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HomeMy WebLinkAbout09-14-16 Planning Commission Agenda PacketSaratoga Planning Commission Agenda – Page 1 of 3 SARATOGA PLANNING COMMISSION REGULAR MEETING SEPTEMBER 14, 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 August 24, 2016 08242016 Action Minutes 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 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. Saratoga Planning Commission Agenda – Page 2 of 3 2.1. Application #PDR16-0013 14493 Big Basin Way/APN 503-24-064 Gin Lee/Thomas Liu Recommended Action: Adopt Resolution No. 16-022 approving the project subject to recommended conditions of approval. Staff Report - 14493 Big Basin Way Attachment 1 - Resolution of Approval Attachment 2- Neighbor Notification Forms Attachment 3 -Story Pole Certification Letter – 14493 Big Basin Way Attachment 4 - HPC Recommendation (3/29/16 HPC Minutes) Attachment 5 - Development Plans (Exhibit "A") 2.2. Zoning Ordinance Amendment (ZOA 16-0001) Amendment of City Code Articles 15-12 and 15-30 (Code Enforcement related to storage of personal property and materials; and signs) Recommended Action: Adopt an ordinance which includes various changes to Articles 15-12 and 15-30 of the Saratoga City Code (Code Enforcement related to storage of personal property and materials; and signs). PC Staff Report-Code Enforcement Attachment 1 - Resolution for Approval with the following Attachment: Exhibit A – Draft Ordinance 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 September 8, 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 8th day of September 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] Saratoga Planning Commission Agenda – Page 3 of 3 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 3 SARATOGA PLANNING COMMISSION REGULAR MEETING ACTION MINUTES AUGUST 24, 2016 7:00 PM PLANNING COMMISSION 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 Sung Kwon, Senior Planner APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of July 13, 2016. WALIA/FITZSIMMONS MOVED TO APPROVE THE MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING OF JULY 13, 2016. MOTION PASSED. AYES: SMULLEN, WALIA, CHANG, ALMALECH, AHUJA, FITZSIMMONS. NOES: NONE. ABSENT: HLAVA. ABSTAIN: NONE. 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 5 Saratoga Planning Commission Agenda – Page 2 of 3 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 FER16-0001; 15888 Cuvilly Way/ (517-13-029); Lands of Korobitsyna The applicant is requesting approval of a fence height exception for a 6-foot tall wood fence along the Norton Road right of way (continued from March 19, 2016). Recommended Action: Adopt Resolution No. 16-008 approving the project subject to conditions of approval in included in Attachment 1. WALIA/FITZSIMMONS MOVED TO ADOPT RESOLUTION NO. 16-008 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. 2.2. Application PDR15-0039/ARB15-0081; 13175 Paramount Drive (503-19-122); Lands of Luo The applicant is requesting approval of a new two-story residence and attached garage with a maximum height of 26 feet. 14 protected trees are proposed to be removed with this application. The applicant is also proposing a swimming pool and a sports court. Recommended Action: Adopt Resolution No. 16-020 approving the project subject to conditions of approval in included in Attachment 1. FITZSIMMONS/ALMALECH MOVED TO ADOPT RESOLUTION NO. 16-020 APPROVING THE PROJECT SUBJECT TO AMENDED CONDITION OF TREES AND ROOF TILE; BARREL TILE, NOT RED, EARTH TONE IN COLOR . MOTION PASSED. AYES: SMULLEN, WALIA, ALMALECH, AHUJA, FITZSIMMONS, CHANG. NOES: NONE. ABSENT: HLAVA,. ABSTAIN: NONE. 2.3. Application PDR 16-0014; 14011 June Way (397-25-068); Sindhu Subramanyam and Sandeep Bharathi The applicant is requesting approval of a new two-story residence and attached garage with a maximum height of 26 feet. This project originally received administrative design review approval for an addition to an existing house; however, the existing home was demolished without City approval. Planning Commission review is required for the two-story replacement structure. 6 Saratoga Planning Commission Agenda – Page 3 of 3 Recommended Action: Adopt Resolution No. 16-021 approving the project subject to conditions of approval in included in Attachment 1. WALIA/ALMALECH MOVED TO CONTINUE TO SEPTEMBER 28, 2016. WORK WITH STAFF: 1) BULK AND MASS APPEARANCE 2) MINIMIZE PRIVACY IMPACTS WITH ALL NEIGHBORS 3) INCLUDE SCREENING ON BACK AND SIDE PROPERTY LINES 4) CONSTRUCTION MITIGATION MOTION PASSED. AYES: SMULLEN, WALIA, ALMALECH, AHUJA, FITZSIMMONS, CHANG. NOES: NONE. ABSENT: HLAVA,. ABSTAIN: NONE. DIRECTOR ITEMS COMMISSION ITEMS ADJOURNMENT Meeting adjourned at 10:23 p.m. Minutes respectfully submitted: Janet Costa, Office Specialist III City of Saratoga 7 REPORT TO THE PLANNING COMMISSION Meeting Date: September 14, 2016 Application: PDR16-0013 Location / APN: 14493 Big Basin Way/APN 503-24-064 Owner / Applicant: Gin Lee/Thomas Liu Staff Planner: Sung H. Kwon, Senior Planner 9 2 | P a g e 14493 Big Basin Way SUMMARY PROJECT DESCRIPTION The applicant is requesting design review approval for a façade improvement and a 302 square foot second story residential addition to an existing mixed use development. The slope of the site is relatively