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HomeMy WebLinkAbout05-24-17 Planning Commission Agenda PacketSaratoga Planning Commission Agenda – Page 1 of 2 SARATOGA PLANNING COMMISSION REGULAR MEETING MAY 24, 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 April 26, 2017. OR AL COMMUNICATIONS ON N ON -AGENDIZED ITEM S 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 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 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 PDR16-0016/SDU17-0007/GEO16-0022/ARB16-0037; 15142 Sobey Road (397-07- 065); Lands of Jadali. The applicant is requesting approval of a new two-story residence exceeding 6,000 square feet (maximum height of 26’) with a basement and an attached second unit. Seventeen (17) trees are proposed to be removed. Staff contact: Nicole Johnson (408) 868 -1209 or njohnson@saratoga.ca.us Saratoga Planning Commission Agenda – Page 2 of 2 Recommended Action: Adopt Resolution No. 17-013 approving the project subject to conditions of approval in included in Attachment 1. Staff Report Attachment 1- Resolution No. 17-013 Attachment 2-Arborist Report Attachment 3-Geotechnical Report Attachment 4- Story pole certification Attachment 5-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 May 18, 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 18th day of May 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 15142 Sobey Road Meeting Date: May 24, 2017 Application #: PDR16-0016 /ARB16-0037 Address/APN: 15142 Sobey Road (397-07-065) Property Owner: Michael & Sue Jadali Staff Planner: Nicole Johnson, Planner II Lands of Jadali 3 Summary PROJECT DESCRIPTION The applicant is proposing to demolish the existing residence with a detached garage and construct a new 6,747 square foot two-story residence with a deed restricted attached accessory dwelling unit. Required parking would be located at the basement level and would not be included in the projects overall floor area. An existing swimming pool located at the rear of the property will remain. A new covered patio (cabana) and pool equipment room would be located adjacent to the existing pool. Seventeen (17) protected trees are proposed for removal. The City Arborist is able to recommend the necessary findings for removal. STAFF RECOMMENDATION: Adopt Resolution No. 17-013 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: 80,281 square feet (1.84 acres) Net Site Area: 54,454 square feet (1.25 acres) Average Site Slope: 17.2% 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 4,278 sq. ft. 10,402 sq. ft. 7,366 sq. ft. 22,046 sq. ft. (31%) 27,554 sq. ft. (38%) (25,049 sq. ft. + 10 % (2,505 sq. ft.) increase for deed restricted accessory dwelling unit) Floor Area House Floor Area Garage /basement (Exempt) Pool equip./storage Total Floor Area 6,747 sq. ft. 3,284 sq. ft. 108 sq. ft. 6,855 sq. ft. 6,930 sq. ft. (6,300 sq. ft. + 10 % (630 sq. ft.) increase for deed restricted accessory dwelling unit) Height (Residence) Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: Total Proposed Height 123.00’ 124.00’ 123.50’ 149.50 26’ 26 Feet Report to the Planning Commission 15142 Sobey Road – Application # PDR16-0016/ARB16-0037 May 24, 2017 Page | 2 4 Setbacks Front: Left Side Right Side: Rear: 1st Story 2nd Story 168’9” N/A 47’10” 46’5” 58’0” 60’0” 105’0” 114’2” 1st story 2nd Story 30’ N/A 20’ 25’ 20’ 25’ 50’ 60’ Grading Cut 3,850 CY Fill 1,230 CY Export 2,620 CY No grading limit in the R-1-40,000 zoning district SITE CHARACTERISTICS AND PROJECT DESCRIPTION Site Description The subject property has a gross lot size of 80,281 square feet. After required City Code deductions for an access easement and slope reduction, the net lot size is 54,454 square feet. The property is located on the east side of Sobey Road. The site is improved with a 3,380 square foot single-story residence with a detached garage. Both structures will be removed. Surrounding uses include one and two-story single family residences to the north, south, and to the west of the property on the opposite side of Sobey Road. Project Description The basement level is 3,284 square feet and includes garages for up to five (5) cars, a bedroom/gym with bath, theater, storage room, a wine room, and a mechanical room. The proposed basement is in compliance with City Code Section 15-06.090 and is exempt from the floor area calculations. The main level is 3,829 square feet and consists of a covered porch, entry way, piano alcove, pub, dining room, kitchen, pantry, breakfast nook, great room, a bedroom and an accessory dwelling unit (888 square feet). The accessory dwelling unit would be deed restricted. The City Code allows a one-time 10% increase in site coverage and allowable floor area if an applicant agrees to a deed restriction that would restrict the rental of an accessory dwelling unit