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HomeMy WebLinkAbout09-28-16 Planning Commission Agenda PacketSaratoga Planning Commission Agenda – Page 1 of 3 SARATOGA PLANNING COMMISSION REGULAR MEETING SEPTEMBER 28, 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 September 14, 2016. Recommended Action: Approve Minutes from the Regular Planning Commission Meeting of September 14, 2016. 09142016 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 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. Saratoga Planning Commission Agenda – Page 2 of 3 2.1. 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. Staff Contact: Sung H. Kwon (408) 868-1212. Recommended Action: Continue to Date Certain: October 12, 2016 Staff Report - 14011 June Continuance 2.2. Application ACUP 16-0001; 14567 Big Basin Way (503-25-028); Landis Mahaffey The applicant is requesting approval of an administrative conditional use permit for an office space facing Big Basin Way. This use would be a relocation from another space facing Big Basin Way. A hearing was requested and this project was deferred to the Planning Commission. Staff Contact: Sung H. Kwon (408) 868-1212. Recommended Action: Adopt Resolution No. 16-025 approving the project subject to conditions of approval in included in Attachment 1. Staff Report - 14567 Big Basin Way Att 1 - PC Reso 16-025 14567 Big Basin Way.pdf Att 2 Project Description-Plans Att 3 Les Pelio Att 4 Jill Hunter 2.3 Application PDR16-0012; 13870 Ravenwood Drive (403-23-061); Jon & Jody Sorensen The applicant is requesting approval of a 1,551.6 sq. ft. addition at the rear of an existing house. Planning Commission review is required because the addition will be more than 18 feet high (from average grade) and would expand the existing floor area by more than 50%. Staff Contact: Sung H. Kwon (408) 868-1212. Recommended Action: Adopt Resolution No. 16-023 approving the project subject to conditions of approval in included in Attachment 1. Staff Report - 13870 Ravenwood.pdf Att 1 - PC Reso 16-023 13870 Ravenwood Att 2 Neighborhood Notification Forms Att 3 Story pole certification Att 4 Development Plans DIRECTOR ITEMS Saratoga Planning Commission Agenda – Page 3 of 3 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 22, 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 22nd day of S 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.uspte Saratoga Planning Commission Agenda – Page 1 of 2 SARATOGA PLANNING COMMISSION REGULAR MEETING ACTION MINUTES September 14, 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, Joyce Hlava ABSENT: Commissioner Len Almalech, excused ALSO PRESENT: Erwin Ordoñez, Community Development Director Sung Kwon, Senior Planner APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of September 14, 2016. WALIA/FITZSIMMONS MOVED TO APPROVE THE MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING OF SEPTEMBER 14, 2016. MOTION PASSED. AYES: SMULLEN, WALIA, CHANG, AHUJA, FITZSIMMONS. NOES: NONE. ABSENT: ALMALECH. ABSTAIN: HLAVA. 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 2 2. PUBLIC HEARING Applicants and/or their representatives have a total of ten (10) minutes maximum for opening statements. All interested persons may appear and be heard during this meeting regarding the items on this agenda. If items on this agenda are challenged in court, members of the public may be limited to raising only issues raised at the Public Hearing or in written correspondence delivered to the Planning Commission at, or prior to the close of the Public Hearing. Members of the public may comment on any item for up to three (3) minutes. Applicants and/or their representatives have a total of five (5) minutes maximum for closing statements. 2.1. Application PDR16-0013/14493 Big Basin Way (503-24-064); Gin Lee/ Thomas Liu 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. Recommended Action: Adopt Resolution No. 16-022 approving the project subject to conditions of approval in included in Exhibit 1. WALIA/FITZSIMMONS MOVED TO ADOPT RESOLUTION NO. 16-022 APPROVING THE PROJECT SUBJECT TO AMENDED CONDITIONS OF APPROVAL. MOTION PASSED. AYES: SMULLEN, WALIA, HLAVA, AHUJA, FITZSIMMONS, CHANG. NOES: NONE. ABSENT: ALMALECH, ABSTAIN: NONE. 2.2. Code Enforcement Updates Recommended Action: Adopt Resolution No. 16-026 approving 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 WALIA/FITZSIMMONS MOVED TO ADOPT RESOLUTION NO. 16-026 approving 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. MOTION PASSED. AYES: SMULLEN, WALIA, HLAVA, AHUJA, FITZSIMMONS, CHANG. NOES: NONE. ABSENT: ALMALECH, ABSTAIN: NONE. DIRECTOR ITEMS Director noted upcoming September 27th Study Session. COMMISSION ITEMS Chair noted parade on September 17th. ADJOURNMENT Meeting adjourned at 10:23 p.m. Minutes respectfully submitted: Janet Costa, Office Specialist III City of Saratoga 6 REPORT TO THE PLANNING COMMISSION Meeting Date: September 28, 2016 (Continued from August 24, 2016) Application: