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Home My WebLink About02-13-13 Planning Commission Agenda PacketTable of Contents Agenda 3 January 23, 2013 Draft Minutes 5 Application PDR12-0024; 15124 Sobey Road (397-07-066); Neehar and Radica Giri / JCA Architects - The applicant is requesting Design Review approval for a 199 square foot addition to an existing one story single-family home and the construction of a detached 734 square foot deed restricted secondary dwelling unit. The proposed project would increase the allowable building square footage on the site to 6,929 square feet. Staff Contact: Christopher Riordan (408) 868-1235 Staff Report 7 Attachment 1 - Resolution 13 Attachment 2 - Residential Calgreen Measures Checklist 17 Attachment 3 - Neighbor Notification Forms 25 Attachment 4 - Public Hearing Notice and Address List 27 Attachment 5 - Development Plans (Exhibit "A")29 Application MOD13-0001; 14639 Big Basin Way (503-25-013); Yao / SC Design Group - The applicant is requesting approval of minor modifications to an existing Design Review (PDR12- 0011) and Conditional Use Permit (CUP12-0004) approval to construct a two-story commercial building, four-car garage, and two residential townhouses. Staff Contact: Michael Fossati (408) 868-1212 Staff Report - 14639 Big Basin Way 37 Att. 1 - Resolution - 14639 Big Basin Way 42 Att. 2 - Letter from SC Design Group 49 Att. 3 - Approved Plans - 14639 Big Basin 51 Att. 4 - 14639 Big Basin - Notice 62 Att. 5 - Reduced Plans, Exhibit 'A'68 Application PDR12-0023; 20013 Cox Avenue (386-44-040; Sprint - The applicant is requesting Design Review approval to install three new panel antennas and six Remote Radio Units (RRU) 77’ above grade on an approximately 144’ tall existing Pacific Gas & Electric lattice tower. Two new equipment cabinets would be installed within an existing 493 square foot fenced enclosure located to the northwest of the lattice tower. There is no proposed increase in height to the existing tower or increase in size of the fenced enclosure to accommodate this project. Staff Contact: Christopher Riordan (408) 868-1235 Staff Report 83 Attachment 1 - Resolution 88 Attachment 2 - Public Hearing Notice and Address List 93 Attachment 3 - Applicant's Neighbor Notice 96 Attachment 4 - Map and List of other Sprint Sites in the City of Saratoga 97 Attachment 5 - Coverage Maps 99 1 Attachment 6 - Photo Simulations 101 Attachment 7 - Radio Frequency Report 103 Attachment 8 - Developent Plans (Exhibit "A")117 Changes to the Tree Regulations to 1) Waive the fee for a permit application for fallen trees; 2) Refund the permit application fee for a dead tree; 3) Modify the notification process so it notifies nearby residents of the decision and provides time to appeal before the trees are removed; as well as to review the costs associated with and alternatives to tree protection security deposits for development projects. Staff report 124 Att. 1 - Resolution 127 Att. 2 - Changes to the Tree Regulations 129 Att. 3 - city survey - dead and fallen trees 140 Att. 4 city survey - tree protection security deposits 141 2 AGENDA REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, February 13, 2013 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of January 23, 2013 COMMUNICATIONS FROM COMMISSION & PUBLIC 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. The 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 under Planning Commission direction to Staff. REPORT OF 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, pursuant to Municipal Code 15-90.050 (b). PUBLIC HEARING All interested persons may appear and be heard at the above time and place. Applicants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing statements. 1. Application PDR12-0024; 15124 Sobey Road (397-07-066); Neehar and Radica Giri / JCA Architects - The applicant is requesting Design Review approval for a 199 square foot addition to an existing one story single-family home and the construction of a detached 734 square foot deed restricted secondary dwelling unit. The proposed project would increase the allowable building square footage on the site to 6,929 square feet. Planning Commission Design Review is required per City Code Section 15-45.060(a)(6) because the floor area of all structures on the site would exceed 6,000 square feet. Staff Contact: Christopher Riordan (408) 868-1235 Recommended action: Adopt Resolution Number 13-005 approving the project subject to conditions of approval. 2. Application MOD13-0001; 14639 Big Basin Way (503-25-013); Yao / SC Design Group - The applicant is minor modifications to an existing Design Review (PDR12-0011) and Conditional Use Permit (CUP12- 0004) approval to construct a two-story commercial building, four-car garage, and two residential townhouses. Staff Contact: Michael Fossati (408) 868-1212 Recommended action: Adopt Resolution No. 13-006 approving the project subject to conditions of approval. 3 3. Application PDR12-0023; 20013 Cox Avenue (386-44-040; Sprint - The applicant is requesting Design Review approval to install three new panel antennas and six Remote Radio Units (RRU) 77’ above grade on an approximately 144’ tall existing Pacific Gas & Electric lattice tower. Two new equipment cabinets would be installed within an existing 493 square foot fenced enclosure located to the northwest of the lattice tower. The project is upgrading the site from the current 3G technology to 4G so as to provide increased capacity and data speeds. The three existing panel antennas and the two existing equipment cabinets would be removed. There is no proposed increase in height to the existing tower or increase in size of the fenced enclosure to accommodate this project. Staff Contact: Christopher Riordan (408) 868- 1235 Recommended action: Adopt Resolution No. 13-0023 approving Design Review PDR12-0023 subject to conditions of approval. 4. Changes to the Tree Regulations to 1) Waive the fee for a permit application for fallen trees; 2) Refund the permit application fee for a dead tree; 3) Modify the notification process so it notifies nearby residents of the decision and provides time to appeal before the trees are removed; and 4) Review alternatives to a tree protection security deposit for development projects. Staff Contact: Kate Bear (408)868-1276 Recommended action: Accept the proposed changes to the Zoning Code, City Code Article 15-50, Tree Regulations. DIRECTOR/COMMISSION COMMUNICATION ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning Commission by City Staff in connection with this agenda are available at the office of the Community Development at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the Planning Commission concurrently with the posting of the agenda are also available on the City website at www.saratoga.ca.us. Any materials distributed by staff after the posting of agenda are available for public review at the Community Development Department at the time they are distributed to the Planning Commission. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 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). CERTIFICATE OF POSTING OF AGENDA I, Abby Ayende, 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 February 7, 2013 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. 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 4 ACTION MINUTES REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, January 23, 2013 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL ABSENT Commissioners Grover and Reis APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of January 9, 2013(5:0:0) COMMUNICATIONS FROM COMMISSION & PUBLIC 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. The 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 under Planning Commission direction to Staff. REPORT OF 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, pursuant to Municipal Code 15-90.050 (b). PUBLIC HEARING All interested persons may appear and be heard at the above time and place. Applicants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing statements. 