flat. STAFF RECOMMENDATION Adopt Resolution No. 16-022 approving the project subject to recommended conditions of approval. Planning Commission Design Review approval is required because the project includes an expansion to a mixed use development. (Saratoga Municipal Code Section 15- 46.020(a)(7).) PROJECT DATA Site Area: 4,292 sf net Grading: None General Plan Designation: Commercial Historic (CH-1) Zoning: Commercial Retail (CR) Existing Proposed Allowed/Required Total Site Coverage 3,425 sf (79.8%) 3,425 sf (79.8%) 3,433 sf (80%) Height Highest Elevation Point: Lowest Elevation Point: Average Elevation Point: Proposed Topmost Point: 499.09 498.78 498.93 521.93 (23’) 499.09 498.78 498.93 521.93 (23’) 35’ Maximum Setbacks Front: Corner side (left): Interior side (right): Rear: 1.3 ft. 0 ft. 4.7 ft. 0 ft. 1.3 ft. 0 ft. 0 ft. (Second Floor Only) 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. PROJECT DESCRIPTION/DISCUSSION SITE AND NEIGHBORHOOD DESCRIPTION The 4,292 square foot property is located at 14493 (and 14495) Big Basin Way. The Saratoga Village consists of a mix of single-story and two-story commercial and mixed use developments with various architectural styles. Many of the structures in the area are on the Saratoga Historic Resources list. 10 3 | P a g e ARCHITECTURAL DESIGN The existing structure is the “Hutchinson Building.” As noted in the Historic Resource Survey, the structure is a modern stucco building that encapsulates a significant nineteenth- century stone structure. The building was heavily altered in the late 1940’s or early 1950’s and again recently. The current storefronts are mostly clad with stucco. A Mid-century awning has been replaced by a cloth awning. The façade improvement would add wood siding to the portions of the second floor. A stucco clad deck is also proposed on the second floor. Wood posts are proposed as part of the front façade improvements of the first floor. The second story addition increases the size of the living room and a hallway. The design of the second story addition and façade improvements provides a contrast from the portion of the building at 14495 Big Basin Way that would maintain the stucco cladding and the portion of the façade improvement on the 14493 Big Basin Way portion of the building. The façade improvement provides a more contemporary design to the structure. This addition does not trigger a need for more parking, as parking requirements are based on the number of residential units. As the addition does not affect the ground floor site coverage, no additional open space is required. The applicant has provided a color and materials board, which is on file with the Community Development Department and available for review. Below is a list of the proposed exterior materials. LANDSCAPING No trees are proposed for removal. HERITAGE PRESERVATION COMMISSION The Heritage Preservation Commission recommended approval of the design on March 29, 2016 with three conditions. These conditions have been added to Resolution No. 16- 023. NEIGHBOR NOTIFICATION AND CORRESPONDENCE The applicant submitted neighbor notification forms with the previous administrative design review application (Attachment 2). Public notices were sent to property owners Detail Colors and Materials Exterior Stucco (Cream) and Wood Siding (Brown) Parapet Top Board Stucco (Cream) and Pre-finished Wood (Brown) Metal Planting Box Black Wood Columns Brown New Deck Stucco (Cream) 11 4 | P a g e within 500 feet of the site. As of the writing of this Staff report there have been no comments from the neighbors. DESIGN REVIEW FINDINGS The findings required for issuance of a Design Review Approval pursuant to City Code Section 15-46.040 are set forth below and the applicant has met the burden of proof to support making all of those required findings: (a) Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color and appurtenances. The project meets this finding because no additional buildings are proposed. (b) Where more than one sign will be erected or displayed on the site, the signs shall have a common or compatible design and locational positions and shall be harmonious in appearance. The project meets this finding because no signs are proposed as part of this project. (c) Landscaping shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. The project meets this finding because no trees will be removed and no new landscaping is proposed. (d) Colors of wall and roofing materials shall blend with the natural landscape and be nonreflective. The project meets this finding because the addition and faced improvements will include non-reflective brown siding and wood posts. (e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. The project meets this finding because the parapet roof would be a brown color. This parapet roof would be extended along the portions of the addition. No mechanical equipment is proposed on the roof. (f) The proposed development shall be compatible in terms of height, bulk and design with other structures in the immediate area. The project meets this finding because the addition does not exceed the height of the existing structure and is below the allowed 35 feet height limit. The structure to the left of the subject site is taller because of the gable roof. The structure to the right also has a parapet roof which is slightly lower than the roofline of the existing structure. 