PDR16-0014 Location / APN: 14011 June Way / 397-25-068 Owner / Applicant: Sandeep Bharathi & Sindu Subramanyam Staff Planner: Sung H. Kwon, Senior Planner 14011 June Way 8 2 | P a g e DISCUSSION BACKGROUND The applicants previously submitted a Design Review application for a new two-story single family residence after demolishing an existing home without City approvals. The Planning Commission reviewed their application on August 24, 2016 but continued the item in order for the applicant to address the following considerations:  Reduce the apparent bulk and mass of the structure  Minimize privacy impacts to neighbors  Provide additional screening The Planning Commission also requested staff to refine the construction management plan to better address issues raised during the public hearing. REQUEST FOR CONTINUANCE The applicants have requested a continuance to October 12, 2016 to allow more time to redesign the project and address the neighbors’ concerns and direction from the Planning Commission. 9 REPORT TO THE PLANNING COMMISSION Meeting Date: September 28, 2016 Application: ACUP 16-0001 Location / APN: 14567 Big Basin Way / 503-25-028 Owner / Applicant: Landis Mahaffey Staff Planner: Sung H. Kwon, Senior Planner 14567 Big Basin Way 11 2 | P a g e SUMMARY PROJECT DESCRIPTION The applicant is requesting approval of a Conditional Use Permit (ACUP16 -0001) to operate a Law Office in a vacant tenant space located at 14567 Big Basin Way. The applicant is relocating from an existing street front location at 14554 Big Basin Way (approximately 2,000 sq. ft.) to a vacant stre et front tenant space at 14567 Big Basin Way (approximately 900 sq. ft.). No exterior changes are proposed and no additional parking is required because the proposed use complies with existing parking requirements. The proposed hours of operation would b e between 8:30 AM to 7:00 PM on weekdays. The office would also be open between 10:00 AM to 5:00 PM on weekends by appointment. A public hearing was requested by a member of the public, and pursuant to Zoning Code Section 15-55.065 (c) the Community Development Director has referred the application for a hearing by the Planning Commission. STAFF RECOMMENDATION Adopt Resolution No. 16-025 approving the project subject to recommended conditions of approval. Planning Commission review is required because a public hearing was requested and Community Development Director has referred the application to the Planning Commission. (Saratoga Municipal Code Section 15-55.065 (c)) PROJECT DATA Size of Space: Approximately 900 square feet General Plan Designation: Commercial Retail (CR) Zoning: Commercial Historic (CH-1) BACKGROUND The Zoning Regulations of the City Code (Chapter 15) list Permitted Uses that are allowed by right for each Zoning District. In the case of commercial uses in commercial zoned properties, this would allow a business to operate with just a Business Licens e if the permitted use was occupying a vacant tenant space with no proposed tenant improvements or construction. In addition to the Permitted Uses, the Zoning Regulations also include a list of Conditional Uses which may be allowed by the City via a CUP approval that could include specific requirements or “Conditions of Approval” which must be satisfied and/or limit the use to specific parameters (e.g. limited hours or days of operation, limited areas, seating or occupancy, etc.). In order to approve a CUP application or make modification to a CUP, the City Code requires that the Planning Commission or Community Development Director make all of the following findings: 12 3 | P a g e (a) That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. (b) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. (c) That the proposed conditional use will comply with each of the applicable provisions of this Chapter. (d) That the proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. EXPIRATION OF CUP APPROVALS Conditional Use Permit approvals are not tied to a specific business or operator but instead the Conditional Use Permit approval “Runs with the Land” and is connected to the property or parcel upon which the use is located. This allows for a businesses or uses to change hands over time or to change operators and have an original CUP approval continue to successive operators for the same uses. Additionally, the City Code currently does not recognize any breaks in the operational time periods that an original approved Conditional Use ceases (i.e. the use “tolls”) and another replacement CUP use starts. No “Tolling Period” allows landlords in Saratoga the ability lease vacant tenant spaces very quickly. In many instances, new businesses have the ability to open in a relatively shorter timeframe than our neighboring communities because they can do so with only a business license and building permits for any necessary tenant improvements or building upgrades to meet current standards. Should the Planning Commission decide that a maximum