1. Application ENV12-0004, PDR12-0019, CUP12-0006; 15240 Madrone Hill Rd (517-22-060); David and Colette Kress / Allen Nikitin - The applicant is requesting Design Review and Conditional Use Permit approval to replace an existing two-story residence, caretaker’s house, garage and greenhouse with a new 33 ft. tall, 7,793 sq. ft. two-story residence. The proposed project includes a 3,200 sq. ft. basement and a secondary dwelling unit within the main residence. CUP approval is required because the applicant is requesting a building height exception to adhere to a specific architectural style. Staff Contact: Michael Fossati (408) 868-1212. Recommended action: Adopted Resolution No. 13-0001 approving the project subject to conditions of approval, as amended. (4:1(Walia):0) New conditions include allowing the roof ridge to be no taller than 30 feet, allowing the main entry and spire stairwell element to be no taller than 32 feet, to include future arborist report requirements as 5 conditions of approval, and not requiring the applicant to repair Madrone Hill Road if the road is damaged by natural causes. 2. Application GPA13-0001 (CITY WIDE): Update to the General Plan Safety Element that includes minor grammatical edits, an update of changes in regulatory requirements or processes, and an update of corresponding maps. A Negative Declaration (ND) was prepared for the update and made available for public review beginning December 19, 2012. Staff Contact: Crystal Bothelio (408)886-1269 Recommended action: Adopted Resolution No. 13-002 thereby recommending the City Council adopt the Negative Declaration and updated Safety Element. (5:0:0) DIRECTOR/COMMISSION COMMUNICATION ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning Commission by City Staff in connection with this agenda are available at the office of the Community Development at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the Planning Commission concurrently with the posting of the agenda are also available on the City website at www.saratoga.ca.us. Any materials distributed by staff after the posting of agenda are available for public review at the Community Development Department at the time they are distributed to the Planning Commission. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 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). CERTIFICATE OF POSTING OF AGENDA I, Abby Ayende, 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 January 17, 2013 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. 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 6 REPORT TO THE PLANNING COMMISSION Meeting Date: February 13, 2013 Application: PDR12-0024 Location / APN: 15124 Sobey Road / 397-07-066 Owner/Applicant: Neehar & Radica Giri / JCA Architects Staff Planner: Christopher Riordan SITE 15124 SOBEY ROAD 7 15124 Sobey Road Summary PROJECT DESCRIPTION: The applicant is requesting Design Review approval for a 199 square foot addition to an existing one story single-family home and the construction of a detached 734 square foot deed restricted secondary dwelling unit. The proposed project would increase the allowable building square footage on the site to 6,929 square feet. Planning Commission Design Review is required per City Code Section 15-45.060(a)(6) because the floor area of all structures on the site would exceed 6,000 square feet. STAFF RECOMMENDATION: Adopt Resolution Number 13-005 approving the project subject to conditions of approval. PROJECT DATA: Net Site Area: 71,823 SF Average Slope: 16.4% General Plan Designation: RVLD (Residential Very Low Density) Zoning: R-1-40,000 Proposed Allowed/Required Proposed Site Coverage Residential Footprint Driveway Decks/Walkways Breezeway Pool Covered Porch Secondary Dwelling Unit Total Proposed Site Coverage 6,164 sq. ft. 10,562 sq. ft. 2,265 sq. ft. 110 sq. ft. 728 sq. ft. 77 sq. ft 734 sq. ft. 20,640 sq. ft. (24.8%) Maximum Coverage Allowed is 25,138 SF (35%) Floor Area Main Floor Enclosed Porch Garage Secondary Dwelling Unit Total 5,463 sq. ft. 31 sq. ft. 701 sq. ft. 734 sq. ft. 6,929 sq. ft. Maximum Floor Area Allowed is 6,930 sq. ft. (Which Includes 630 sq. ft. Bonus for Deed Restricted Secondary Dwelling Unit) Height (Residence) Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: 103 108.57 105.79 118.29 (12.5 Ft.) Maximum Building Height is 26 Feet Setbacks Front: Left Side: Right Side: Rear: 1st Story 30’ 20’ 20’ 50’ 2nd Story n/a n/a n/a n/a 1st Story 161’ 21’ 59’- 4” 52’-10” 2nd Story n/a n/a n/a n/a Page 2 of 6 8 15124 Sobey Road PROJECT DESCRIPTION AND SITE CHARACTERISTICS Site Description: The project is located at 15124 Sobey Road near its intersection with Sperry Lane. An existing 5,162 square foot one story single-family residence is located on the site. A pool house and swimming pool are located in the southeastern corner of the site. The applicant has a building permit for an existing 834 square foot single-story addition that is currently under construction. Single-family homes are located on all adjacent properties. The average slope of the lot is 16 percent with a 32 foot reduction in elevation from the southeastern corner of the lot to it northwestern corner. The building pad is relatively level. Project Description and Architectural Style: The existing single-story residence that is presently being remodeled and expanded was approved through the Technical Review process in December 2012. The project did not qualify for Design Review because the addition was less than a 50 percent increase in floor area and the project did not exceed 18 feet in height. The total floor area of the project under construction is 5,996 square feet. During construction the applicant submitted a Design Review application for a 734 square foot detached deed restricted secondary dwelling unit and a 199 square foot addition to the main house. The secondary dwelling unit would be located in the southeastern corner of the site, adjacent to the pool and in the approximate location as the existing pool house. Planning Commission Design Review is required for the current application because the proposed project would cause the floor area of all structures on the site to exceed 6,000 square feet. The proposed secondary dwelling unit would be deed restricted which would increase the sites 6,300 square feet allowable floor area by an additional 10 percent for a maximum allowable floor area of 6,930 square feet. The total proposed floor area is 6,929 square feet. The secondary dwelling unit would be 12’-6” tall. It would have a similar architectural appearance as the main structure and would feature a Mediterranean architectural style with stained wood entrance doors, an “off white” colored smooth finish stucco exterior, brown colored trim, and a mission tile roof. Saratoga City Code Section 15-56.030(d) allows a one-time ten percent increase in site coverage and allowable floor area if an applicant agrees to a deed restriction that would restrict the rental of a second unit to below market rate (BMR) households. A condition has been added to the project requiring this deed restriction be recorded prior to issuance of a building permit. The provision of the BMR second unit would allow the applicant to construct an additional 630 square feet of floor area on the site above the maximum allowable floor area of 6,300 square feet for a total allowable floor area of 6,930 square feet. In addition, the 25,138 square foot maximum site coverage would also be increased by ten percent for total allowed site coverage of 27,652 square feet. The United States Department of Housing and Urban Development (HUD) publishes an annual list of income limits for Santa Clara County households that would qualify as lower (80%), very-low Page 3 of 6 9 15124 Sobey Road (50%), or extremely-low (30%) income households that would be eligible to rent a BMR housing unit. All percentages are based on the 2011 Santa Clara County median income level of $89,064. As an example, a couple with a combined yearly income of $82,800 (80% of the median) would be eligible to rent the proposed secondary dwelling unit. Saratoga City Code Section 15-56.030 contains Development Standards applicable to Secondary Dwelling Units. The 734 square foot Secondary Dwelling Unit would be deed restricted thereby requiring that, if the unit was rented, that it be rented to Below Market Rate households. The Unit complies with the Development Standards by: • Exceeding the minimum lot size required for a Secondary Dwelling unit in