12 5 | P a g e ENVIRONMENTAL DETERMINATION The project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15301, “Existing Facilities”, Class 1 (e) of the Public Resources Code (CEQA). This exemption allows for the addition of 2,500 square feet or 50% of floor area, whichever is less. ATTACHMENTS 1. Resolution of Approval 2. Neighbor Notification Forms 3. Story Pole Certification Letter – 14493 Big Basin Way 4. HPC Recommendation (3/29/16 HPC Minutes) 5. Development Plans (Exhibit "A") 13 1 RESOLUTION NO: 16-022 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING DESIGN REVIEW PDR 16-0013 LOCATED AT 14493 BIG BASIN WAY WHEREAS, on July 19, 2016, an application was submitted by Thomas Liu requesting a façade improvement and a 302 square foot second story residential addition to an existing mixed use development. The height of the proposed residence is approximately 23 feet. The site is located within the CH-1 Zoning District (APN 503-24-064). WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine this project exempt. WHEREAS, on September 14, 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 15301, “Existing Facilities”, Class 1 (e) of the Public Resources Code (CEQA). This exemption allows for the addition of 2,500 square feet or 50% of floor area, whichever is less. Section 3: The project is consistent with the Saratoga General Plan Policies LU 2.4 in that the City shall work with commercial property owners and merchants to encourage appropriate modernization and upgrading of retail establishments consistent with the historic character of the community to provide a pleasant shopping experience. Section 4: The project is consistent with the Saratoga City Code in that the design, conditional use, proposed signs are consistent with the required findings in that the project’s architectural features shall be harmonious with the existing building; the proposed signage maintains a compatible theme and position; the proposed colors are non-reflective; the proposed use are in accord with the Zoning Ordinance; and the proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Section 5: The City of Saratoga Planning Commission hereby approves PDR16-0013 located at 14493 Big Basin Way, subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. Attachment 1 14 2 PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 14th day of September 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ DeDe Smullen Chair, Planning Commission 15 3 Exhibit 1 CONDITIONS OF APPROVAL PDR16-0013 14493 BIG BASIN WAY (APN 503-24-064) GENERAL 1. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner’s successors in interest for such time period. No zoning clearance, or demolition, grading for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent or other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content to the Community Development Director. If a condition is not “Permanent” or does not have a term specified, it shall remain in effect until the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent. 2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this approval is duly executed, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the City certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 3. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga City Code incorporated herein by this reference. 4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. 16 4 COMMUNITY DEVELOPMENT 5. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A" dated August 10, 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. 6. Changes to the Plans. Any significant changes the plans, including changing the stucco on other parts of the building will require Heritage Preservation Commission and Planning Commission Review. 7. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public right-of-way. 8. Maintenance of Construction Project Sites. Because this Design Review Approval authorizes a project which requires a Building Permit, compliance with City Code Section 16- 75.050 governing maintenance of construction project sites is required. 9. Construction Management Plan. Prior to Building Permit issuance 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. 10. Fences, Walls and Hedges. 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. Noise and Construction Hours. 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. HERITAGE PRESERVATION COMMISSION 12. Architectural Elements shown on the plans shall be installed to the scale shown on the plans. 13. The planters on the historic portion of the building (14495 Big Basin Way) shall be removed. 17 5 14. The planter box proposed on the second floor shall not have a bottom. PUBLIC WORKS 15. Applicant (owner) shall obtain an encroachment permit from Caltrans for any and all improvements in the Big Basin Way prior to commencement of the work in the roadway. Existing sidewalk fronting the property do not need any improvement. 16. Existing tree roots are uplifting the curbs and adjoining pavers. Verify in field without cutting the roots. Curb may need to be replaced and repainted. Same footprints as original curb. 17. Restripe existing parking including the hatched section on the property SUBMITTAL 18. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the 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. ****************** END OF CONDITIONS OF APPROVAL ****************** 18 Attachment 2 19 Attachment 3 20 City of Saratoga H ERITAGE P RESERVATION C OMMISSION MINUTES Page 1 of 2 Date: Tuesday, March 29, 2016 / 8:30 A.M. Type: Special Meeting Place: City Hall /Administrative Conference Room - 13777 Fruitvale Avenue 1. Site Visit: No Site Visit 2.Routine Organization: a.Roll Call Present: Cappello, Conrado, Marchetti, Nugent, Shah, Stransky Absent: Schuck Staff: Ordonez, Baily b.Review of minutes from March 8, 2016 meeting. Cappello/Stransky moved to approve the March 8, 2016 minutes with a correction under Commissioner comments. Ayes: Cappello, Conrado, Marchetti, Nugent, Stransky, Noes: None Recused: Shah c.Posting of Agenda – Pursuant to Government Code Section 54954.2, the agenda was properly posted on March 24, 2016. Baily reported the posting of the agenda. d.Non-Agendized Communications - Any member of the public may address the Commission about any matter not on the agenda for this meeting for up to three minutes. None e.HPC direction to staff regarding non-agendized communications - Commissioners may not comment on the matter but may choose to place the topic on a future agenda. None 3. New Business: a. 14493-95 Big Basin Way (Hutchinson Building) (Continued Item) – The City has received revised plans for a request to review an exterior 2nd story addition at 14493- 14495 Big Basin Way. The property is currently listed as a “Heritage Resource” within the City of Saratoga – Heard out of order as second new business item. Shah moved to recommend approval with the modification that the balcony door be moved to the side elevation. Motion died due to lack of a second. Cappello moved to recommend approval of the plans with the direction that the architectural elements shown on the plan be installed to the scale shown on the plans. Conrado seconded. Nugent Attachment 4 21 Page 2 of 2 asked the maker of the motion if it would be acceptable to remove the proposed planters on the historic portion of the building. Cappello and Conrado accepted to incorporate the planter removal in their motion. Stranksy asked the maker of the motion if it would be acceptable to require that the decorative planters on the second level of the newer building not have a bottom. Cappello and Conrado accepted to incorporate no bottom permitted in the decorative planter. Motion passed on a 4 to 1 vote. b. Review of Commercial Design Guidelines/Village Plan – Heard out of order as first new business item. Ordonez summarized the background, explained the design review process and role of the HPC as a recommending body. Ordonez encouraged the Commission to review the design guidelines in preparation of the April 27, 2016 joint meeting. 4. Commissioner Comments –  Commission suggested developing a spreadsheet to keep track of their work items. Cappello and Nugent said they could work on this.  Commission discussed ideas for the upcoming Arbor Day celebration. 5. Staff Comments –  April 27, 2016 Joint Planning Commission Meeting – This matter was covered under item 3b.  Discuss process for marker designation – Baily informed the Commission that staff will be researching this matter to determine whether or not the City Code has a process for the markers and if an amendment will be required for the City Code. 22 23 24 25 26 27 28 29 30 31 REPORT TO THE PLANNING COMMISSION Meeting Date: September 14, 2016 Application: Zoning Ordinance Amendment (ZOA 16-0001) Amendment of City Code Articles 15-12 and 15-30 (Code Enforcement related to storage of personal property and materials; and signs) Location City Wide Owner/Applicant: City of Saratoga Staff Planner: Erwin Ordoñez, Community Development Director RECOMMENDED ACTION: Recommend the Planning Commission adopt the attached resolution recommending that the City Council 1. Adopt an ordinance which includes various changes to Articles 15-12 and 15-30 of the Saratoga City Code (Code Enforcement related to storage of personal property and materials; and signs). BACKGROUND: In anticipation of the City Council’s budget reauthorization of a full time Code Compliance Officer for the Fiscal Year 2016-2017 Budget, staff identified the following revisions to Chapter 15 which would clarify existing regulations and improve the operations of the City’s Code Compliance Program. Specific revisions included: • Listing of storage containers as personal property subject to regulation by Section 15 - 12.160 • Required compliance with each standard of the temporary on-site sign criteria noted in Section 15-30.110 • Clarifies that temporary off-site signs, as such signs are currently defined under City Code, in residential districts refers to temporary commercial signage (Section 15-30.135) • Provides clarifications related to Sign conformance, violations, and abatement (Section 15-30.190) The draft amendments were reviewed by the Planning Commission at a Study Session on August 23, 2016 to assist with the Commission’s development of a formal recommendation to the City Council. No significant changes in the staff prepared draft were recommended by the Planning Commission. 