vacancy period is warranted for this CUP it can do so by adopting a Condition of Approval establishing a tolling period for the CUP to expire if the space becomes vacant for a specified period of time (e.g. 1 - year, 18-months, etc.) Any proposed office tenant after the tolling period would be required to obtain a new CUP approval. CONTINUING JURISDICTION Although CUP approvals “Run with the Land”, the Planning Commission and Community Development Director retain a continuing jurisdiction over each conditional use permit and may at any time, either independently or in response to an application or request to do so, modify or delete any conditions of a conditional use permit or impose any new conditions in order to preserve a substantial right of the applicant, or to preserve the public health, safety or welfare, or to prevent the creation or continuance of a public nuisance, or where such action is necessary to preserve or restore any of the original CUP findings. The actions to review or modify a CUP must be done following the same procedures established for the public hearing process. 13 4 | P a g e PLANNING COMMISSION CUP REVIEW The Planning Commission is required to review all CUP applications in non-commercial zoning districts, all CUP applications which exceed 4,000 square feet in any commercial zoning district, or have other required applications associated with the project in addition to the CUP application (e.g. new building, a mixed-use project, rezoning, subdivision map, etc.) Any determination or decision of the Planning Commission may be appealed within 15 - days to the City Council. ADMINISTRATIVE CUP PROCESS CUP applications which do not exceed 4,000 square feet in any commercial zoning district and do not require a design review or other approval from that Planning Commission (e.g. new building, a mixed -use project, rezoning, subdivision map, etc.) may be reviewed and permitted by a conditional use permit issued by the Community Development Director. As part of the Adm inistrative CUP process, after staff’s review, all property owners within a 500 foot radius and interested parties are mailed a Notice of Intent letter specifying a proposed decision on the CUP application. Interested parties have fifteen calendar days fro m the date of the notice in which to review the application, provide written comments to the Community Development Director, and make written request for a public hearing or notice of a hearing if one is to be held. At the close of the 15 -day review peri od, the Community Development Director is required to: 1) make a final written decision on the application or 2), if a public hearing is requested, can hold a noticed public hearing or refer the application for a hearing and decision before the Planning C ommission. TIMELINE Staff sent originally sent out a notice of intent to approve the project. Staff believed the use is comp atible with the zoning district of CH -1. The use has existed for 28 years in Downtown Saratoga. Action Date Application Received July 14, 2016 Notice of Intent Review Period Begin August 8, 2016 Email from Les Pelio regarding commercial space August 8, 2016 Request for Hearing by Jill Hunter August 14, 2016 14 5 | P a g e Notice of Intent Review Period End August 22, 2016 BUSINESS HOURS The proposed hours of operation would be between 8:30 AM to 7:00 PM on weekdays. The office would also be open between 10:00 AM to 5:00 PM on weekends by appointment. Hours of operation vary within the Village. The table below shows a range of sample business hours identified by staff . Business Days Hours Preston Wynne Tuesday – Friday Saturday Sunday 9AM to 9PM 9AM to 8PM 10AM to 6PM Saratoga Chocolates Tuesday – Saturday Sunday 10AM to 6PM 12PM to 6PM Floral Fantasia Monday – Friday Saturday 10AM to 6PM 10AM to 6PM Michael Anthony Salon Tuesday – Friday Saturday 9AM to 8PM 9AM to 6PM The Owl Barn Wednesday – Saturday Sunday & Tuesday 10:30AM to 6PM 11AM to 5PM Golden Mirror Monday – Saturday Sunday 11AM to 5PM 12PM to 4PM Deja & Co Tuesday – Friday Saturday 10AM to 8PM 10AM to 5PM Rejuve Tuesday – Friday Saturday 10AM to 6PM 10AM to 2PM UPS Store Monday – Friday Saturday 8:30AM to 6:30PM 9:00 AM to 5PM Rose Market Catering Everyday 10AM to 9PM Echo Shop Tuesday – Saturday 10 AM to 4 PM P ARKING There is ample parking for this use as office has the same parking ratio as retail (One space for every 250 hundred square feet ). In additi on, the business owner is downsizing from an approximate 2,000 sq. ft. space to an approximate 900 sq. ft. space. 