the R-1-40,000 zone district per City Code Section 15-13.060(e). • Being larger than the minimum size of 400 square feet, not exceeding the maximum size of 1,200 square feet, and not exceeding two bedrooms. • Providing one off street parking space located within the three-car garage. The parking requirements for a secondary dwelling unit are a minimum of one off-street parking space within a garage. The garage requirement may be waived if the second dwelling unit is deed restricted but a parking space still must be provided. There would be an unenclosed parking space located to the right of secondary dwelling unit. Nonetheless, the project will include a three-car garage thus meeting the covered parking requirements for both the main and the secondary dwelling unit. • Providing access by a common driveway. • Having a common architectural appearance as the main residence. Materials and Colors: Detail Colors and Materials Exterior “Off White” Colored Smooth Stucco Windows Tinted Glass w/ Black Colored Aluminum Trim Entry Door Brown Stained Wood Roof Mixed Brown Colored Mission Tiles Trees: The proposed project is not impacting protected trees so City Arborist Review was not required. The existing remodel project received City Arborist approval to removed one protected tree. Residential Calgreen Measures: The applicant submitted a Residential Calgreen Measures Checklist which includes both mandatory and elective “green” construction techniques which is included as Attachment #2. Some of the proposed elective measures include: • Deconstruction and Reuse of Existing Materials • Exceed the California Energy Code 2008 Energy Efficiency Standards by 15 percent. • High Efficiency Ductwork • Tankless Water Heater • Energy Star Appliances • Efficient Framing Techniques to minimize construction waste Page 4 of 6 10 15124 Sobey Road Neighbor Notification and Correspondence: The applicant sent Neighbor Notification Forms for the project to all adjacent neighbors. Two neighbors signed the forms and forwarded them back to the applicant with no negative project related comments (Attachment #3). A Public Notice was also sent to property owners within 500 feet of the site. No concerns have been brought to the City’s attention as of the writing of this staff report. FINDINGS Design Review Findings: The findings required for issuance of a Design Review approval pursuant to City Code Article 15- 45 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (a) The project avoids unreasonable interference with views and privacy. The project meets this finding in that the proposed secondary dwelling unit is 12’-6” tall and will not include second story elements or windows to interfere with views and privacy. The existing landscaping on the subject property as well as on neighboring properties would preserve the existing privacy for adjacent neighbors from views from the secondary dwelling unit as well as the addition to the main house. The proposed secondary dwelling unit would be located in the same area as the existing pool house. Site placement and existing landscaping would block views of the secondary dwelling unit from Sobey Road. (b) The project preserves the natural landscape. The project meets this finding in that there is no natural landscaping to protect in the vicinity of the residential addition or the secondary dwelling unit. The secondary dwelling unit would be located in a previously developed area currently occupied by the pool house. (c) The project preserves protected, native and heritage trees. The project meets this finding in that no protected, native and heritage trees are proposed for removal. (d) The project minimizes the perception of excessive bulk. The project meets this finding in that the residential addition would be constructed at the same height as the existing building with complimentary building forms, roof lines and building materials and consistent roof forms with sufficient architectural articulation to reduce the impression of bulk. The secondary dwelling unit would be 12’-6” tall and sited a sufficient distance away from the main dwelling to minimize massing. Existing landscaping and the placement of the secondary dwelling unit in the southeastern corner of the site so it is screened by the existing residence would reduce the views of structure from Sobey Road. (e) The project is of compatible bulk and height. The project meets this finding in that the proposed secondary dwelling unit is 12’-6” tall and is shorter than the main building. The 734 square foot secondary dwelling unit would be compatible with the taller one and two-story homes within the immediate neighborhood. Page 5 of 6 11 15124 Sobey Road Page 6 of 6 (f) The project uses current grading and erosion control methods. The project meets this finding in that it is conditioned to meet required grading and erosion control standards. (g) The project follows appropriate design policies and techniques. Policy 1: Minimize Perception of Bulk – the use of material and colors to reduce bulk, minimizing building height and designing structure to fit with existing neighborhood. Policy 2: Integrate Structures with Environment – the use of natural materials and colors and landscaping to blend with the environment. Policy 3: Avoid Interference with Privacy - controlling views to adjacent properties, locating buildings to minimize privacy impact, and using landscaping to enhance privacy. Policy 4: Preserve Views and Access to Views – locating structure to minimize view blockage and locating structure to reduce height impact. Policy 5: Design for Energy Efficiency – designing for maximum benefit of sun and wind as well as allowing light, air and solar access to adjacent homes, and incorporating energy-saving measures into the design. Environmental Determination: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. ATTACHMENTS: 1. Resolution of Approval for Design Review 2. Residential Calgreen Measures Checklist 3. Neighbor Notification Forms 4. Public Hearing Notice, Mailing Addresses for Project Notification 5. Development Plans (Exhibit "A") 12 RESOLUTION NO: 13-005 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING A RESIDENTIAL ADDITION AND A DETACHED SECONDARY DWELLING UNIT THAT WOULD INCREASE THE SITES ALLOWALBE FLOOR AREA BEYOND 6,000 FEET, LOCATED AT 15124 SOBEY ROAD WHEREAS, on December 18, 2012, an application was submitted by JCA Architects on behalf of Neehar & Radica Giri requesting Design Review approval to construct a new 724 square foot detached secondary dwelling unit and a 199 square foot addition to an existing one story single- family home which would increase the sites building square footage beyond 6,000 square feet. The project has a total floor area of 6,929 square feet. The site is located within the R-1-40,000 zoning district (APN 397-07-066). 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 February 13, 2013, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City Staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. Section 3: The project is consistent with the following Saratoga General Plan Policies: Land Use Goal 13 which provides that the City shall use the Design Review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings; Safety Element Site and Drainage Policy 3 which provides that the City shall require that landscaping and site drainage plans be submitted and approved during Design Review for a residence prior to issuance of permits; 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 avoids unreasonable interference with views and privacy; preserves the natural landscape and native and heritage trees; minimizes the perception of excessive bulk and is of compatible bulk and height; uses current grading and erosion methods; and follows appropriate design polices and techniques. 13 Resolution No. 13-005 Section 6: The City of Saratoga Planning Commission hereby approves PDR12-0024 located at 15124 Sobey Road, subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 13th day of February 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Tina K. Walia Chair, Planning Commission 14 Resolution No. 13-005 Exhibit 1 CONDITIONS OF APPROVAL PDR12-0024 15124 SOBEY ROAD / APN 397-07-066 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. 