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HomeMy WebLinkAbout07-13-16 Planning Commission Agenda PacketSaratoga Planning Commission Agenda – Page 1 of 2 SARATOGA PLANNING COMMISSION REGULAR MEETING JULY 13, 2016 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 June 22, 2016. Minutes 062216 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 None 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 # PDR15-0040/GEO15-0023/ARB15-0082 20388 Hill Ave (517-18-069) TLT LLC Saratoga Planning Commission Agenda – Page 2 of 2 The applicant is requesting approval to construct a new two-story house with a basement. One protected tree is proposed for removal. Planning Commission design review is required because the proposed residence is two-story (Saratoga Municipal Code Section 15-45.060). Recommended Action: Adopt Resolution No. 16-019 approving the project subject to conditions of approval in included in Attachment 1. Staff Report Attachment 1- Resolution 16-019 Attachment 2- Arborist report Attachment 3-Neighbor notification form Attachment 4- Applicant's letter of justification Attachment 5- 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 July 7, 2016 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. Signed this 7th day of July 2016 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 Saratoga Planning Commission Agenda – Page 1 of 2 SARATOGA PLANNING COMMISSION REGULAR MEETING ACTION MINUTES JUNE 22, 2016 7:00 PM REGULAR MEETING Civic Theater | 13777 Fruitvale Avenue, Saratoga CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: Chair Dede Smullen, Vice Chair Tina Walia, Commissioners Sunil Ahuja, Kookie Fitzsimmons, Wendy Chang, Leonard Almalech ABSENT: Commissioner Joyce Hlava, excused ALSO PRESENT: Erwin Ordoñez, Community Development Director Nicole Johnson, Planner II APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of June 8, 2016. CHANG/ALMALECH MOVED TO APPROVE THE MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING OF JUNE 8, 2016. MOTION PASSED. AYES: WALIA, CHANG, ALMALECH, AHUJA, FITZSIMMONS. NOES: NONE. ABSENT: HLAVA. ABSTAIN: SMULLEN. 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. 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. 5 Saratoga Planning Commission Agenda – Page 2 of 2 1.1. Application PDR-16-0008, ARB16-0004, GEO16-0009/20100 Bonnie Brae Lane (517-22-011); Lee The applicant is requesting to demolish an existing house and construct a new one-story house with a basement. One protected tree is proposed for removal. Planning Commission design review is required because the proposed building is over 18 feet in height. Staff Contact: Nicole Johnson, Planner II (408) 868-1209 Recommended Action: Adopt Resolution No. 16-017 approving the project subject to conditions of approval included in Exhibit 1. ALMALECH/FITZSIMMONS MOVED TO ADOPT RESOLUTION NO. 16-15 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL INCLUDED IN ATTACHMENT 1. MOTION PASSED. AYES: SMULLEN, WALIA, ALMALECH, AHUJA, FITZSIMMONS, CHANG. NOES: NONE. ABSENT: HLAVA,. ABSTAIN: NONE. DIRECTOR ITEMS COMMISSION ITEMS ADJOURNMENT Meeting adjourned at 7:20 p.m. with well wishes for Commissioner Hlava. Minutes respectfully submitted: Janet Costa, Office Specialist III City of Saratoga 6 REPORT TO THE PLANNING COMMISSION 20388 HILL AVENUE 20388 HILL AVENUE Meeting Date: July 13, 2016 Application #: PDR15-0040/GEO15-0023/ARB15-0082 Address/APN: 20388 Hill Avenue (APN 517-18-069) Property Owner: TLT LLC Staff Planner: Nicole Johnson, Planner II 8 PROJECT DATA GROSS SITE AREA: 51,968 SQ. FT. (1.19 ACRES) NET SITE AREA: 29,023 SQ. FT. (0.66 ACRES) AVERAGE SLOPE: 24% GENERAL PLAN DESIGNATION: VERY LOW DENSITY RESIDENTIAL ZONING: R1-40,000 MAX. HEIGHT 26’ Area Maximum Existing Proposed Remaining Site Coverage 35% 0 25.50% 9.50% Floor Area (sq. ft.) 5,220 0 5,202 18 Basement - 0 2,480 * - *exempt per Municipal Code Section 15-06.090 BACKGROUND The subject 29,023 (net site) square foot property is vacant and located on the western side of Hill Avenue. This lot is one of five lots created when a subdivision of a 6.27 acre parcel was approved by the Planning Commission on October 24, 2012 (Reso#12-045). The surrounding uses consist of single family residences to the west, north, south and across Hill Avenue to the east. Code Requirements Planning Commission design review is required because the project consists of a new two story residence (Saratoga Municipal Code Section 15-45.060). PROJECT DESCRIPTION The applicant is proposing the construction of a new 5,202 square foot two story residence with a basement. The main floor is 2,590 square feet and includes a foyer, living room, family room, study, kitchen, breakfast nook, dining room, powder room, bedroom with bath, and a three-car