15 6 | P a g e APPLICATION The applicant has been in business serving Saratogans for over 28 years. The proposed location of the new business wo uld be approximately 140 feet from the applicant’s existing location. Generally, office uses do n’t generate noise, odors, or other nuisance impacts typically associated with other types of more intensive uses. However, at this location, there have been com plaints from the landlord’s existing tenants about garbage and a lack of maintenance at the rear of the property and trash enclosure. Staff is recommending condition#16 to ensure maintenance of adequate garbage and recycling services. CONDITIONAL USE PERMIT FINDINGS The findings required for issuance of a Conditional Use Permit Approval pursuant to City Code Section 15-55.070 are set forth below and the applicant has met the burden of proof to support making all of those required findings: 1. That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. The proposed establishment meets this finding because the use will be located in an area that is specifically selected by the General Plan and Zoning Ordinance to provide opportunities for office uses. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. This finding can be made because the Law Office will have specific conditions, such as allowable hours of operation that allow the commercial area to provide goods and services to the community without negatively impacting the businesses or properties within the immediate vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of this chapter. The proposed use will comply with each of the applicable provisions of the Saratoga Municipal Code and Saratoga Village Plan, such as, ensure that commercial uses enhance their site and harmonize with improvements in the surrounding area and facilitate the appropriate location of retail and service establishments. Parking requirements for office uses are the same as intensive retail use and the new space will be smaller than the existing space. 4. The proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. This finding can be made because the proposed use will be operated in a commercial district with a service establishment that is desired in the community and will promote the Saratoga Village Specific Plan objective of preservation and enhancement 16 7 | P a g e of the small-scale, pedestrian character of the Village to make the area more inviting to potential shoppers and diners. ENVIRONMENTAL DETERMINATION The proposed project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to Section 15301, “Existing Facilities,” Class 1 of the Public Resources Code (CEQA). The project site is in an urbanized area and is connected to utility and roadway infrastructure and consists of using existing commercial space as a Law Office use. ATTACHMENTS 1. Resolution of Approval 2. Project Description/Plans provided by Applicant 3. Email from Les Pelio 4. Request for Hearing from Jill Hunter 17 1 RESOLUTION NO: 16-025 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING ADMINISTRATIVE CONDITIONAL USE PERMIT 16-0001 LOCATED AT 14567 BIG BASIN WAY WHEREAS, on July 14, 2016, an application was submitted by Landis Mahaffey requesting approval of an Administrative Conditional Use Permit to allow an office use in retail space that fronts Big Basin Way. The site is located within the CH-1 Zoning District (APN 503-25- 028). 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 28, 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 of the Public Resources Code (CEQA). This exemption allows for the leasing of existing structures. Section 3: The project is consistent with the following Saratoga General Plan Policies: Goal LU 2: Encourage the economic viability of Saratoga’s existing commercial and office areas and their accessibility by residents, taking into account the impact on surrounding residential areas. Section 4: The project is consistent with the Saratoga City Code in that the use is consistent with the conditional use permit findings in that the project is 1) in accord with the objectives and purposes of the district; 2) the use would not be detrimental to public health, safety, welfare or injurious to properties in the vicinity; 3) would comply with applicable provisions of the zoning code; and 4) would not adversely affect existing or anticipated used in the immediate neighborhood. Section 5: The City of Saratoga Planning Commission hereby approves ACUP 16-0001 located at 14567 Big Basin Way, 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 28th day of September 2016 by the following vote: 18 2 AYES: NOES: ABSENT: ABSTAIN: ____________________________ DeDe Smullen Chair, Planning Commission 19 3 Exhibit 1 CONDITIONS OF APPROVAL ACUP 16-0001 14567 BIG BASIN WAY (APN 503-25-028) CONDITIONS OF APPROVAL A. GENERAL 1. The City shall retain continuing jurisdiction over the Conditional Use Permit and may, at any time, modify, delete, or impose, any new conditions of the permit to preserve the public health, safety, and welfare. 2. Any intensification of this use shall require an amended Conditional Use Permit. Examples of intensification of use include, but are not limited to, increasing or changing the hours of the use the hours of the use, physical changes to the site or structure of the use to accommodate more employees or customers, and changes in operations or equipment that result in ongoing increases in traffic, noise, or other physical effects. 