to below market rate (BMR) households. The upper level is comprised of 2,918 square feet and has two (2) bedrooms with baths, master bedroom with bath, and a library. In total, the proposed house size will be 6,747 square feet. Architecture/Design The proposed two story residence would have a Mediterranean architectural style with traditional roof forms and has been designed to be compatible with the site and neighborhood context. The residence would be located in the approximately the same location as the existing buildings. The neighborhood consists of both single and two-story residences, including some of similar architectural style. Report to the Planning Commission 15142 Sobey Road – Application # PDR16-0016/ARB16-0037 May 24, 2017 Page | 3 5 The building footprint is rectangular with the second floor having a smaller footprint than the first floor. The massing of the front façade elements of the home is broken up by a covered entry element and symmetrical facades. In addition, the design of the home incorporates hipped roofs with stucco siding and stone veneer. 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 “magic sail” smooth stucco Windows/Doors Dark Roof Clay Tiles Trees Seventeen (17) 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. Fifteen (15) of the seventeen (17) trees are in fair to poor health and would be highly impacted by the construction of the driveway. The City arborist had determined that these trees meet the findings for removal due to the location under utilities and the proposed improvements. The remaining trees are in conflict with the new residence and new driveway. A summary of the trees proposed to be removed is below. 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 $67,730 and as mitigation for removal proposes replacement trees at a value of $16,780. 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 76 new trees of various species and ranging in size from 15 gallon-24” box to be installed on the property. In addition, 12 shrubs of various species are proposed. Tree No. Species Criteria met Comments 19 Coast live oak 1, 4, 7, 9 In conflict with house 21 Giant Sequoia 1, 4, 5, 7, 9 Poor health 227, 229 – 231, 233 – 237, 239, 240 Coast live oak 1, 4, 5, 7, 9 In conflict with new driveway, under PG&E lines 232 Valley oak 1, 4, 5, 7, 9 26, 238 Acacia 1, 4, 5, 7, 9 246 Black walnut 1, 4, 7, 9 In conflict with driveway Report to the Planning Commission 15142 Sobey Road – Application # PDR16-0016/ARB16-0037 May 24, 2017 Page | 4 6 Condition of approval #14 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 The City’s Geotechnical Consultant, Cotton, Shires and Associates has reviewed the proposed residence and Geotechnical Investigation provided by the applicant (GEC). Cotton, Shires and Associates have indicated that the Project Geotechnical Consultant has adequately characterized site conditions and recommended approval. 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 seventeen (17) protected trees and the mitigation recommended. 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 1.84 acre size of the parcel, the building setbacks and existing vegetation, and trees, would screen views of the project from the street and surrounding properties. The existing 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. Report to the Planning Commission 15142 Sobey Road – Application # PDR16-0016/ARB16-0037 May 24, 2017 Page | 5 7 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 smooth finished stucco and stone veneer. 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. 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 can be made in the affirmative because the site, though considered a hillside lot, is not located in a hillside area where there is potential to impact ridgelines, hillside features, or community viewsheds. Neighbor Notification and Correspondence A public notice for the May 24, 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. Report to the Planning Commission 15142 Sobey Road – Application # PDR16-0016/ARB16-0037 May 24, 2017 Page | 6 8 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. 17-013 approving the project subject to conditions of approval in included in Attachment 1. ATTACHMENTS: 1. Resolution of Approval No. 17-013 2. Arborist Report dated April 4, 2014 3. Geotechnical Report dated August 17, 2016 4. Story pole Certification dated May 4, 2017 5. Development Plans (date stamped May 4, 2017) Report to the Planning Commission 15142 Sobey Road – Application # PDR16-0016/ARB16-0037 May 24, 2017 Page | 7 9 RESOLUTION NO: 17-013 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING DESIGN REVIEW PDR16-0016/ ARB16-0037 15142 SOBEY ROAD WHEREAS, on August 2, 2016 an application was submitted by Mr. & Mrs. Jadali requesting Design Review approval to construct a new 6,747 square foot two-story home with a basement and attached accessory dwelling unit located at 15142 Sobey Road. The maximum height of the proposed residence is 26 feet. Seventeen (17) protected trees are proposed for removal. The site is located within the R-1-40,000 Zoning District (APN 397-07-065). 