garage. The second floor is 1,976 square feet and is comprised of three (3) bedrooms with bathrooms, laundry room, and a master suite with master bath. The basement is 2,480 square feet and includes a family room, exercise room, two (2) bedrooms, laundry room, wet bar, and a mechanical room. Architecture/Design The proposed house is a contemporary style and has been designed to generally fit the constraints of the site. The structure will be located on the flat portion of the site and a basement has been designed to be wholly underground. Report to the Planning Commission 20388 Hill Avenue – Application # PDR15-0040/GEO15-0023/ARB15-0082 July 13, 2016 Page | 2 9 The building foot print is rectangular in shape. The new residence has increased setbacks than what is required by City code. The second floor is a smaller footprint than the main level, and it is setback an additional 46’11” from the north (side) property line where 25’ is required. The proposed south side setback for the second floor is 26’2”. First Floor Setbacks Required Proposed Front (east) 30’ 35’4” Rear (west) 50’ 195’9” Side (north) 20’ 36’8” Side (south) 20’ 26’2” Second Floor Setbacks Required Proposed Front (east) 30’ 35’4” Rear (west) 60’ 204’7” Side (north) 25’ 46’11” Side (south) 25’ 26’2” The mass of the front façade is broken up by a one-story covered entry element that is flanked by two two-story projections which contain a living room and dining room on the first floor. The primary bedrooms on the second floor have been designed with covered balconies. In addition, the design of the home incorporates hipped tile roofs. These elements provide additional articulation and help minimize the overall massing and visual impact of the second story. An attached three-car garage is proposed on the the northern side of the house and provides additional articulation by off-setting the wall planes of the garage doors by 1’-7”, incorporating trellis elements above the garages doors, and providing a significantly increased setback for the second floor area. Access to all three levels of the home will be provided via an internal elevator and a main stairwell. The applicant has provided a color and materials board, which is on file with the Community Development Department and available for review. The following table lists the proposed exterior materials. Detail Colors and Materials Exterior “Intellectual Gray” stucco Windows/Doors Bronze Trim Gutter/Trim/Railing Urbane Bronze Roof Dark Gray color tiles Report to the Planning Commission 20388 Hill Avenue – Application # PDR15-0040/GEO15-0023/ARB15-0082 July 13, 2016 Page | 3 10 Lighting All proposed exterior light fixtures are designed to limit illumination to the site and avoid creating glare impacts to surrounding properties. Landscaping New landscaping includes 19 24-inch box “Saratoga” sweet bay trees, 6 36-inch box California pepper trees, 44 5-gallon shrubs of various species, and additional varied ground cover. Condition of approval #11 requires that the applicant shall demonstrate compliance with the State Water Efficient Landscape Ordinance when the application is submitted to the Building Department. Trees A 14-inch Larch tree, meeting the City Code thresholds for protection, is proposed for removal. The City Arborist has been able to make the findings and recommend approval for the removal of the requested tree. All protected trees to remain in the vicinity of the project will 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 $16,610 and install tree protection fencing 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). Geotechnical Review The City’s Geotechnical Consultant, Cotton, Shires and Associates has reviewed the proposed residence and Geotechnical Investigation provided by the applicant (Silicon Valley Soil Engineering). Cotton, Shires and Associates have indicated that the Project Geotechnical Consultant has adequately characterized site conditions and recommended approval with conditions (Conditions of Approval #’s 15 and 16). 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 contours of the site. The new residence is located on a flat portion of the property. 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. Report to the Planning Commission 20388 Hill Avenue – Application # PDR15-0040/GEO15-0023/ARB15-0082 July 13, 2016 Page | 4 11 This finding can be made in the affirmative in that the City Arborist has reviewed and recommends approval for the proposed removal of one (1) protected tree. 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 greater setbacks than the minimum required by the zoning district are proposed and the two story residence fits with the context of other large two story residences within its vicinity as noted by the staff report. 