3. Conditions may be modified only by the Community Development Department unless modification is expressly otherwise allowed by the city code including but not limited to section 16-05.035, as applicable. 4. The use shall at all times operate in compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdictional authority over the use pertaining to, but not limited to, health, sanitation, safety, and water quality issues. The Project shall maintain compliance with all applicable requirements of the State, County, City and other governmental entities having jurisdiction. 5. Prior to issuance of any demolition, use, grading, or building permit to implement this Use Permit approval the Applicant shall obtain a “Zoning Clearance” from the Community Development Director by submitting final plans for the requested permit to the Community Development Department for review to ascertain compliance with the requirements of this Resolution. 6. Agreement to Indemnify, Hold Harmless and Defend City as to Action Challenging Approval of Application and as to Damage from Performance of Work Authorized by Conditional Use Permit Approval. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and 20 4 b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance from the Community Development Director, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval as to form and content by the Community Development Director. B. COMMUNITY DEVELOPMENT 7. All Applicable Requirements. All applicable requirements of the State, County, City and other Governmental entities including, but not limited to, Santa Clara County Health, must be met. 8. Compliance with Plans and Description of Use. The use and development shall be operated, located and constructed to include those features, and only those features, as shown on the Approved Plans and Description of Use on file with the Community Development Department, incorporated by this reference. All proposed changes to the Approved Plans and Description of Use 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 the requisite prior City approval. 9. Intensification of Use. Any intensification of this use shall require approval of an amended administrative use permit. 10. Noise Levels. All noise levels will comply with Saratoga Municipal Code (SMC) Section 7- 30.040 regarding noise standards and SMC Section 7-30.060 regarding exceptions to special activities. 11. Signage. The applicant shall comply with all zoning and village design requirements regarding signage. 12. Business License: The applicant shall apply for and obtain approval of a Business License from the City of Saratoga prior to occupancy and/or issuance of building permit(s) for tenant improvement(s). 13. Fire Agency Conditions. Applicant shall comply with all requirements of the Saratoga Fire Department. 14. Building Department. Applicant shall comply with all building standards including any tenant improvements necessary to comply with the building code. 15. Hours of Operation. The Law Office can be open between 8:30 AM to 7:00 PM on weekdays. The office would also be open between 10:00 AM to 5:00 PM on weekends by appointment. 21 5 16. Trash. The property owner shall provide adequate solid waste and recycling services for the tenants of the property. Trash enclosures shall be kept clean. 17. Signs. Any new signs shall be conform to the zoning code and may require a sign permit/sign program. ****************** END OF CONDITIONS OF APPROVAL ****************** 22 23 24 25 26 From: jill hunter <jhunter95070@yahoo.com> Date: August 14, 2016 at 1:50:23 PM PDT To: Erwin Ordoñez <eordonez@saratoga.ca.us>, James Lindsay <jlindsay@saratoga.ca.us> Subject: 14567 Big Basin Reply-To: jill hunter <jhunter95070@yahoo.com> Erwin and James, Knowing that you too can read the comments coming through from the SVDC list serve, I think it is obvious that residents and merchants in the Village want to discuss office space being given to a former retail space at14567 Big Basin Way. This precedent setting project, formerly a retail space, becoming a professional space only open from 9-5, not on weekends, should be discussed out in the open by the Planning Commission in our opinion. Jill Hunter, SVDC Chair 27 1 | P a g e REPORT TO THE PLANNING COMMISSION Meeting Date: September 28, 2016 Application: PDR16-0012 Location / APN: 13870 Ravenwood Drive / 403-23-061 Owner / Applicant: Jon & Jody Sorensen/Shlomi Caspi Staff Planner: Sung H. Kwon, Senior Planner 13870 Ravenwood Drive 29 2 | P a g e SUMMARY PROJECT DESCRIPTION The applicant is requesting design review approval to construct a 1,552 square foot addition to an existing home. The height of the home proposed is 18 feet 10 inches. The average slope of the site is 6.5 percent STAFF RECOMMENDATION Adopt Resolution No. 16-023 approving the project subject to recommended conditions of approval. Planning Commission Design Review approval is required because the