33 Page 2 of 2 The Draft Ordinance is provided as Attachment 1. Text to be added is indicated in underlined font (e.g., underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). EXEMPTION FROM CEQA The proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that these amendments may have a significant effect on the environment, and therefore these amendments are not subject to CEQA. ATTACHMENTS: Attachment 1 - Resolution for Approval with the following Attachment:  Exhibit A – Draft Ordinance 34 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO: 16-026 Application (ZOA 16-0001) Zoning Amendments to Articles (15-12 and 15-30) Code Enforcement related to storage of personal property and materials; and signs The City of Saratoga Planning Commission finds and determines with respect to the above described application: WHEREAS, City of Saratoga Municipal Code Chapter 15 (Zoning Regulations) establishes regulations and standards for the use of land and property throughout the City of Saratoga, and WHEREAS, Article 15-12 of the Zoning Regulations contains regulations and standards for the storage of personal property and materials, and WHEREAS, Article 15-30 of the Zoning Regulations contains regulations and standards regarding signs and their placement, and WHEREAS, the City desires to make amendments to the Zoning Regulations to clarify its regulations and enhance the ability for improved compliance by the public, and WHEREAS, public participation opportunity was provided through a Planning Commission Study Sessions held on August 23, 2016 and a Public Hearing, and WHEREAS, on September 14, 2016, the Planning Commission held a duly noticed Public Hearing on the amendments to Articles 15-12 and 15-30 (Code Enforcement related to storage of personal property and materials; and signs) at which time all interested parties were given a full opportunity to be heard and to present evidence and argument. The Planning Commission considered the draft Ordinance, supporting documents, the Staff Report, CEQA exemption, and all testimony and other evidence presented at the Public Hearing, and WHEREAS, the Planning Commission recommends that the City Council find that the amendments to Article 15-12 and 15-30 are consistent with the City of Saratoga General Plan; and NOW, THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth are true and correct and incorporated herein by reference. Section 2: These proposed amendments and additions to the City Code relating to the Code Enforcement and related to storage of personal property and materials; and signs regulation of are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to the Guidelines for Implementation of CEQA (14 Cal Code §15000 and following), including CEQA Guidelines section 15061(b)(3) which provides that CEQA applies only to projects which have the potential of causing a significant effect on the environment, and that where, as here, it can be Attachment 1 35 2 seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Section 3: After careful consideration of the staff report, and other materials, exhibits and evidence submitted to the City in connection with this matter, the Planning Commission of the City of Saratoga does hereby recommend the City Council approve the amendments to City Code Articles 15-12 and 15-30 — Code Enforcement related to storage of personal property and materials; and signs (Exhibit A). PASSED AND ADOPTED by the City of Saratoga Planning Commission this 14th day of September 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Dede Smullen Chair, Planning Commission 36 Page 1 The sections of the Saratoga Municipal Code set forth below are amended or adopted as follows: Text added to existing provisions is shown in bold double-underlined text (example) and text to be deleted in shown in strikethrough (example). Text in italics is explanatory and is not an amendment to the Code. Where the text indicates that a new section is being added to the City Code, the new section is shown in plain text. 1. Storage of Personal Property and Materials 15-12.160 - Storage of personal property and materials. (a) Unenclosed storage of personal property is not permitted in this district, except as provided in subsection (b) of this Section. (b) Unenclosed storage of personal property is permitted in this district in any area other than any portion of any required front setback area, any required exterior side or rear setback area of corner lots, rear setback area of double frontage lots and any unimproved parcel or any unimproved right-of-way of any public street, in which areas such storage is prohibited. In those prohibited areas, one or more of the items listed in subsections (b)(1) through (5)(6) of this Section may be stored so long as such storage is not for any period of time in excess of five consecutive days and not in excess of a total of eighteen days in any calendar year. For example, if multiple items listed in subsections (b)(1) through (5)(6) of this Section are stored concurrently in the prohibited areas for five consecutive days, such storage shall constitute a total of five days of the eighteen days allowed per calendar year. On the other hand, if, for example, a boat is stored for four consecutive days and subsequently a recreational vehicle is stored for three consecutive days, such storage shall constitute a total of seven days of the