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 the two story residence is similar to the surrounding residences in the neighborhood. 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 install a variety of species of ground cover, shrubs and trees within the front setback area with minimal hardscape proposed. 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 has large setbacks from adjacent buildings; 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 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. Report to the Planning Commission 20388 Hill Avenue – Application # PDR15-0040/GEO15-0023/ARB15-0082 July 13, 2016 Page | 5 12 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 because the lot is not a hillside lot. It would not impact community viewsheds. Neighbor Notification and Correspondence The applicant submitted one neighbor notification form who had concerns about construction hours and dust control during construction (Attachment 3). Condition of Approval number 8 addresses these issues (Attachment 1). A public notice for the July 13, 2016 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 additional 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. 16-019 approving the project subject to conditions of approval in included in Attachment 1. ATTACHMENTS: 1. Resolution of Approval No. 16-019 2. Arborist Report dated March 28, 2016 3. Neighbor Notification Forms received January 4, 2016 4. Applicant’s Letter of Justification dated June 21, 2016 5. Development Plans (date stamped June 23, 2016) Report to the Planning Commission 20388 Hill Avenue – Application # PDR15-0040/GEO15-0023/ARB15-0082 July 13, 2016 Page | 6 13 RESOLUTION NO: 16-019 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING DESIGN REVIEW PDR15-0040, GEOTECHNICAL CLEARANCE GEO15- 0032 AND ARBORIST REPORT ARB15-0082 20388 HILL AVENUE WHEREAS, on November 12, 2015 an application was submitted by TLT LLC requesting Design Review approval to construct a new 5,202 square foot two-story home with a 2,480 square foot basement, and associated site improvements located at 20388 Hill Avenue. The maximum height of the proposed residence is approximately 26 feet. One protected tree (Larch) is proposed for removal. The site is located within the R-1-40,000 Zoning District (APN 517-18-069). 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 July 13, 2016, 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, ATTACHMENT 1 14 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 PDR15-0040, GEO15-0023 and ARB15-0082 located at 20388 Hill Avenue, 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 13th day of July 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ DeDe Smullen Chair, Planning Commission Lands of TLT LLC 20388 Hill Avenue- Application # PDR15-0040/GEO15-0023/ARB15-0082 Resolution #16-019 Page | 2 15 Exhibit 1 CONDITIONS OF APPROVAL PDR15-0040, GEO15-0023, and ARB15-0082 20388 HILL AVENUE (APN 517-18-069) 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. Lands of TLT LLC 20388 Hill Avenue- Application # PDR15-0040/GEO15-0023/ARB15-0082 Resolution #16-019 Page | 3 16 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 5. 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. 6. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated stamped June 23, 2016. 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. 7. 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. 8. 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. 9. 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 TLT LLC 20388 Hill Avenue- Application # PDR15-0040/GEO15-0023/ARB15-0082 Resolution #16-019 Page | 4 17 10. All fences, walls and hedges not in connection with the proposed fence exception shall conform to height requirements provided in City Code Section 15-29. 11. 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. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. e. Any proposed or required under grounding of utilities shall take into account potential damage to roots of protected trees 12. Prior to issuance of Building Permits and Final Inspection/Occupancy, the applicant shall videotape the surface of the roadway that provides access to the Hill Avenue project site. A copy of the recordings shall be retained by the Community Development Department. Any damage to the roadway caused by project related construction shall be repaired by the applicant prior to building permit final. FIRE DEPARTMENT 13. The owner/applicant shall comply with all Fire Department requirements. ARBORIST 14. All requirements in the City Arborist Report dated March 28, 2016 are hereby adopted as conditions of approval and shall be implemented as part of the approved plans. GEOLOGIST 15. The applicant's Geotechnical Consultant shall review and approve all geotechnical aspects of the development plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations, and retaining walls) to ensure that their recommendations have been properly incorporated. The Consultant shall specifically verify that bioretention basin design is consistent with geotechnical design recommendations. Results of the Geotechnical Plan Review should be submitted to the City for review by the Lands of TLT LLC 20388 Hill Avenue- Application # PDR15-0040/GEO15-0023/ARB15-0082 Resolution #16-019 Page | 5 18 City Engineer prior to issuance of building permits. 16. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for retaining walls and basement prior to the placement of steel and concrete. The Consultant shall inspect construction of the bioretention basin and verify that anticipated stable earth materials are present at and adjacent to the drainage facility site. The results of these inspections and the as-built conditions of the project shall be described by the Project Geotechnical Engineer in a letter and submitted to the City Engineer for review prior to final (as-built) project approval. 17. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant’s review of the project prior to Zone Clearance. 18. The owner (applicant) shall enter into 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 19. 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. 20. The property is subject to existing Covenant and Agreement for Stormwater Treatment Measures Construction, Inspection and Maintenance by and between the City of Saratoga, California, and MTNRMT, LLC, for Property Located at 20400 Hill Avenue, Saratoga, CA dated May 15, 2013 and filed for recordation June 17, 2013. 21. Project grading and drainage plan that includes proposed stormwater bioretention basin shall be reviewed and approved by the Project Geotechnical and Geologic consultants. Approval letter from both consultants shall be submitted to the City before building permit issuance. 22. The applicant shall install 24-inch wide swale along the property frontage at the edge of existing asphalt access roadway. 23. The applicant shall inspect and clean existing catch basin on the property prior to construction. Catch basin shall be protected and maintained during construction to prevent sediment from enter it. The catch basin shall be cleaned again after the construction. 24. The applicant shall inspect and clean existing dry well on the property prior to construction. The dry well shall be protected and maintained during construction to prevent sedimentation. The Lands of TLT LLC 20388 Hill Avenue- Application # PDR15-0040/GEO15-0023/ARB15-0082 Resolution #16-019 Page | 6 19 dry well shall be cleaned and tested again after the construction. If the dry well is not functioning properly at the end of construction, the applicant shall replace the dry well media per original design. BUILDING DEPARTMENT SUBMITTAL 25. 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 TLT LLC 20388 Hill Avenue- Application # PDR15-0040/GEO15-0023/ARB15-0082 Resolution #16-019 Page | 7 20 Tree bond – Required - $16,610 For trees 843 – 846, 851 and 993 – 999 Tree fencing – Required – See Conditions of Approval and attached map. Tree protection fencing is to be shown on the Site Plan. Tree removals – Tree 813 is approved for removal once building permits have been issued. Replacement trees – Required = 1 tree in a 24 inch box sized container Co mmun it y Development Depa rtment City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REPORT Application No. ARB15-0082 Prepared by Kate Bear, Cit y Arborist Site: 20388 Hill Avenue Phone: (408) 868-1276 Owner: TLT LLC (Jeff Bonakdar) Email: kbear@saratoga.ca.us APN: 517-18-069 Email: p.tltllc@gmail.com Report History: Report 1 Date: Plans received November 10, 2015 Report completed December 11, 2015 Report 2 – This report replaces report 1 Revised plans received February 10, 2016 Report completed March 28, 2016 PROJECT SCOPE: The applicant has submitted plans to the City to build a new two story house with a basement on a vacant lot. One tree protected b y Saratoga Cit y Code is requested for removal and replacement as part of the project, and meets the City’s criteria allowing it to be removed once building permits for the project have been issued. STATUS: Approved by City Arborist, with attached conditions. PROJECT DATA IN BRIEF: ATTACHMENT 2 21 20388 Hill Avenue FINDINGS: Tree Removals Whenever a tree is requested for removal as part of a project, certain findings must be made and specific tree removal criteria met. One western larch (tree 813) is in conflict with the driveway, 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. Criteria met Criteria not met 813 1, 4, 6, 7, 9 2, 3, 5, 8, 10 Replacement