5. THIS CONDITION IS PERMANENT. Deed Restriction: Secondary Dwelling Unit. Because the Project includes a secondary dwelling unit, the Property Owner shall record a deed restriction satisfactory to the Community Development Director limiting rental of the secondary 15 Resolution No. 13-005 dwelling unit to below market rate (BMR) households prior to issuance of Zoning Clearance for a Building Permit. 6. The owner/applicant shall comply with all City requirements regarding drainage, including but not limited to complying with the city approved stormwater management plan. The project shall retain and/or detain any increase in design flow from the site, that is created by the proposed construction and grading project, such that adjacent down slope properties will not be negatively impacted by any increase in flow. Design must follow the 2007 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. Additionally, the site development plan must not restrict, obstruct or alter the existing natural drainage swale along the rear property in any way that would cause or increase erosion. 7. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with City Code. 8. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department. 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. 9. The owner/applicant shall agree to all conditions required by the Saratoga Building Department. 10. The owner/applicant shall agree to all conditions required by the City Engineer, as applicable. 11. The owner/applicant shall agree to all conditions required by the City Arborist, as applicable, prior to issuance of building permits. 12. The owner/applicant shall agree to all conditions required by the Santa Clara County Fire Department, as applicable. 13. The owner/applicant shall agree to all conditions required by the Sewer District, as applicable, prior to issuance of building permits. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 REPORT TO THE PLANNING COMMISSION Meeting Date: Feb 13, 2013 Application: MOD13-0001 Location / APN: 14639 Big Basin Way / 503-25-013 Owner / Applicant: Jie Yao / SC Design Group Staff Planner: Michael Fossati 14639 Big Basin Way 37 SUMMARY ZONING GENERAL PLAN DESIGNATION Commercial-Historic 2 (CH-2) Commercial Retail (CR) PARCEL SIZE AVERAGE SLOPE 16,852 square feet (net lot size) 18.3% GRADING REQUIRED 732 cubic yards (694 c.y. of cut and 38 c.y. of fill) PROJECT DESCRIPTION: The applicant is requesting modifications to a previous design review, conditional use permit and tentative map approval to construct a mixed-use project that includes one two-story commercial building, a four-car attached garage and two residential townhomes. STAFF RECOMMENDATION: Adopt Resolution No. 13-006 approving the project subject to conditions of approval. 2 38 PROJECT DATA Net Lot Size: 16,852 sq. ft. Proposed Allowed Density 3 units 8 units Floor Area Townhouse #1: Townhouse #2: Commercial Building: Garage: Total 1,451 sq. ft. 1,451 sq. ft. 3,068 sq. ft. 815 sq. ft. 6,785 sq. ft. Floor Area not limited. The City may impose no condition limiting the percentage of the total allowable residential floor area on a mixed-use site to less than or equal to fifty percent. Proposed Building Coverage * 3,370 sq. ft. (20%) 60% Maximum Pedestrian Open Space 11,155 sq. ft. (67%) 20% Minimum Setbacks Front: Left Side: Right Side: Rear: 15’ 5’ 5’ 119’ 15’ No setback required No setback required No setback required from top bank of creek Height (Office/Commercial) Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: 516.40’ 517.60’ 517.00’ 543.00’ (26’) Maximum Building Height is 543.00’ (26 Feet) Height (Garage) Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: 515.60’ 516.40’ 516.00’ 540.75’ (24’9”) Maximum Building Height is 542.00’ (26 Feet) Height (Townhomes) Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: 505.60’ 515.40’ 510.40’ 536.50’ (26’) Maximum Building Height is 536.50’ (26 Feet) * Commercial Districts only limit site coverage with structures, not with paving or impervious surfaces. 3 39 Background The mixed-use project was previously reviewed and approved on July 25, 2012. The property has changed owners. The new owner is requesting modifications to the previous design. Those modifications include the following: • Increase the office / retail square footage by 217 sq. ft. by projecting a portion of the front elevation of the commercial building. • Increase the townhomes square footage by 86 sq. ft. (43 sq. ft. for each townhome). The addition allows an additional bedroom to be added to each second floor unit. The previous project had only one bedroom on the second floor. • Move the exterior parking space closer to Townhouse #2 • Modify the front door location of the townhouses. Primary access is gained by walking down steps from the outside and coming in from the side. The previous project had the primary access directly through the front. • Change the allowable access into the basement from either an internal stairwell or an external light well. The previous project only allowed access from an internal stairwell. The applicant has submitted a letter to the City explaining the updated proposal. That letter has been included as Attachment 2. Overall Design The overall design has remained relatively the same as was previously approved. The proposed exterior (horizontal wood siding and wood shingle) and metal roof, divided lite windows, wood frame entry doors and “carriage” garage doors will remain. The most prominent differences is the increase floor areas along the front elevation of the first and second floor of the commercial building and the primary access from the townhomes being changed from the front into the side. The architectural plans of the previous submittal have been included as Attachment #3. Neighbor Correspondence Staff sent a “Notice of Public Hearing” to all property owners within 500 feet of the subject property. The public hearing notice and description of the project was published in the Saratoga News. Staff has not received any comments regarding the modification of the project. ENVIRONMENTAL DETERMINATION: The project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, 15315 and 15332 of the Public Resources Code. Section 15303 allows “new construction or conversion of small structures”, which, in an urbanized area, applies to up to four commercial buildings, not exceeding 10,000 square feet, as long as the building are not involved with the use of a significant amount of hazardous substances, where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Section 15315 allows “the division of property within an urbanized area zoned residential or commercial 4 40 5 into four or fewer parcels, when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel is not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent”. Section 15332 allows “projects characterized as in-fill development meeting conditions, such as, conformance with the applicable general plan designation and all general plan policies, zoning designation, and regulations”. The project is proposing new construction of one commercial building and two residential buildings (a total of three buildings), the subdivision of three parcels, all within an urbanized area, consistent with general plan, zoning policies and regulations. The project sponsor has not requested any variance or exception for the proposed entitlements. STAFF RECOMMENDATION Adopt Resolution No. 13-006 approving the project subject to conditions of approval. ATTACHMENTS: 1. Resolution of Approval – 14639 Big Basin Way 2. Letter submitted by SC Design Group, dated 1/15/13 3. Approved plans, PDR11-0030 4. Public hearing notice, mailing addresses, and map for project notification 5. Reduced Plans, Exhibit "A.” 41 RESOLUTION NO. 12-033 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING THE MODIFICATION (MOD13-0001) OF DESIGN REVIEW (PDR12- 0011), CONDITIONAL USE PERMIT (CUP12-0004) AND TENTATIVE SUBDIVISION MAP (SUB12-0004) LOCATED AT 14639 BIG BASIN WAY WHEREAS, on January 17, 2013, an application was submitted by SC Design Group on behalf of the owner Jie Yao, requesting modification of previously approved design review, conditional use permit, and tentative subdivision map to construct a mixed-use commercial unit, two residential townhomes, and an associated parking garage, located at 14639 Big Basin Way (APN 503-23-013). The property is located within the Commercial Historic 2 (CH-2) Zoning District. The foregoing work is described as the “Project” in this Resolution; and WHEREAS, the limits of ownership, whether residential or commercial space, will be defined on the condominium plans (a part of Covenants, Conditions and Restrictions (CC&R)) that will be prepared together with the tract map and recorded concurrently for one commercial unit and two residential townhomes; and WHEREAS, a Maintenance Association will be formed to maintain both land and the buildings; and WHEREAS, on February 13, 2013, 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. All comments on the proposed project were raised during the public comment period and at the Public Hearing on the Project and were considered by the Planning Commission. 