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 May 24 , 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, 10 the proposed materials, colors, and details enhance the architecture in a well-composed, understated manner. Section 5: The City of Saratoga Planning Commission hereby approves PDR16- 0016/ARB16-0037 located at 15142 Sobey 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 24th day of May 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Tina Walia Chair, Planning Commission Lands of Jadali 15142 Sobey Road- Application # PDR16-0016/ARB16-0037 Resolution #17-013 Page | 2 11 Exhibit 1 CONDITIONS OF APPROVAL 15142 SOBEY ROAD PDR16-0016/SDU17-0007/GEO16-0022/ARB16-0037 (APN 397-07-065) 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. Construction must be commenced within 36 months from the date of this approval (May 24, 2020), or the resolution will expire. 5. 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. Lands of Jadali 15142 Sobey Road- Application # PDR16-0016/ARB16-0037 Resolution #17-013 Page | 3 12 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. 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 May 4 , 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. The owner shall restrict 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 or, 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. 11. 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. Lands of Jadali 15142 Sobey Road- Application # PDR16-0016/ARB16-0037 Resolution #17-013 Page | 4 13 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. 12. 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. 13. 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. 14. 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 FIRE DEPARTMENT 15. The owner/applicant shall comply with all Fire Department requirements. ARBORIST 16. All requirements in the City Arborist Report dated April 4, 2017 are hereby adopted as conditions of approval and shall be implemented as part of the approved plans. GEOLOGIST 17. The applicant's geotechnical consultant should review and approve all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, site drainage Lands of Jadali 15142 Sobey Road- Application # PDR16-0016/ARB16-0037 Resolution #17-013 Page | 5 14 improvements and design parameters for foundations, retaining walls and driveway) to ensure that their recommendations have been properly incorporated. If retaining walls are to be founded on drilled piers, then the consultant should provide supplemental recommendations for pier design. The results of the plan review shall be summarized by the geotechnical consultant in a letter and submitted to the City Engineer for review and approval prior to issuance of building permits. 18. The geotechnical consultant should inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections should include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the placement of steel and concrete. The Consultant shall inspect final project drainage improvements for conformance with geotechnical recommendations. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the City Engineer for review prior to final (granting of occupancy) project approval. 19. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant’s review of the project prior to Zone Clearance. 20. The owner (applicant) shall enter into an Indemnity agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. PUBLIC WORKS 21. 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 to the new residence 22. Remove and replace existing dip and settled asphalt driveway approach with a new one conforming to existing adjoining grade. See Saratoga Standard details for removal and new installation. 23. All existing utilities to existing home (Gas, Electric, Water, Sewer) to be capped off prior to demolition of existing structures. Show on plan all new utilities services to the new residence. All utilities to the new residence shall be grounded. 24. Prior to the commencement of any earthwork/grading activities, the permittee 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 permittee shall arrange the pre- construction meeting at least 48 hours prior to the start of any earthwork/grading activities 25. The permittee shall maintain the streets, sidewalks and other public rights of way in a clean, Lands of Jadali 15142 Sobey Road- Application # PDR16-0016/ARB16-0037 Resolution #17-013 Page | 6 15 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. 