Trees The total appraised value of tree 813 is $515. One 24 inch box container-sized tree will be required as a condition of the project and may be planted anywhere on the propert y. Replacement values for trees are listed below. Replacement Tree Values: 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 New Construction Based on the information provided, and as conditioned, this project does 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. The submitted arborist report, once included in the final set of plans, will satisfy this requirement. This report shall also be included in the final set of plans. ATTACHMENTS: 1 – Plans Reviewed and Tree Information 2 – Tree Removal Criteria 3 – Conditions of Approval 4 – Map of Site showing tree locations and tree protective fencing 22 20388 Hill Avenue PLAN REVIEW: Architectural Plans reviewed: Preparer: Robin McCarthy, Architect Date of Plans: November 10, 2015, revised February 10, 2016 Sheet CS Cover Sheet Sheet A1 Site Plan Sheet A2 Main Floor Plan Sheet A3 Upper Floor Plan Sheet A4 Basement Floor Plan Sheets A6 and A7 Elevations Sheet A8 Sections Civil Plans reviewed: Preparer: A, C & H Civil Engineers Date of Plans: October 20, 2015, revised to add trees Sheet 15-110 Grading and Drainage Plan Landscape Plans reviewed: Preparer: Ambience Garden Design Date of Plans: November 10, 2015, revised January 19, 2016 Sheet T – 1 Cover Sheet Sheet L – 1 Hardscape Plan Sheet L – 2 Planting Plan Sheet L – 3 Hydrozone Plan Sheet L – 4 Irrigation Plan TREE INFORMATION: Arborist Report reviewed: Preparer: Richard Gessner, Monarch Consulting Arborists, LLC Date of Report: November 6, 2015, addendum added January 27, 2016 An arborist report was submitted to the City for this project that inventoried 13 trees protected b y Saratoga City Code. Information on the condition of each tree, potential impacts from construction, suitability for preservation, appraised values and tree protection recommendations was provided. Attachment 1 23 20388 Hill Avenue One western larch (tree 813) protected by Saratoga City Code is requested for removal to construct this project. It meets the City’s criteria allowing its removal and replacement with new trees as part of the project. Table 2: List of trees and appraised values from submitted arborist report Tree No. Species Trunk Diam eter (inch es) Canopy Spread Condition Intensit y of Construction Impacts Appraised value 844 Coast live oak Quercus agrifolia 18 30 Fair Moderate $4,220 845 Coast live oak Quercus agrifolia 18 35 Fair Moderate $4,220 846 Coast live oak Quercus agrifolia 26 25 Fair Moderate $8,700 851 Coast live oak Quercus agrifolia 46 45 Fair Moderate $22,800 843 Coast live oak Quercus agrifolia 22 35 Fair Low $4,970 813 Larch Larix occidentalis 14 20 Fair High $515 993 Red gum Eucalyptus camaldulensis 10 Not listed Fair Low $620 994 Red gum Eucalyptus camaldulensis 10 Not listed Fair Low $1,200 995 Valley oak Quercus lobata 8 Not listed Fair Low $620 996 Red gum Eucalyptus camaldulensis 10 Not listed Fair Low $620 997 Red gum Eucalyptus camaldulensis 10 Not listed Fair Low $620 998 Red gum Eucalyptus camaldulensis 10 Not listed Fair Low $620 999 Red gum Eucalyptus camaldulensis 10 Not listed Fair Low $620 24 20388 Hill Avenue 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 an y 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 utilit y 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 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, 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 beaut y, propert y 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 necessity 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 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. Attachment 2 25 20388 Hill Avenue 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 November 6, 2015 and addendum dated January 27, 2016 prepared by Richard Gessner of Monarch Consulting Arborists LLC, shall become conditions of approval. 3. The arborist reports dated November 6, 2015 and January 27, 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 shall also 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 $16,610 be for tree(s) 843 – 846, 851 and 993 – 999. c. Shall be obtained by the owner and filed with the Communit y Development Department before obtaining Building Division permits. d. May be in the form of cash, check, credit card pa yment 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 established prior to the arrival of construction equipment or materials on site. c. 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. d. Shall be posted with signs saying “TREE PROTECTION FENCE - DO NOT MOVE OR REMOVE WITHOUT APPROVAL FROM CITY ARBORIST, KATE BEAR (408) 868-1276”. e. Call Cit y 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. f. 