist shall be Walter Levison, unless otherwise approved by the City Arborist. 6. Tree Protection Security Deposit a. Is required per City Ordinance 15-50.080. b. Shall be $31,197 for tree(s) 1 – 3, 10 – 23, 25 and 26. c. Shall be obtained by the owner and filed with the Community Development Department before obtaining Building Division permits. d. Ma y b e in the form of cash, check, credit card payment or a bond. e. Shall remain in place for the duration of construction of the project. f. May be released once the project has been completed, inspected and approved by the City Arborist. 7. Tree Protection Fencing: a. Shall be installed as shown on the attached map. b. Shall be shown on the Site Plan. c. Shall be established prior to the arrival of construction equipment or materials on site. d. Shall be comprised of six-foot high chain link fencing mounted on eight-foot tall, 2-inch diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10 feet apart. e. Shall be posted with signs saying “TREE PROTECTION FENCE - DO NOT MOVE OR REMOVE WITHOUT APPROVAL FROM CITY ARBORIST, KATE BEAR (408) 868-1276”. f. Call City Arborist, Kate Bear at (408) 868-1276 for an inspection of tree protection fencing once it has been installed. This is required prior to obtaining building division permits. g. Tree protection fencing shall remain undisturbed throughout the construction until final inspection. 8. If contractor feels that work must be done inside the fenced area, call City Arborist to arrange a field meeting before performing work. 9. The Project Arborist shall visit the site every two weeks during grading activities and every six weeks thereafter. Following visits to the site, the Project Arborist shall provide the City 10 128 13090 Paramount Drive Attachment 4 with a report including photos documenting the progress of the project and noting any tree issues. 10. No protected tree authorized for removal or encroachment pursuant to this project may be removed or encroached upon until the issuance of the applicable permit from the building division for the approved project. 11. Receipt of a Planning or Building permit does not relieve applicant of his responsibilities for protecting trees per City Code Article 15-50 on all construction work. 12. All construction activities shall be conducted outside tree protection fencing. These activities include, but are not necessarily limited to, the following: demolition, grading, trenching, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation and parking. 13. Trenching to install utilities is not permitted inside tree protection fencing. 14. Roots of protected trees measuring two inches in diameter or more shall not be cut without prior approval of the Project Arborist. Roots measuring less than two inches in diameter may be cut using a sharp pruning tool. 15. Any permitted pruning or root pruning of trees on site shall be performed under the supervision of the Project Arborist and according to ISA standards. 16. Trees 4, 5, 7 – 9 and 24 meet the criteria for removal and may be removed and replaced once Building Division permits have been obtained. 17. Trees permitted for removal shall be replaced on or off site according to good forestry practices, and shall provide equivalent value in terms of aesthetic and environmental quality, size, height, location, appearance and other significant beneficial characteristics of the removed trees. The value of the removed trees shall be calculated in accordance with the ISA Guide for Plant Appraisal. 18. New trees equal to $9,200 shall be planted as part of the project before final inspection and occupancy of the new home. New trees may be of any species. 19. Replacement values for new trees are listed below. 15 gallon = $350 24 inch box = $500 36 inch box = $1,500 48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000 20. Replacement trees may be planted an ywhere on the propert y as long as they do not encroach on retained trees. 21. Only drought tolerant plants that are compatible with oaks are permitted under the outer half of the canopy of oak trees on site. 22. Water loving plants and lawns are not permitted under oak tree canopies. 11 129 13090 Paramount Drive Attachment 4 23. Should any tree be damaged beyond repair, new trees shall be required to replace the tree. If there is insufficient room to plant the necessar y number of new trees, some of the value for trees may be paid into the City’s Tree Fund. 24. Following completion of the work around trees, and before a final inspection of the project, the applicant shall provide a letter to the City from the Project Arborist. That letter shall document the work performed around trees, include photos of the work in progress, and provide information on the condition of the trees. 25. At the end of the project, when the contractor wants to remove tree protection fencing and have the tree protection security deposit released by the City, call City Arborist for a final inspection. 12 130 $WWDFKPHQW ı W u}v ] d }}v (v o}}v 13 131 Attachment 3 132 Attachment 4 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148