26. The Project Civil Engineer designed this project to comply with the grading recommendations in the geotechnical report. 27. 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. 28. The site plan and associated calculations for storm water treatment measures shall remain in general 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. 29. All on site retaining wall elevations shall not have a difference of greater than 5 feet between top of wall and finish grade. 30. Construction Site Control • Owner shall implement construction site inspection and control to prevent construction site discharges of pollutants into the storm drains as Shown on Plan C1 the temporary erosion control during the construction of the new residence. • The City requires the construction site’s 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 on a monthly basis 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. 31. Prior to Building final, the grading, drainage and storm treatment plan including landscaping shall be completed per the approved Civil plans by GreenBluEarth Inc., BUILDING DEPARTMENT SUBMITTAL 32. 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. Lands of Jadali 15142 Sobey Road- Application # PDR16-0016/ARB16-0037 Resolution #17-013 Page | 7 16 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 Jadali 15142 Sobey Road- Application # PDR16-0016/ARB16-0037 Resolution #17-013 Page | 8 17 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REPORT Application No. ARB16-0037 Prepared by Kate Bear, City Arborist Site: 15142 Sobey Road Phone: (408) 868-1276 Owner: Dr. Michael and Sue Jadali Email: kbear@saratoga.ca.us APN: 397-07-065 Email: suejadalie@yahoo.com Report History: Final report Date: April 4, 2017 PROJECT SCOPE: The applicant has submitted plans to demolish the existing house and build a new two-story house with an attached three car garage, basement and cabana. The existing pool will be retained. Seventeen trees (19, 21, 26, 227, 229 – 240 and 246) are requested and approved for removal to construct the project. STATUS: Approved by City Arborist, with attached conditions. PROJECT DATA IN BRIEF: Tree bond – Required - $67,730 For trees 1 – 4, 8 – 18, 20, 22 – 24 and 241 – 245 Tree fencing – Required – See Conditions of Approval and attached map. Tree removals – Trees 19, 21, 26, 227, 229 – 240 and 246 are approved for removal and replacement once building permits have been issued. Replacement trees – Required = $16,780 ATTACHMENTS: 1 – Findings 2 – Tree Removal Criteria 3 – Tree Information 4 – Conditions of Approval 5 – Map Showing Tree Protection Attachment 2 18 15142 Sobey 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. Seventeen trees (19, 21, 26, 227, 229 – 240 and 246) are requested for removal to construct the project. 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 Comments 19 Coast live oak 1, 4, 7, 9 In conflict with house 21 Giant Sequoia 1, 4, 5, 7, 9 Poor health 227, 229 – 231, 233 – 237, 239, 240 Coast live oak 1, 4, 5, 7, 9 In conflict with new driveway, under PG&E lines 232 Valley oak 1, 4, 5, 7, 9 26, 238 Acacia 1, 4, 5, 7, 9 246 Black walnut 1, 4, 7, 9 In conflict with driveway 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 reports dated July 25, September 8 and December 5, 2016. The first two reports were by Deborah Ellis, the third was by Richard Gessner. It is acceptable to work with the Project Arborist, Richard Gessner, to determine which parts of the reports are to be included in the plans. 2) The Project Data in Brief, the Conditions of Approval, and the map showing tree protection from this report dated April 4, 2017. 19 15142 Sobey 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 necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the property. (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, particularly 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 beauty, 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, safety, or general welfare and the purposes of this ordinance as set forth in Section 15-50.010 (9) The necessity to remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. (10) The necessity 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. 20 15142 Sobey Road Attachment 3 TREE INFORMATION: Arborist Reports reviewed: Preparer: Deborah Ellis, Consulting Arborist and Horticulturist Dates of Reports: July 25 and September 8, 2016 Preparer: Richard Gessner, Monarch Consulting Arborists, LLC Date of Report: December 5, 2016 Arborist reports that inventoried 51 trees protected by Saratoga City Code were submitted for this project. Deborah Ellis prepared the original report and Richard Gessner has taken over as Project Arborist now that she has retired. Information on the condition of each tree, potential impacts from construction, suitability for preservation, appraised values and tree protection recommendations was provided. A table summarizing information about each tree is below. Seventeen trees (19, 21, 26, 227, 229 – 240 and 246) protected by Saratoga City Code are requested for removal to construct this project. Trees 222 and 225 are not protected by City Code and may be removed at any time without a permit. Table 1: List of trees and potential construction impacts. 