eighteen days allowed per calendar year. There shall be at least fifteen calendar days' separation between any such uses in consecutive calendar years. No item prohibited by this Section from additional time of storage may be stored on such site or setback area unless in compliance with subsection (c) of this Section or pursuant to a temporary storage permit issued pursuant to subsection (d) of this Section. (1) Motor vehicles, except this Section does not limit storage of automobiles in fully operational condition and currently registered and licensed for operation on public highways and capable of normal daily use by the occupants of the site. (2) Recreational vehicles and trailers of any kind or make. Camper units detached from the truck or other motor vehicle for which they are designed or customarily used shall be considered trailers for the purpose of this Section. (3) Boats. (4) Parts of any of the items of property described in subsection (b)(1), (2) or (3) of this Section. (5) Building or construction materials, except this Section does not limit storage of those materials reasonably required for work under construction on the premises pursuant to a valid and effective building permit issued in accord with Chapter 16 of this Code, or for Exhibit A 37 Page 2 work as to which no building permit is required and which involves storage for no more than thirty days. In the event the building permit is for new construction or remodeling affecting more than fifty percent of either the floor area or the exterior walls, Section 16-75.050 shall apply. (6) Storage containers. (c) The items of property described in subsection (b) of this Section may be stored in exterior side and rear setback area of corner lots and rear setback area of double frontage lots for periods in excess of five consecutive days or a total of eighteen days in any calendar year where a fence has been legally constructed and/or a compact evergreen hedge or other evergreen screening has been legally installed of at least six feet in height and of a type which screens the stored property from public view and reasonably prevents such property from becoming a nuisance. (d) The Community Development Director shall have authority, in cases of practical di fficulty or hardship, to grant temporary permits for storage of the items of property described in subsection (b) of this Section in the front, side or rear setback area of sites for limited periods of time in excess of five consecutive days or in excess of eighteen days per calendar year. Application for such storage permits shall be in writing, on forms furnished by the City and shall include a site plan showing the area of the requested storage. Any permit issued pursuant thereto shall be in writing, shall describe the personal property to be stored, and the location and time limit of the storage. The Community Development Director may impose reasonable conditions in any such storage permit, which shall be agreed to in writing on the face of the permit by the applicant prior to the permit being issued. No such permit may cause the calendar year limit to be exceeded by more than an additional fourteen days unless at least ten days before a decision on the application is made, notice has been given to all owners of property within three hundred feet of the parcel on which the storage is proposed. The Community Development Director shall also have the authority, for good cause, to reduce the separation between uses in consecutive calendar years, or allow conti nued temporary storage while an application or appeal is pending. (e) For purposes of this Section, the term "unenclosed storage" means storage of items which are not completely enclosed within a structure or completely screened from public view by a permanent solid fence or wall which structure, fence or wall has been constructed or installed in accordance with Chapter 15 of this Code. 2. Signs [Sections 15-30.010 -.100 omitted - no proposed changes.] 15-30.110 - Temporary on-site signs on lots in any sign district. In addition to other signs allowed pursuant to this Article, temporary on-site signs that comply with each of the following standards are allowed on lots in any of the four sign districts without a permit: 38 Page 3 (a) One temporary banner or freestanding on-site sign provided that: (1) Temporary on-site banner shall comply with the following: a. The banner shall only be placed on a building. b. The banner shall not exceed ten square feet in area. c. The banner shall be constructed of durable all-weather fabric or synthetic material. d. Each lot shall be free of temporary on-site banners at least one hundred eighty days in a calendar year. e. No individual temporary on-site banner shall be displayed more than thirty consecutive days. (2) Temporary on-site freestanding sign (including, but not limited to, A-frame type sign) shall comply with the following: a. The sign shall only be located within ten feet from the primary entrance to the building and shall not impede pedestrian travel. b. The sign shall not exceed six square feet in area and four feet in height. c. The sign shall not be affixed to any tree or structure. d. The sign shall only be displayed when the business is open. e. The sign shall be constructed of durable all-weather wood, metal, and/or blackboard. (b) No business shall display more than one temporary on-site sign at any one time. (c) No temporary on-site sign shall be located within ten feet of another temporary sign. (d) No temporary on-site sign shall be illuminated. (e) No temporary on-site sign shall include balloons, ribbons, streamers, or other attention-getting devices. (f) No temporary on-site sign shall be located on any median, street, or travel lane, or upon any sidewalk where it impedes pedestrian travel. [Sections 15-30.120 -.130 omitted - no proposed changes.] 