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 week during grading activities and monthly 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. Attachment 3 26 20388 Hill Avenue 10. The Project Arborist shall be on site to monitor all work within: a. 20 feet of tree 851 b. 15 feet of trees 843 and 846 c. 10 feet of trees 844, 845 and 995 11. The Project Arborist shall supervise: a. Excavation for the basement. b. Excavation for the drainage dissipater pit and bio-swale by trees 993 – 999. c. Location and installation of utility connections. Utilities include gas, electrical, sewer, water, irrigation and storm drainage. 12. 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. 13. 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. 14. 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. 15. Trenching to install utilities is not permitted inside tree protection fencing, including for irrigation. All valves, controllers, main and lateral lines shall remain outside of tree protection fencing. 16. 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. 17. 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. 18. Tree 813 meets the criteria for removal and may be removed and replaced once Building Division permits have been obtained. 19. 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 qualit y, 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. 20. One replacement tree from a 24 inch box container (or larger) shall be planted as part of the project before final inspection and occupancy of the new home. New trees may be of an y species. 27 20388 Hill Avenue 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. 23. Should any tree be damaged beyond repair, new trees shall be required to replace the tree. If there is insufficient room to plant new trees, some or all of the replacement value for trees shall be paid into the Cit y’s Tree Fund. 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 24. Following completion of the work around trees, and before a final inspection of the project, the applicant shall provide a letter to the Cit y 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. 28 Attachment 4 20388 Hill Avenue 845 846 844 843 847 851 993 994 892 995 998 996 997 999 Legend Tree Canopy Tree Protection Fencing 9 29 30 Robin A. McCarthy. AIA. CGBP robin@archstudioinc.com 1155 Meridian Avenue, 208, San Jose, CA 95125 cell 408.859.8723 Date: June 21, 2016 To: Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Application No.: PDRlS-0040, GEOlS-0023 AND ARBlS-0082 - 20388 Hill Avenue Re: Letter of Justification for the proposed residence located at 20388 Hill Avenue, Saratoga, CA 95070 (APN-517-18-069) Attn: Planning Staff and Commission: Our client, Mr. Jeff Bonakdar (TLT, LLC), intends to build a new home in Saratoga. Mr. Bonakdar is a custom home developer who has been building custom homes in the Bay Area for many years. He is known for his high quality custom built residences throughout Atherton and the greater peninsula with his attention to high quality materials and designs. The proposed home reflects these requirements. After the initial design in December 2015, when plans were submitted for Planning Review, we sent plans to all of the surrounding neighbors for review and comments. To date, we have not received comment from any of the neighbors except one neighbor who only showed concern about the cleanliness of the future construction jobsite. My client fully intends to respectfully respond, and keep his jobsite clean and tidy. We have considered the guidelines outlined in the City's Residential Design Handbook dated February 19, 2014 for the City of Saratoga. We believe that the Planning Staff can make the "Design Review Findings" necessary to support design approval. The following information gives a general description of the project along with the compliance measures to validate reasons for support of this new residential project. Site Properties, Planning, and, Neighborhood Context: The vacant lot located at 20388 Hill Avenue is currently surrounded by five other vacant lots. It offers great valley views to the east and to the west. The site is located in the Rl-40 Single-Family Residential Zone and is approximately 1gross acre, however, over half of the lot has an average slope of 24% and is not suitable for development. The previous owner (s) of the property graded a building pad near the roadway easement of Hill Avenue suitable for the construction of the proposed project. There is a nice solar orientation to the existing building pad with beautiful heritage oak live trees located on the downslope of the building pad. ATTACHMENT 4 See my work at archstudioinc.com 31 Robin A. McCarthy. AIA. CGBP robin@archstudioinc.com 1155 Meridian