21 15142 Sobey Road Attachment 3 Table 1 continued: List of trees and potential construction impacts. 22 15142 Sobey Road Attachment 3 Table 1 continued: List of trees and potential construction impacts. 23 15142 Sobey Road Attachment 3 Table 2: Appraised values for additional trees. 24 15142 Sobey Road Attachment 3 Table 2 continued: Appraised values for additional trees. 25 15142 Sobey Road 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 reports dated July 25, September 8 and December 5, 2016 prepared by Deborah Ellis and Richard Gessner shall become conditions of approval. 3. The arborist reports dated July 25, September 8 and December 5, 2016 shall be copied on to a plan sheet, titled “Tree Preservation” and included in the final job copy set of plans. It is acceptable to work with the Project Arborist on specific sections of each report to include in the final set of plans. 4. The Project Data in Brief, the Conditions of Approval, and the map showing tree protection from this report dated April 4, 2017 shall be copied onto a plan sheet and included in the final set of plans. 5. The designated Project Arborist shall be Richard Gessner, unless otherwise approved by the City Arborist. 6. Tree Protection Security Deposit a. Is required per City Ordinance 15-50.080. b. Shall be $67,730 for tree(s) 1 – 4, 8 – 18, 20, 22 – 24 and 241 – 245. 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. 26 15142 Sobey Road Attachment 4 9. The Project Arborist shall visit the site every two weeks during grading, trenching or other excavation activities and every month thereafter. Following visits to the site, the Project Arborist shall provide the City with a report including photos documenting the progress of the project and noting any tree issues. 10. The Project Arborist shall be on site to monitor: a. All work within 10 feet of trees 1, 3, 14, 18, 22, 23 and 241. b. Grading and addition of fill soil for new driveway by tree 18. c. Excavation and installation of new utilities. d. Removal and replacement of patio around pool by trees 1 and 3. e. Installation of retaining wall by tree 4, 14, 17 and 18. 11. 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. 12. 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. 13. 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. 14. Trenching to install utilities is not permitted inside tree protection fencing. 15. 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. 16. 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. 17. Trees 19, 21, 26, 227, 229 – 240 and 246 meet the criteria for removal and may be removed and replaced once Building Division permits have been obtained. 18. 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. 19. New trees equal to $16,780 shall be planted as part of the project before final inspection and occupancy of the new home. 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 27 15142 Sobey Road Attachment 4 20. At least 6 trees from the City’s list of native species shall be planted as part of the replacement trees. 21. At least 10 trees shall be planted in the front yard. 22. The rest of the replacement trees may be planted anywhere on the property as long as they do not encroach on retained trees. 23. Only drought tolerant plants that are compatible with oaks are permitted under the outer half of the canopy of oak trees on site. 24. Water loving plants and lawns are not permitted under oak tree canopies. 25. Should any tree be damaged beyond repair, new trees shall be required to replace the tree. If there is insufficient room to plant the necessary number of new trees, some of the value for trees may be paid into the City’s Tree Fund. 26. 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. 27. 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. 