15-30.135 - Temporary off-site signs in residential districts. In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots in residential districts without a permit: (a) Any number of temporary commercial off-site signs (including, but not limited to, real estate open house signs) are allowed, provided that: (1) No individual sign shall exceed two square feet in area and three feet in height. 39 Page 4 (2) No more than two identical signs per intersection shall be displayed. (3) The signs shall only be displayed between dawn and dusk. (4) No sign shall include balloons, ribbons, streamers, or other attention-getting devices. (5) No off-site signs shall be located on property without the permission of the property owner. (6) No sign shall be located on any median, street, travel lane or on any sidewalk where it impedes pedestrian travel. [Sections 15-30.140 -.180 omitted - no proposed changes.] 15-30.190 - Sign conformance, violations and abatement of illegal signs. (a) Illegal signs. Any sign, including its supporting structure, other than a legal nonconforming sign, as defined in subsection 15-30.190(b), that is in violation of this Article shall be deemed to be a public nuisance and shall be made to immediately conform by written notice. or removed by the owner of the property on which it is located upon thirty days' written notice by the City. (b) Legal nonconforming signs. A "legal nonconforming sign" is a permanent sign that was in existence on the effective date of the ordinance adopting this Article and that does not conform to the provisions of this Article. (1) A permanent "legal nonconforming sign" shall not be considered an "illegal sign", or in violation of this Article, or required to be removed or made to conform, unless: a. It is altered or relocated, or b. A conditional use permit for a new use, or design review pursuant to City Code Section 15-46.060, is required for the property on which the "legal nonconforming sign" is located. (2) Temporary signs and window signs are not considered permanent legal nonconforming signs for the purposes of this Article. (3) The owner of the sign shall bear the burden of demonstrating to the Director that the sign was in existence on the effective date of the ordinance adopting this Article, and the Director's determination shall be final. (4) Notwithstanding the foregoing, all legal nonconforming signs must comply with the maintenance requirements of subsection 15-30.030(i). (c) Illegal sSigns on public property. Any sign located upon or affixed to any public property in violation of the provisions of this Article is subject to removal, upon the City giving at least three days' prior written notice of such violation and intended removal to the sign owner. If the sign owner cannot be ascertained or found after reasonable efforts to do so, the notice shall be posted upon the sign for a period of at least three days prior to the removal of the sign. Any such sign that constitutes an immediate and substantial hazard to the public 40 Page 5 health or safety may be promptly abated and removed with written notice of the removal provided to the sign owner, or without notice if the owner cannot be promptly ascertained. (d) Sign removal. Except as provided in subsection 15-30.190(b), all signs presently existing and not in conformity with the provisions of this Article constitute a violation of this Code and shall be removed or made to conform to the provisions of this Article. (1) Any sign removed pursuant to this Article will be retained by the City for a period of at least ten days, during which the sign owner may retrieve the sign upon payment of all removal costs or an administrative fine established by the City Council, whichever is greater. Any person desiring to contest such pa yment may request a hearing before the Community Development Director, who shall waive the payment if he determines that the sign did not violate any provisions of this Article. The decision of the Community Development Director can be appealed to the City Council. (2) Any sign not retrieved within the ten-day period shall conclusively be deemed to have been abandoned by the owner thereof and may be destroyed or otherwise disposed of by the City. The City shall have the right to recover from the owner of such sign all removal and destruction costs. (e) [Violation.] Each sign found to be in violation of any provision of this Article shall constitute a separate violation of this Code. (f) [Additional enforcement.] The enforcement of sign regulations pursuant to this Section shall be in addition to any other rights and remedies available to the City under Chapter 3 of this Code by reason of the same violation. [Sections 15-30.200 -.210 omitted - no proposed changes.] 41