Avenue, 208, San Jose, CA 95125 cell 408.859.8723 There are no residences in the immediate vicinity of the property. Most of the nearby properties are vacant, city owned or 1-acre or greater properties. The nearby neighborhood context is varied with a mix of transitional, traditional and more modern styles sprinkled throughout the surrounding neighborhood. There is also a good mix of single-story and two-story homes of similar size as to the new residence proposed. Many of the neighboring homes have prominent facades facing the streets, and 3-car parking garages. General Description of the Proposed Design: The proposed design is a new two-story home (4,566 square feet), three-car garage {636 square feet), and full basement (2,480 square feet). The main floor of the home at street level contains the main living spaces; kitchen, breakfast room, living room, dining room, office, guest suite, powder room, and 3-car parking garage. The upper level contains three private bedroom suites, laundry room, and master bedroom suite with balcony. The lower level contains family room/ theater, wet bar, dining area, wine cellar, laundry room, exercise room, two bedroom suites, powder room, and equipment room with storage. There will be a 3-stop elevator. Site Development and Integration with the Environment: The proposed residence is designed to follow the natural contour of the existing property and building pad with only excavation for a basement lower level. The primary exterior siding material is a warm gray I earth tone taupe colored cement plaster "old world" smooth finish. The roof color shall be charcoal slate style concrete tile. The window and door frames shall be a dark bronze finish with bronze accents for guard railing and lighting. The driveway shall have warm earth tone pavers, and natural limestone tiles at all other patios. The colors proposed are meant to blend and recede into the earth tone surrounding landscape. The height of the home meets the zoning guidelines at 26 feet maximum. The intention of the proposed residence is a transitional two-story design with clean, simple lines, and some traditional design elements in the roof tile and overall design of the home. There are some single-story elements at the front porch and garage along with a varied front wall line used to vary the fa ade and minimize the bulk and mass of the home. The landscape design is water efficient and provides some screening trees and vegetation. No lawns are proposed. Existing runoff patterns are preserved and away from native trees and shrubs. No trees are proposed for removal. Preservation of Protected Trees: Several Coast Live Oak trees occupy the property along with many Red Gum trees on the downslope of the property. No trees on the property shall be removed for this project. The lower level of the home See my work at archstudioinc.com 32 Robin A. McCarthy. AIA. CGBP robin@archstudioinc.com 1155 Meridian Avenue, 208, San Jose, CA 95125 cell 408.859.8723 at the basement has a large light well that is designed as a patio. The patio and retaining walls are designed as an organically shaped curve to soften the edges near the old mature trees. We have an arborist, Richard J. Gessner from Monarch Consulting Arborists LLC, who has prepared an Arborist Report for the project dated January 27, 2016. We have worked closely with the Town Arborist, Kate Bear, to locate and build retaining walls away from these trees, and have developed the landscape plan with appropriate natural design to suit the natural terrain of the property. Preserving Views and Access to Views: The proposed design of the new residence is situated near Hill Avenue on the upslope of a 1-acre property, and will not interfere with the views of any neighbors. The views are to the valley to the east and west of the property. The rear property adjacent to this property is not in conflict with this property as it is on the downslope and heavy with vegetation and trees. The rear parcel is not currently residential property. There is also no interference with access to views since no one will need to cross this property for access to any easement. Conclusion: It is the Client's directive that this residence be of a very high quality design and construction, and enhance respect Saratoga's community. We are confident that this home will increase the values of nearby properties, and will be a benchmark for outstanding design as other homes in the Montalvo and other Saratoga neighborhoods. We respectfully ask for the Planning staff and Commission for support and approval of this project. For additional comments or questions, please contact me at 408-859-8723. Sincerely, Robin A. McCarthy, Architect Lic.No.C29767 Arch Studio, Inc. 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