proposed home would exceed 18 feet in height and result in an addition that is more than 50% of the existing floor area. (Saratoga Municipal Code Section 15-45.060a(8).) PROJECT DATA Site Area: 21,602 sf net Grading: 1500 cf (55.5 cy) of cut General Plan Designation: Medium Density Residential (M-10) Zoning: Single-Family Residential (R1-10,000) Existing Proposed w/ Addition Allowed/ Required Site Coverage Main House Garage Shop Concrete Patio Concrete Driveway Walkway at front Walkway at side Paving at Rear Total Site Coverage Front Yard Impervious 2,214 sf 431 sf - 656 sf 783 sf 420 sf 148 sf 220 sf 4,872 sf (22.6%) 1,153 (44%) (based on 2,623) 3,332 sf * 431 sf 302 sf 411 sf 783 sf 420 sf 148 sf - 5,827 sf (27.0 %) 1,153 (44%) (Max 4,400sf) 12,961 sf (60%) 1,311.5 sf (50%) 30 3 | P a g e Floor Area First Floor Garage Shop Enclosed Covered Area Total Floor Area 2,214 sf 431 sf 19.6 sf 2,665.4 sf 3,312 sf 431.3 sf 302.4 sf 151.7 sf 4,217 sf 4,400 sf Height Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: 100.1’ 100.1’ 100.1’ 115.5’ 94.9’ 100.1’ 97.5’ 116.33’ (18’-10”) 26’ Maximum Setbacks Front: Interior side right: Interior side left: Rear: 1st Story 23.5 ft 6 ft. 9 ft. 131 ft. 1st Story 23.5 ft. 6 ft. (for 14 ft.) & 10 ft. 10 ft. 123 ft. 1st Story 25 ft. 10 ft. 10 ft. 25 ft. * 19.6 sq. ft. of non-habitable floor area (concrete patio in existing) is being converted to habitable floor area (proposed habitable area). PROJECT DESCRIPTION/DISCUSSION SITE AND NEIGHBORHOOD DESCRIPTION The 21,602 square foot property is located at 13870 Ravenwood Drive. The residential neighborhood consists of predominantly single-story houses with various architectural styles. The proposed project consists of a 1,552 sq. ft. addition to a 2,665 sq. ft. single-story home. The total size of the home is proposed to be 3,312 square feet after construction. The residential structure will remain one story; however; a small portion of the roof will exceed 18 feet by 10 inches. If the project had lower maximum height that was 18 feet or lower this application could have been processed as an Administrative Design Review. SETBACK Under the newly amended Section 15-65.060, single-family residential structures that are nonconforming because a portion of the structure extends into a side yard setback area may continue the existing setback encroachment on one side for a one-story addition, provided that the proposed extension of the nonconforming building wall shall not be closer than six feet to a property line and does not extend the structure more than fifteen feet. This application represent the first project to use this new provision of the Zoning Code since it was originally recommended by the Planning Commission and adopted by the City Council in November 2015. At the October 2015, Planning Commission Study Session the property owners provided the Commission comments on the proposed revisions to the non- conforming structures section of the Zoning Code based on their perspective as long time 31 4 | P a g e residents and noted that they would be moving forward with a long awaited remodeling project if the Commission recommended amendments were adopted by the City Council The addition includes a 14 foot portion that extends the building line of the non-conforming side yard setback for approximately 14 feet as limited by the Zoning Code. The rest of the addition will be located outside the side yard setback. ARCHITECTURAL DESIGN The neighborhood consists of a mix of contemporary and ranch style homes. The existing residence is a contemporary house which looks similar to a ranch style home. The zig-zag pattern of the front façade provides different wall planes that face the street. The front façade has both white horizontal and white shingle siding. The trim around the windows and garage door is also painted white. The side and rear of the structure is cladded with white cement plaster. The proposed addition will be 18 feet 10 inches in height. The only portion of the addition visible from the street would be a very small projection of the roof over 18 ft. The design includes new roof ridge at the rear addition and in order to maintain the existing 4:12 roof pitch, the roof was extended beyond 18 ft. No other changes to the front façade is proposed. The new roof would match the existing composition shingle. The cladding of the addition would match the existing cement plaster. New bedrooms are proposed on both sides of the residence; however, the existing wood fences would maintain privacy. The rear elevation includes accents such as trellis and deck. NEIGHBOR NOTIFICATION AND CORRESPONDENCE The applicant submitted neighbor notification forms (Attachment 3). Public notices were sent to property owners within 500 feet of the site. As of the writing of this Staff report there have been no comments from the neighbors. Detail Colors and Materials Exterior & Trim White Roof Dark Grey Windows White 32 5 | P a g e DESIGN REVIEW FINDINGS The findings