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 consistent with Saratoga General Plan Land Use Element Policy 5.4, in that through the development review process; ensure that adjoining neighborhoods are protected from noise, light, glare and other impacts resulting from new or expanded non- residential development, and Land Use Element Policy 5.2 in that development proposals shall be evaluated against City standards and guidelines to assure that the related traffic, noise, light, appearance, and intensity of the proposed use have limited adverse impact on the area and can be fully mitigated. Section 3: The project is consistent with the Saratoga City Code, Saratoga Village Plan and Saratoga Village Design Guidelines in that the design and improvements of commercial and multi-family structures utilize harmonious architectural features; that the proposed landscaping shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; that the colors of wall and roofing materials blend with the natural landscape and be nonreflective; and that the proposed development be compatible in terms of height, bulk, and design with other structures in the immediate area. 42 Resolution No. 13-006 Page 2 Section 4: The project meets the burden of proof required to support the conditional use permit in that the proposed location of the mixed-use development is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located; that 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; the proposed conditional use will comply with each of the applicable provisions of this Chapter; and 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. Section 5: The City of Saratoga Planning Commission hereby approves applications MOD13-0001, for the project located at 14639 Big Basin Way, subject to the Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission this 13th day of February 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Tina K. Walia Chair, Planning Commission 43 Resolution No. 13-006 Page 3 EXHIBIT 1 CONDITIONS OF APPROVAL MOD13-0001 14639 BIG BASIN WAY (503-25-013) 1. All conditions established per Resolution 12-033 are considered null and void, and replaced with the following conditions below. 2. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner’s successors in interest for such time period. No zoning clearance, or demolition, or grading 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. 3. 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. 4. 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 processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 5. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. 6. 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. 44 Resolution No. 13-006 Page 4 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 City Attorney. COMMUNITY DEVELOPMENT 7. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated January 17, 2013 denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with Condition 4, above. 8. Front yard landscaping. Front yard landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Department of 150% of the estimated cost of the installation of such landscaping shall be provided to the City. 9. Cultural Resources. If archaeological or cultural resources or human remains are discovered, the following conditions shall be implemented.  If significant cultural materials are found during project construction activities, all construction shall cease within a 50-foot radius of the find in order to proceed with the testing and mitigation measures required. The City of Saratoga shall be notified, and a qualified archaeologist shall examine the find and make appropriate recommendations regarding the significance of the find and the appropriate mitigation. Recommendations could include collection, recordation, and analysis of any significant cultural material. Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of the public Resources Code of the State of California.  In the event of the discovery of human remains during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlay adjacent remains. The Santa Clara County Coroner shall be notified and shall make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission who shall attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this State Law, then the land owner shall re-inter the human remains and items associated with Native American burials on the property in a location not subject to further subsurface disturbance.  In the event any unrecorded archaeological resources are recorded, it will be the responsibility of the project archaeologist to (at a minimum) record the location of the resources on DPR archaeological site forms to be submitted to the Northwest Information Center (NWIC) at the completion of the project. If it has been determined that additional earthmoving activities will further disturb the resource, a plan for its evaluation under current CEQA guidelines should be submitted to the City of Saratoga for approval before a program of hand excavation is undertaken. 45 Resolution No. 13-006 Page 5  If evaluative testing demonstrates that the property contains an archaeological resource eligible for inclusion on the California Register of Historical Resources, the project applicant should submit a plan for mitigation of impacts to that resource to the City of Saratoga for approval before additional data recovery efforts are allowed to proceed in areas of planned impacts. Mitigation can take the form of additional archaeological monitoring along with recording and/or removal of significant archaeological materials and information. Mitigation should also include the analysis and production of a report of findings at the completion of archaeological fieldwork for submission to the City and the NWIC.  After discovery of any significant cultural resources, a final report shall be submitted to the City of Saratoga. This report shall contain a description of the monitoring and testing program, a list of the resources found, a summary of the resources analysis methodology and conclusion, and a description of the disposition/duration of the resources. The report shall verify completion of the mitigation program to the satisfaction of the City of Saratoga. CITY ARBORIST 10. Compliance with Tree Regulations and City Arborist Report. All requirements in the City Arborist Report dated June 21, 2012, and all other future updated reports, are hereby adopted as conditions of approval and shall be implemented as part of the Approved Plans. CITY GEOLOGIST 11. Compliance with Geotechnical Clearance and City Engineer. All requirements in the Geotechnical Clearance memorandum dated July 19, 2012, and all other future updated reports, and all other conditions, as specified by the City Geologist are hereby adopted as conditions of approval and shall be implemented as part of the Approved Plans. 12. The Project Geotechnical Engineer shall review and approve all geotechnical design aspects of the final detailed site construction plans (i.e., site preparation and grading, drainage improvements, and design parameters for the proposed foundations and retaining walls) to ensure that geotechnical recommendations have been properly incorporated. 