28 Attachment 5 Legend Tree Protection Fencing 15142 Sobey Road 29 CITY of SARATOGA 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 868-1247 MEMORANDUM TO: Iveta Harvancik, Senior Engineer DATE: August 17, 2016 FROM: City Geotechnical Consultant SUBJECT: Geotechnical Review (S5286) RE: Jadali, New Residence GEO16-0022 15142 Sobey Road At your request, we have completed a geotechnical peer review of the subject application using: •Final Report Geotechnical Investigation Study (report) prepared by GEC, dated June 10, 2016; •Civil Plans (3 sheets) prepared by Green Blue Earth, dated August 2, 2016; •Architectural Plans (5 sheets), prepared by DZ Design Associates Inc., dated August 2, 2016; and •Topographic Survey (1 sheet, 20-scale) prepared by TKM Land Surveyors, dated July 15, 2013. In addition, we have reviewed pertinent documents from our offices files and completed a recent site reconnaissance. DISCUSSION According to the referenced plans, the applicant proposes to demolish the existing residence and construct a new 2-story residence with a basement and 3 car garage. The applicant proposes to construct a new spa and exterior patios adjacent to the existing swimming pool. In addition to the existing driveway, a new driveway will be constructed extending from Sobey Road. Earthwork will consist of about 3,850 cubic yards of cut and about 1,230 cubic yards of fill. SITE CONDITIONS The subject property is situated on gentle to moderately steep (11 to 30 percent inclination) west-facing, natural hillslope topography. Previous site grading has resulted in a moderately steep (30 percent inclination) cut on the south side of the residence and a steep (50 percent inclination) fill slope on the north and northwest side of the residence. Site subsurface exploration performed by the Project Geotechnical Consultant encountered to the top of sandstone bedrock material between 2.5 and 3 feet below the surface. Surficial soils were determined to have low expansion potential (plasticity index of 18%). Drainage at the site is characterized by area drains and uncontrolled sheetflow to the west where it is intercepted by a broad drainage swale. Distress was noted around the existing swimming pool edge where previously patched cracks have re-opened. The property is underlain, at depth, by bedrock of the Santa Clara Formation (conglomerate, sandstone, and expansive claystone). The bedrock is overlain by potentially expansive sandy and clayey silt (colluvium). Attachment 3 30 Iveta Harvancik August 10, 2016 Page 2 S5286 The proposed building site is located within the "Sbr" ground movement potential category. "Sbr" is defined as: “Level ground to moderately steep slopes underlain by bedrock within approximately three feet of the ground surface or less." Portions of the property west of the proposed building area are mapped as “Ps” defined as: “Gently to moderately sloping hillsides underlain by relatively unstable material less than 10 feet in thickness that may be susceptible to shallow landsliding or creep”. Traces of the potentially active Shannon and Berrocal faults have been mapped approximately 1 mile northeast and 5000 feet southwest, respectively, of the property. The active San Andreas fault is located approximately 1.9 miles to the southwest. CONCLUSION The proposed development is potentially constrained by surficial soil creep and strong seismic ground shaking. The Project Geotechnical Consultant has performed a geotechnical ngineering investigation of site conditions and provided geotechnical design criteria that are in general conformance with prevailing standards. These recommendations include supporting the basement on a reinforced slab, and the at grade portions of the residence on spread footings extending into bedrock. We recommend approval of Project Geotechnical Clearance with the following conditions: 1. Geotechnical Plan Review - The applicant's geotechnical consultant should review and approve all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations, retaining walls and driveway) to ensure that their recommendations have been properly incorporated. If retaining walls are to be founded on drilled piers, then the consultant should provide supplemental recommendations for pier design. The results of the plan review shall be summarized by the geotechnical consultant in a letter and submitted to the City Engineer for review and approval prior to issuance of building permits. 2. Geotechnical Construction Inspections - The geotechnical consultant should inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections should include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the placement of steel and concrete. The Consultant shall inspect final project drainage improvements for conformance with geotechnical recommendations. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the City Engineer for review prior to final (granting of occupancy) project approval. LIMITATIONS This geotechnical peer review has been performed to provide technical advice to assist the City in its discretionary permit decisions. Our services have been limited to review of the documents previously identified and a visual review of the property. Our opinions and conclusions are made in accordance with generally accepted principles and practices of the geotechnical profession. This warranty is in lieu of all other warranties, either expressed or implied. TS:DTS:MMP:kc 31 Attachment 4 32 Attachment 5 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55