required for issuance of a Design Review Approval pursuant to City Code Section 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. The project meets this finding because the most of the proposed addition is located on a relatively flat (6.5%) area. Grading is minimized. (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. The project meets this finding because no native or protected trees are in five feet of any proposed construction. No trees have been proposed for removal in order to complete the project. (c) The height of the structure, its location on the site, and its architectural elements are designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds. The project meets this finding because the addition meets the side setback of the existing homes on the surrounding properties. The existing wood fences and placement of windows would continue to provide privacy. The project does not impact any identified community viewsheds. (d) The overall mass and the height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood . The project meets this finding because the project minimizes the prominence of the structure when viewed from the street because the addition is located at the rear of the house. Although the roof will be over 18 feet from average grade, the roof will only be 16.5 ft. from existing grade. (e) The landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape. The project meets this finding because existing impermeable hardscape surfaces constitute less than 50% of the front setback area. No new landscaping is proposed. (f) Development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy. The project meets this finding because the proposed location and hip roof design would not impact solar access for adjacent properties. The distance between adjacent structures is sufficient to allow solar access. (g) The design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055. The project meets this finding because the structure will remain a 1 story building. The front façade will not have any substantial changes with the exception of increase in the height of the roof. 33 6 | P a g e The existing entry and eave heights that are in scale with adjacent residences. The selecting materials, colors, and details match the existing house. (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 a community view shed. 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 or conversion of up to three single-family residences. ATTACHMENTS 1. Resolution of Approval 2. Neighbor Notification Forms 3. Story Pole Certification Letter – 13870 Ravenwood Drive 4. Development Plans (Exhibit "A") 34 1 RESOLUTION NO: 16-023 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING DESIGN REVIEW PDR 16-0012 LOCATED AT 13870 RAVENWOOD DRIVE WHEREAS, on May 25, 2016, an application was submitted by Shlomi Caspi requesting Design Review approval to construct a 1,552 single story addition with a nonconforming setback and related site improvements located at 13870 Ravenwood Drive. The height of the proposed addition is approximately 18 feet 10 inches from average grade. The site is located within the R-1- 10,000 Zoning District (APN 403-23-061). 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 28, 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 in that the project follows the natural contours of the site, minimizes grading, and is appropriate given the property’s natural constraints; preserves protected trees; is designed to avoid unreasonable impacts to the privacy of adjoining properties and to community view sheds; the mass and height of the structure and its architectural elements are in scale with the structure itself and with the neighborhood; landscaping minimizes hardscape in the front setback area and contains elements that are complementary to the 35 2 neighborhood streetscape; does not unreasonably impair the ability of adjoining properties to utilize solar energy; and is consistent with the Residential Design Review Handbook. Section 5: The City of Saratoga Planning Commission hereby approves PDR16-0012 located at 13870 Ravenwood Drive, 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 28th day of September 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ DeDe Smullen Chair, Planning Commission 36 3 Exhibit 1 CONDITIONS OF APPROVAL PDR16-0012 13870 RAVENWOOD DRIVE (APN 403-23-061) GENERAL 1. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner’s successors in interest for such time period. No zoning clearance, or demolition, grading for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent or other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content to the Community Development Director. If a condition is not “Permanent” or does not have a term specified, it shall remain in effect until the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent. 2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this approval is duly executed, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the City certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 3. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga City Code incorporated herein by this reference. 4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. 37 4 COMMUNITY DEVELOPMENT 5. Site Drainage. 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. 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 2, 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. 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. Final Landscaping and Irrigation Plan. 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 38 5 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. 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. GEOLOGIST 1. Geologic clearance has been granted. The applicant should be aware that fault exploratory trenching is the most definitive method of determining the presence or absence of fault rupture hazards. Because of site physical constraints, presented opinions about fault hazards have been based on less direct methods of geologic evaluation emphasizing detection of potential surface manifestations of previous faulting. 2. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant’s review of the project prior to Zone Clearance. 3. The owner (applicant) shall enter into an Indemnity agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. PUBLIC WORKS 1. 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. Install a new standard driveway approach to the new garage. Remove and replace existing curb and gutters on the Frontage of the properties. 2. Show on plan all existing utilities (Gas, Electric, Water, Sewer and Etc.,) and new utilities to the new addition. 3. Provide site grading plan indicate area drain, bubble up, swale, elevation of the drainage in 39 6 conforming to the existing drainage plan affected by the addition to the existing dwelling. The Site Grading plan shall include but not limited to the following:  The ground immediately adjacent to the foundation shall be sloped away from the building at a slope not less than 5 percent for a distance of 10 feet measured perpendicular to the face of the wall.  If physical obstructions or lot lines prohibit 10 feet of horizontal distance, a 5 percent slope shall be provided to an approved alternative method of diverting water away from foundation. Swales used for this purpose shall be sloped a minimum of 2 percent where located within 10 feet of the building foundation  Impervious surfaces within 10 feet of the building foundation shall be sloped a minimum of 2 percent away from the building. 4. Construction Site Control  Owner shall implement a construction site inspection and control to prevent construction site discharges of pollutants into the storm drains.  The City require the construction sites year round effective erosion control, run-on and runoff control, sediment control, good site management, and non-storm water management through all phases of construction ( including, but not limited to, site grading, building, and finishing of lots) until the site is fully stabilized by landscaping or the installation of permanent erosion control measures.  City will conduct inspections to determine compliance and determine the effectiveness of the BMPs in preventing the discharge of construction pollutants into the storm drain; Owner shall require to timely correct all actual and potential discharges observed. 5. Prior to any earthwork/grading activities, Owner/contractor shall arrange a pre-construction meeting with the City of Saratoga Public Works Inspector. Please call 408-868-1224 to schedule the meeting. No Earthwork/grading activities is allow without completing adequate tree protection, Erosion control and Best Management Practice per CRWQCB SF Bay Region Municipal Regional Stomwater NPDES Permit No. CAS612008 November 19, 2015. 6. Prior to final, area drain, bubbler and site grading shall be completed. FIRE DEPARTMENT 7. Review of this Developmental proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 8. Fire Sprinklers Required: An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings as follows: In all new one- and two-family dwellings and in existing one- and two-family dwellings when additions are made that increase the building area to more than 3,600 square feet. Exception: A one-time addition to an existing building 40 7 that does not total more than 1,000 square feet of building area. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CRC Sec. 313.2 as adopted and amended by SMC. 9. Water Supply Requirements: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2010 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 10. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 11. Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. SUBMITTAL 12. 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. 41 8 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 ****************** 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59