13. The geotechnical consultant shall inspect, test (as needed), and approve all geotechnical aspects of project construction. The inspections should include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the placement of steel and concrete. The consultant shall perform a final inspection of completed project drainage improvements and confirm compliance with geotechnical standards. The results of these inspections and the as-built conditions of the project shall be described by the Project Geotechnical Engineer in a letter and submitted to the City Engineer for review prior to final (as-built) project approval. 46 Resolution No. 13-006 Page 6 PUBLIC WORKS 14. THIS CONDITION IS PERMANENT. Deed Restriction: Trail Easement. The property owner shall record a deed restriction, satisfactory to the Community Development Director, dedicating a pedestrian trail easement along Saratoga Creek to the City of Saratoga as provided in the Trail Easement Agreement and depicted on the Trails Master Plan included in the Open Space Conservation Element of the City of Saratoga General Plan. A legal description and plat plan or a verbal trail description shall be prepared for the trail easement dedication and submitted to the City Public Works Department for review and approval. The width and exact location of the trail easement is subject to approval by the Public Works Department. This Trail Easement shall be recorded on the deed prior to issuance of Zoning Clearance for a Building Permit. 15. The owner/applicant shall comply with requirements of Provision C.3 of National Pollutant Discharge Elimination System Permit. The applicant shall use and maintain Best Management Practices (BMP’s) for site design and storm water treatment. The project site shall be designed to prevent pollutants from being washed into creeks and storm drains. 16. The applicant shall dedicate a private storm drain easement associated with the proposed storm drain system. The storm drain easement shall be shown on the Final Map. Maintenance of the storm drain system shall be recorded either on the Final Map or by a separate document referenced on the Final Map. 17. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative Map, along with the additional documents required by Section 14- 40.020 of the Municipal Code, to the City Engineer for examination. The Final Map shall contain all of the information required in Section 14-40.030 of the Municipal Code and shall be accompanied by the following items:  One copy of map checking calculations.  Preliminary Title Report for the property dated within ninety (90) days of the date of submittal for the Final Map.  One copy of each map referenced on the Final Map.  One copy of each document/deed referenced on the Final Map.  One copy of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the City Engineer. 18. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the time of submittal of the Final Map for examination. 19. Interior monuments shall be set at each lot corner either prior to recordation of the Final Map or some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the 47 Resolution No. 13-006 Page 7 setting of interior monuments to a specified later date, then sufficient security as determined by the City Engineer shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. 20. The owner (applicant) shall obtain an Encroachment Permit from the City of Saratoga for any and all improvements in the City right-of-way or City easement prior to commencement of the work. The owner (applicant) shall replace sections of sidewalk and/or curb and gutter as determined during the Encroachment Permit issuance 21. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements and/or rights-of-way on the Final Map, in substantial conformance with the approved Tentative Map, prior to Final Map approval. 22. Prior to Final Map approval, the owner (applicant) shall furnish the City Engineer with satisfactory written commitments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements to serve the subdivision. 23. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to commencement of subdivision improvement construction. Copies of permits other than those issued by the City shall be provided to City Engineer. 24. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map approval. 25. All building and construction related activities shall adhere to New Development and Construction - Best Management Practices as adopted by the City for the purpose of preventing storm water pollution. 26. THIS CONDITION IS PERMANENT. The property owner shall record a deed restriction, satisfactory to the Community Development Department, requiring the four enclosed parking spaces for the sole use by the owners of parcels 2 and 3. 27. THIS CONDITION IS PERMANENT. The property owner shall record a deed restriction, satisfactory to the Community Development Department, requiring that the architectural themes and colors of the commercial and residential developments remain harmonious. 48 20370 Town Center Lane Cupertino, CA 95014 408.865.0577 January 15, 2013 City of Saratoga Planning Department 13777 Fruitvale Avenue Saratoga, CA 95070 Attn: Michael Fossati RE: Updated Proposal for Tollgate Building 14639 Big Basin Way Dear Mr. Fossati, The following list outlines the primary differences between the formerly approved proposal dated 5.25.2012 prepared by Metro Design Group and the current proposal dated 1.17.2013 prepared by SC Design Group. We view the changes as improvements in quality over the prior design. This should help assure the long-term viability of both the commercial and residential components of this development. We find this to be of particular importance when investing in a location such as downtown Saratoga. FLOOR AREA - At the office/retail, the square footage has increased from 2851 SF to 3068 SF (+217 SF). We gain this space by reconfiguring the floor plan to while still keeping the street-front (south) and driveway-side (west) elevations effectively as designed in the first proposal. Most of the added square footage goes towards the ground level retail space so that we can attract a longer-term high-quality tenant. - At the townhouses, the square footage has increased in each townhouse from 1408 SF to 1451 SF (+43 SF each…Total gain is 86 SF). It was very important for us to get 2 bedrooms on the 2nd floor opposed to the prior proposal which had a master on the 2nd floor and a 2nd bedroom in the basement. 49 SITE - The exterior parking space has been moved to a parallel spot opposite the garage doors. - Primary access to the townhouses is now gained by walking down steps on the outside of the structures. - Lightwells have been provided at each townhouse to make the basement more of a useable space which is critical in such tightly designed housing. LOOK & MASSING - ALL of the interior floor heights & building ridge heights are unchanged. - The footprint of the townhouses was mirrored which provides greater clearance from Tree #6 (large live oak). - The material scheme of the townhouses was improved to be in-line with the front structure by providing variation between lap & shake siding. In addition there is more effort to break up the massing of the street-facing elevation by incorporating rooflets as well as columns similar to the front building. Outside of those changes, the current project is effectively the same as the prior. Thank you, Stephen Mott 50 Design approved by PC on 7/12/12 51 Design approved by PC on 7/12/12 52 Design approved by PC on 7/12/12 53 Design approved by PC on 7/12/12 54 Design approved by PC on 7/12/12 55 Design approved by PC on 7/12/12 56 Design approved by PC on 7/12/12 57 Design approved by PC on 7/12/12 58 Design approved by PC on 7/12/12 59 Design approved by PC on 7/12/12 60 Design approved by PC on 7/12/12 61 CITY OF SARATOGA Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1222 NOTICE OF PUBLIC HEARING The City of Saratoga’s Planning Commission announces the following public hearing on: Wednesday, the 13th day of February 2013, at 7:00 p.m. The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. The public hearing agenda item is stated below. Details of this item are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding Friday office closures. APPLICATION/ADDRESS: MOD13-0001 / 14639 Big Basin Way APPLICANT/OWNER: Yao / SC Design Group APN: 503-25-013 DESCRIPTION: The applicant is minor modifications to an existing Design Review (PDR12- 0011) and Conditional Use Permit (CUP12-0004) approval to construct a two-story commercial building (1097 sq. ft. on the first floor and 1,754 sq. ft. on the second floor), four-car garage, and two residential townhouses. Each townhouse will be approximately 1,400 sq. ft. in size, not including an approximate 700 sq. ft. basement. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission’s information packets, written communications should be filed on or before Tuesday, February 5, 2013. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor’s office annually, in preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Michael Fossati Planner (408) 868-1212 62 Parcel Number Owner Name Owner Address Owner City, State Zip #5068 OWNERSHIP LISTING Prepared for: 14639 Big Basin Way 503-25-007 BIG BASIN LLC 14573 BIG BASIN WAY SARATOGA CA 95070 503-25-008 PAUL L & FRANCES E FLANAGAN 14658 NELSON WAY SAN JOSE CA 95124 503-25-012 DAVIES C H PO BOX 2039 SARATOGA CA 95070 503-25-013 EUGENE L & THI TRAN ZAMBETTI P O BOX 34 SARATOGA CA 95071 503-25-015 JONGHOON & SUE RYUNG KANG 14651 BIG BASIN WAY SARATOGA CA 95070 503-25-016 JOSEPH J FITZSIMMONS 14611 BIG BASIN WAY #E SARATOGA CA 95070 503-25-021 S C V W D 5750 ALMADEN EXPY SAN JOSE CA 95118 503-25-022 THOMAS E PARKER 559 SHEFFIELD AVE CARDIFF CA 92007 503-25-025 MARK J & CATHLEEN M PETERSEN 45 MONTGOMERY ST LOS GATOS CA 95030 503-25-026 NERN PROPERTIES LLC 676 CAMELLIA WAY LOS ALTOS CA 94024 503-25-028 PAUL L & FRANCES E FLANAGAN 14658 NELSON WAY SAN JOSE CA 95124 503-25-029 JOSEPH J FITZSIMMONS 14611 BIG BASIN WAY #E SARATOGA CA 95070 503-25-031 SARATOGA CITY OF 13777 FRUITVALE AVENUE SARATOGA CA 95070 503-25-032 PLUMED HORSE PROP LLC 14555 BIG BASIN WAY SARATOGA CA 95070 503-25-036 JULIA & ROGET UYS 20650 4TH ST 3 SARATOGA CA 95070 503-25-037 KLAUS W & YVONNE C PACHE 20650 FOURTH ST #4 SARATOGA CA 95070 503-25-038 ALLEN W & SAUNDRA L HILL 20650 4TH ST #5 SARATOGA CA 95070 503-25-039 ANKUSH K BAHL 14645 BIG BASIN WAY SARATOGA CA 95070 503-25-040 KENNETH S & SWARAN B BAHL 14645 BIG BASIN WAY SARATOGA CA 95070 503-25-041 KENNETH S & SWARAN B BAHL 14645 BIG BASIN WAY SARATOGA CA 95070 503-26-018 S C V W D 5750 ALMADEN EXPY SAN JOSE CA 95118 503-59-001 SARATOGA OAKS HOMEOWNERS ASSOCIATION 1935 DRY CREEK RD #203 CAMPBELL CA 95008 503-59-002 S C V W D 5750 ALMADEN EXPY SAN JOSE CA 95118 503-59-003 SARATOGA OAKS HOMEOWNERS ASSOCIATION 1935 DRY CREEK RD #203 CAMPBELL CA 95008 503-61-001 FELIX & ISABELLA MARKHOVSKY 14630 SPRINGER CT SARATOGA CA 95070 503-61-002 ELKE S DOYLE 14632 SPRINGER CT SARATOGA CA 95070 503-61-003 QUINLAN SHEILA E TR/TR 14634 SPRINGER CT SARATOGA CA 95070 503-61-004 HANNAH S COMISKY 19324 MONTE VISTA DR SARATOGA CA 95070 503-61-005 ANDREW M DEVINE 14638 SPRINGER CT SARATOGA CA 95070 503-61-006 ENID O SHOOR 14640 SPRINGER CT SARATOGA CA 95070 503-61-007 ELIZABETH J NICKERSON 14642 SPRINGER CT SARATOGA CA 95070 503-61-008 ADRIENNE R IWANAGA 14644 SPRINGER CT SARATOGA CA 95070 503-61-009 DOUGLAS F & CECILIA A DESMOND 14646 SPRINGER CT SARATOGA CA 95070 503-61-010 PATRICIA L BAGNATO 1610 CABERNET LN SAINT HELENA CA 94574 503-61-011 JOYCE A HLAVA 14662 SPRINGER AVE SARATOGA CA 95070 503-61-012 RUBY COAKLEY 14664 SPRINGER AVE SARATOGA CA 95070 503-61-013 SYVERTSON TRUST/FAM TR 14666 SPRINGER AVE SARATOGA CA 95070 503-61-014 LEE S GREY 14668 SPRINGER AVE SARATOGA CA 95070 503-61-015 METE KARAKUCUK 14670 SPRINGER AVE SARATOGA CA 95070 503-61-016 ROSEMARIE WOODRUFF 14656 SPRINGER AVE SARATOGA CA 95070 503-61-017 VADIM & TANYA ZALIVA 14654 SPRINGER AVE SARATOGA CA 95070 503-61-018 ROY E COMBS PO BOX 308 SARATOGA CA 95071 503-61-019 SHU-HUNG & YEN SHU-FEN KUNG 14650 SPRINGER AVE SARATOGA CA 95070 503-61-020 PHYLLIS & KLEINMAN KLEINMAN 14636 PLACIDA CT SARATOGA CA 95070 503-61-021 PETER R & TAMMY T VOIGTS 14638 PLACIDA CT SARATOGA CA 95070 503-61-022 PAMELA M & THEODORE W MAO 14640 PLACIDA CT SARATOGA CA 95070 503-61-023 SALVADORE FAMILY TR 14642 PLACIDA CT SARATOGA CA 95070 503-61-024 HELEN G FBO FRANCIS BYPASS FRANCIS 14644 PLACIDA CT SARATOGA CA 95070 503-61-025 ERNEST T & ROSEMARY P HARPER 14646 PLACIDA CT SARATOGA CA 95070 503-61-026 KLEINMAN PROPERTIES LP 14648 PLACIDA CT SARATOGA CA 95070 503-61-027 MICHAEL & KELLIE BALLARD 11100 CRIPPLEGATE RD POTOMAC MD 20854 503-61-028 SANDER TRUST 14652 PLACIDA CT SARATOGA CA 95070 503-61-029 ANUPAMA C & HIMANSHU POKHARNA 14654 PLACIDA CT SARATOGA CA 95070 503-61-030 DEUTSCHE BANK NATIONAL TRUST COMPANY TT 3476 STATEVIEW BLVD FORT MILL SC 29715 503-61-031 GALEN L & PHYLLIS A GUNDERSON 14658 PLACIDA CT SARATOGA CA 95070 503-61-032 AYAN & AMITA MUKERJI 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ACAMPO CA 95220 503-63-011 CHI LAN & WAI MAN WONG 20812 4TH ST 7 SARATOGA CA 95070 503-63-012 BRIAN R & ANITALYNN M TIGHE 6374 CANDLEWOOD CT CUPERTINO CA 95014 503-63-013 ROBERT M JAKOB 640275 P O BOX SAN FRANCISCO CA 94164 503-63-014 BRIAN R & ANITALYNN M TIGHE 6374 CANDLEWOOD CT CUPERTINO CA 95014 503-63-015 EDWARD FLIPPER JENG 20812 4TH ST 11 SARATOGA CA 95070 503-63-016 TIGHE BRIAN RODERICK TR/TR 20812 4TH ST 12 SARATOGA CA 95070 503-63-017 MEHRDAD AGHAEBRAHIM 20812 4TH ST #15 SARATOGA CA 95070 503-63-018 OLGA N LVOV 200 E DANA ST #E110 MOUNTAIN VIEW CA 94041 503-63-019 COURTNEY CRASE 20061 CHATEAU DR SARATOGA CA 95070 503-63-020 TUNG-SHENG & YU LI-MEI LI 20812 4TH ST #16 SARATOGA CA 95070 503-63-021 GARY L & DIANE ZARECKY 20812 4TH ST #19 SARATOGA CA 95070 503-63-022 GUANGHUI & ZENG XINYANG QIAN 20812 4TH ST #18 SARATOGA CA 95070 503-63-023 KOICHI & LINDA YAMAGUCHI 13761 HOWEN DR SARATOGA CA 95070 503-63-024 LORRAINE A WHEELER 20812 4TH ST #20 SARATOGA CA 95070 503-63-025 THOMAS M & PAULA A BRENNOCK 20812 4TH ST #23 SARATOGA CA 95070 503-63-026 PAUL C TONG 20812 4TH ST #22 SARATOGA CA 95070 503-63-027 PATRICK & HYUN KUGLER 18481 MONTPERE WAY SARATOGA CA 95070 503-63-028 CHRISTOPHER G & XU LIN BOSSOLINA 20812 4TH ST #24 SARATOGA CA 95070 503-63-029 THOMAS E & SASCHA M LALE 20760 4TH ST #11 SARATOGA CA 95070 503-63-030 JUNE YOUN JIN & SOO YEON KWON 20760 4TH ST #12 SARATOGA CA 95070 503-63-031 LAURA E BRASH 20760 4TH ST #9 SARATOGA CA 95070 503-63-032 VINCENT & SU LI-WEN SY 20760 4TH ST #10 SARATOGA CA 95070 503-63-033 VIKTOR SCHRANZ 20760 4TH ST #7 SARATOGA CA 95070 503-63-034 RONALD A ANDERSON 20760 4TH ST #8 SARATOGA CA 95070 503-63-035 SIU MEI SILCOX 20760 4TH ST #5 SARATOGA CA 95070 503-63-036 JANARDHANAN S & RAMESH SUNITHA AJIT 13 WILLIAMS WAY DURHAM NH 3824 503-63-037 YOSHIHISA & TOKIKO OGINO 20760 4TH ST #3 SARATOGA CA 95070 503-63-038 KENNETH J CZWORNIAK 20760 4TH ST #4 SARATOGA CA 95070 503-63-039 CYNTHIA L BAUER 20760 4TH ST #1 SARATOGA CA 95070 503-63-040 HOSSEIN & AZITA SOBHANI 20760 4TH ST #2 SARATOGA CA 95070 503-63-041 TOM T CHEN 20740 4TH ST #11 SARATOGA CA 95070 503-63-042 STEPHEN & ANNE BOBORICKEN 11870 FRANCEMONT DR LOS ALTOS HILLS CA 94022 503-63-043 ALAIN J DEFRENNE 16265 GREENWOOD LN MONTE SERENO CA 95030 503-63-044 ANDREA LEE 20740 4TH ST #10 SARATOGA CA 95070 503-63-045 ANDREY A KHARISOV 20740 4TH ST #7 SARATOGA CA 95070 503-63-046 DAVID M FRADIN 20740 4TH ST #8 SARATOGA CA 95070 503-63-047 JAY M STEARNS 14686 FIELDSTONE DR SARATOGA CA 95070 503-63-048 ROSE S KOOT 220 WEDGEWOOD AVE LOS GATOS CA 95032 503-63-049 ALBERT & LANCY WONG 20740 4TH ST #3 SARATOGA CA 95070 503-63-050 VICTOR & REGINA VELTON 4662 BLUERIDGE DR SAN JOSE CA 95129 503-63-051 JULIA & ROGET UYS 20740 4TH ST 1 SARATOGA CA 95070 503-63-052 AREVIG ANTABLIAN 20740 4TH ST #2 SARATOGA CA 95070 503-63-053 HIROSHI & TAKAKO FUJIGAMI 20720 4TH ST #17 SARATOGA CA 95070 503-63-054 JOHN P & CHRISTINA D BLACK 20720 4TH ST #16 SARATOGA CA 95070 503-63-055 BAKTYGUL ZHUMABAYEVA 20720 4TH ST #15 SARATOGA CA 95070 503-63-056 KATHLEEN C SODERSTROM 12896 PIERCE RD SARATOGA CA 95070 503-63-057 JIN W & MIN K PARK 20720 4TH ST #11 SARATOGA CA 95070 503-63-058 SALVADOR BORJA 230 LILLE LN #214 NEWPORT BEACH CA 92663 503-63-059 JANICE R GAUTHIER 20720 4TH ST #9 SARATOGA CA 95070 503-63-060 HSUEH H & HUNG WEI TAI 21315 LUMBERTOWN LN SARATOGA CA 95070 503-63-061 SHELLIE S WILLIAMS 20720 4TH ST #7 SARATOGA CA 95070 503-63-062 GEORGE E & NANCY G KIRK 20270 LA PALOMA AVE SARATOGA CA 95070 503-63-069 LINDA A BARCOMB 20700 4TH ST #11 SARATOGA CA 95070 503-63-070 LESLIE DAVIS 20700 4TH ST #12 SARATOGA CA 95070 503-63-071 NOVELLE V KELLY 20700 4TH ST #9 SARATOGA CA 95070 64 503-63-072 NATALIE J WEISKAL 20700 4TH ST #10 SARATOGA CA 95070 503-63-073 WAYNE C & SU TI CHANG P O BOX 3791 LOS ALTOS CA 94024 503-63-074 MICHAEL E & GAYLE L ARCHER 956 FAIRWAY PARK DR INCLINE VILLAGE NV 89451 503-63-075 DENNIS C & GRACE LEUNG 4685 TORREY PINES CIR SAN JOSE CA 95124 503-63-076 MARK C LIANIDES 220 WEDGEWOOD AVE LOS GATOS CA 95032 503-63-077 SYLVAN E LEPIANE 15890 SHANNON RD LOS GATOS CA 95032 503-63-078 JOAN C GOLDMAN 1624 LYLE DR SAN JOSE CA 95129 503-63-079 NILESH V & DESHMUKH MADHAVI KULKARNI 20700 4TH ST #1 SARATOGA CA 95070 503-63-080 ROBERT FU LEE CHENG 20700 4TH ST #2 SARATOGA CA 95070 503-63-081 JOHN K & SUE KANG TANAKA 20800 4TH ST #11 SARATOGA CA 95070 503-63-082 MABEL KAO 20800 4TH ST #12 SARATOGA CA 95070 503-63-083 CFS INVESTMENTS 105 CRIDER CT LOS GATOS CA 95032 503-63-084 KIT CHU LAM 20800 4TH ST 10 SARATOGA CA 95070 503-63-085 SATORU & KIMIKO MIYOSHI 20800 4TH ST #7 SARATOGA CA 95070 503-63-086 ROBERT A & YVONNE L DUNCANSON 20800 4TH ST #8 SARATOGA CA 95070 503-63-087 YASHIKA P DEVA 20800 4TH ST 5 SARATOGA CA 95070 503-63-088 JOSEPH A & MILDRED I PLICKA 9267 DOVE CT GILROY CA 95020 503-63-089 JOSEPH P & SUSAN D LONG 14215 DOUGLASS LN SARATOGA CA 95070 503-63-090 MIN HUEI HU 20800 4TH ST #4 SARATOGA CA 95070 503-63-091 FRED L & DORINE ALVORD 13782 CALLE TACUBA SARATOGA CA 95070 503-63-092 CHIH-PING A & CINDY L FAN 20800 4TH ST #2 SARATOGA CA 95070 503-63-093 SCIOLTO NICKY V TR/TR 20790 4TH ST 7 SARATOGA CA 95070 503-63-094 MICHAEL E & GAYLE L ARCHER 956 FAIRWAY PARK DR INCLINE VILLAGE NV 89451 503-63-095 STEVEN AH-FUNG SIT 6321 WISTERIA WAY SAN JOSE CA 95129 503-63-096 MICHAEL E & GAYLE L ARCHER 956 FAIRWAY PARK DR INCLINE VILLAGE NV 89451 503-63-097 JENNIFER L PAOLI 16280 LOS SERENOS ROBLES MONTE SERENO CA 95030 503-63-098 MEHRAN & AVIDEH Y SAMARDAR 6555 LITTLE FALLS DR SAN JOSE CA 95120 503-63-099 SHAO YING YE 20790 4TH ST #1 SARATOGA CA 95070 503-63-100 DONALD S & KATHLEEN M MANZAGOL 12078 SADDLE RD MONTEREY CA 93940 503-63-101 ELIE G & CRISPINA J YOUNES 1582 CALCO CREEK DR SAN JOSE CA 95127 503-63-102 MICHELE S CASTILLO 1636 VILLARITA DR CAMPBELL CA 95008 503-63-103 KELLY & ANN ALBERTS 2252 CORTE CICUTA CARLSBAD CA 92009 503-63-104 ALAN KORGAV 20780 4TH ST #10 SARATOGA CA 95070 503-63-105 CHRISTINE M ZAK 20780 4TH ST #7 SARATOGA CA 95070 503-63-106 STANTON JULIET A TR/TR 20780 4TH ST 8 SARATOGA CA 95070 503-63-107 ERIKA R JOHNSON 20780 4TH ST #5 SARATOGA CA 95070 503-63-108 WILLIAM T & DORENE G MALANCZUK 20780 4TH ST #6 SARATOGA CA 95070 503-63-109 RICHARD F & PATRICIA J BADER 21120 MICHAELS DR SARATOGA CA 95070 503-63-110 NATALIA JIMENEZ 20780 4TH ST #4 SARATOGA CA 95070 503-63-111 STEPHEN H BURGER 20780 4TH ST #1 SARATOGA CA 95070 503-63-112 KATHRYN B WARREN 501 CLIFFSIDE CT PT RICHMOND CA 94801 503-67-001 KATHLEEN FITZSIMMONS 14605 BIG BASIN WAY SARATOGA CA 95070 503-67-002 KATHLEEN FITZSIMMONS 14605 BIG BASIN WAY SARATOGA CA 95070 503-67-003 MICHAEL D & JANICE E FITZSIMMONS 165 SUMMERFIELD ST DANVILLE CA 94506 503-67-004 KATHLEEN FITZSIMMONS 14605 BIG BASIN WAY SARATOGA CA 95070 503-67-005 MARY B BOSCOE PO BOX 2423 SARATOGA CA 95070 503-67-006 KATHLEEN FITZSIMMONS 14605 BIG BASIN WAY SARATOGA CA 95070 503-76-001 FENG-YING CHEN LIN 603 FOREST AVE PALO ALTO CA 94301 503-76-002 JOSEPHINE E CHOW 14587 BIG BASIN WAY SARATOGA CA 94005 503-76-003 TAI & ESTHER CHI P O BOX 536 BRISBANE CA 94005 503-76-004 BRIAN J & HEEKYUNG CHO UYENO 14591 BIG BASIN WAY SARATOGA CA 95070 503-76-005 MICHAEL J RUBENSTEIN 14593 BIG BASIN WAY SARATOGA CA 95070 503-76-006 OVIDIO R & WENDY A CALVO 14595 BIG BASIN WAY SARATOGA CA 95070 503-76-007 HIRTH MARK W TR/TR 14597 BIG BASIN WAY SARATOGA CA 95070 503-76-008 VADIM D STEPANCHENKO 14599 BIG BASIN WAY #H SARATOGA CA 95070 503-76-009 JUNE F CHEN PO BOX 2963 SARATOGA CA 95070 517-07-010 DEAN HICKMAN-SMITH 20761 PAMELA WAY SARATOGA CA 95070 517-07-011 ROBERT T & KATHLYNN K UENAKA 20777 PAMELA WAY SARATOGA CA 95070 517-07-012 BREWER MURRAY LYNN TR/TR 20793 PAMELA WAY SARATOGA CA 95070 517-07-013 DON W & TRACY G NOBLES 20801 PAMELA WAY SARATOGA CA 95070 517-07-014 MARY L DUTRO 20820 BIG BASIN WAY SARATOGA CA 95070 517-08-001 WALTER S & MARILYN R MARCHETTI 20701 ST CHARLES ST SARATOGA CA 95070 517-08-002 DEL POZO BETSY ADMINISTRATOR 2658 DELMAR HEIGHTS RD #26DELMAR CA 92014 517-08-003 DEL POZO BETSY ADMINISTRATOR 2658 DELMAR HEIGHTS RD #26DELMAR CA 92014 65 517-08-004 MICHAEL & CAROL MAULDIN 21766 GRANADA AVE CUPERTINO CA 95014 517-08-005 JOSEPH P LONG 14630 BIG BASIN WAY SARATOGA CA 95070 517-08-010 FRANK BEHNKE 14510 BIG BASIN WAY #161 SARATOGA CA 95070 517-08-011 CHARLES J & ELSBETH R STAUSS P.O. BOX 2265 SARATOGA CA 95070 517-08-012 BEHNKE TRUST 20656 5TH ST SARATOGA CA 95070 517-08-017 CRAIG & HARRISON SARI AMBROSE 14683 OAK ST SARATOGA CA 95070 517-08-018 JEANNE ALEXANDER 14701 OAK ST SARATOGA CA 95070 517-08-022 COVELL G & ANN M D PO BOX 1202 CARMEL CA 93921 517-08-023 RONALD A & LINDA S RINGSRUD 14706 6TH ST SARATOGA CA 95070 517-08-024 GWEN E FRANCIS 14700 ST CHARLES ST SARATOGA CA 95070 517-08-025 BALAKRISHNAN BALU TR/FAM TR 20731 ST CHARLES ST SARATOGA CA 95070 517-08-048 GLADYS P HERNANDEZ 19641 CHARTERS AVE SARATOGA CA 95070 517-08-053 GEORGE L & MARY G BURNE 20713 ST CHARLES ST SARATOGA CA 95070 517-08-054 MARC HOFFMAN 20723 ST CHARLES ST SARATOGA CA 95070 517-08-055 SHASHI KUMAR 20729 ST CHARLES ST SARATOGA CA 95070 517-08-056 DONG TRACY CHEN 20719 ST CHARLES ST SARATOGA CA 95070 517-08-058 BEHNKE TRUST 13691 BEAUMONT AVE SARATOGA CA 95070 517-08-060 BEHNKE TRUST 14655 OAK ST #1 SARATOGA CA 95070 517-08-061 JOHN W HOLLINGSWORTH 14739 OAK ST SARATOGA CA 95070 517-08-065 DELOS L KNIGHT 14602 BIG BASIN WAY SARATOGA CA 95070 517-08-066 DAY PEGGY L TR 14608 BIG BASIN WAY SARATOGA CA 95070 517-08-067 SANGEETA T JOSHI 14610 BIG BASIN WAY SARATOGA CA 95070 517-08-068 CC CALHOUN ENTS INC 14598 BIG BASIN WAY A SARATOGA CA 95070 517-08-069 JEFFREY L & GAYLENE WYATT 14598 BIG BASIN WAY #C SARATOGA CA 95070 517-08-070 JEFF & GAYLENE WYATT 14577 BIG BASIN #2A SARATOGA CA 95070 517-08-077 JOSEPH P & LISA M MORIARTY 20711 SAINT CHARLES ST #5 SARATOGA CA 95070 517-08-078 BRIAN M & LYNDELL S KING 20705 ST CHARLES ST SARATOGA CA 95070 517-08-079 TJA INVESTMENTS LLC 215 WILDER AVE LOS GATOS CA 95030 517-08-080 CHOON HEE KIM 14618 BIG BASIN WAY SARATOGA CA 95070 517-08-081 RUCHI AGARWAL 14620 BIG BASIN WAY #4001 SARATOGA CA 80129 517-09-058 MISCHEL K POSTAS 438 W CAMPBELL AVE CAMPBELL CA 95008 517-09-083 SARATOGA CITY OF 13777 FRUITVALE AVENUE SARATOGA CA 95070 517-29-001 DOUGLAS M & PROSEK VALERIE CATES 14662 BIG BASIN WAY #A SARATOGA CA 95070 517-29-002 LARRY W GRACE 14662 B BIG BASIN WAY SARATOGA CA 95070 517-29-003 FIROUZEH HOVEIDARAD 683 LOS OLIVOS DR SANTA CLARA CA 95050 517-29-004 FRANK J & JUDITH M MARSHALL 14510 BIG BASIN WAY #265 SARATOGA CA 95070 517-29-005 HARISH BELUR 14664 BIG BASIN WAY #C SARATOGA CA 95070 517-29-006 WING-HONG PATRICK LIN 1141 FAIRVIEW AVE #M ARCADIA CA 91007 517-29-007 HENSLIN FAMILY TR 14666 A3 BIG BASIN WAY 3 SARATOGA CA 95070 517-29-008 JENNIFER BOLDRINI 14666 B BIG BASIN WAY SARATOGA CA 95030 517-29-009 MI SOOK & YONGTAE KIM 14666 C BIG BASIN WAY #C SARATOGA CA 95070 517-29-010 FRANK J & JUDITH M MARSHALL 14510 BIG BASIN WAY #265 SARATOGA CA 95070 517-29-011 KAREN A GENOVESE 14650 BIG BASIN WAY #C SARATOGA CA 95070 517-29-012 GAYLEN W & ELIZABETH LEISHMAN 14510 BIG BASIN WAY SARATOGA CA 95070 517-29-013 WON KOO & JEONG OK LEE 14652 B BIG BASIN WAY SARATOGA CA 95070 517-29-014 LIFEN & CAI LIHONG FANG 14652 BIG BASIN WAY #A SARATOGA CA 95070 517-29-015 MARILYN H BOWERS 675 SHARON PARK DR #217 MENLO PARK CA 94025 517-29-016 SUSAN NAZHAND 14652 BIG BASIN WAY #C SARATOGA CA 95070 517-29-017 CELLAR BARBARA C TR 14654 BIG BASIN WAY #A SARATOGA CA 95070 517-29-018 EUGENE & JULIA SATSUTA 14654 BIG BASIN WAY SARATOGA CA 95070 517-29-019 JHEE CHULL M MUN 14654 BIG BASIN WAY #23 SARATOGA CA 95070 517-29-020 SANDRA L HAYDON 135 ALTURA VISTA LOS GATOS CA 95032 517-29-021 MICHELLE LIN 14656 C BIG BASIN WAY #C SARATOGA CA 95070 517-29-022 HAU CHING LIAO 13937 LYNDE AVE SARATOGA CA 95070 517-29-023 MARGARET C BURRELL 14658 A BIG BASIN WAY #9 SARATOGA CA 95070 517-29-024 CHI WEI FAN 14658 C25 BIG BASIN WAY 26 SARATOGA CA 95070 517-29-025 ROBERT N BLANCHARD 14658 B BIG BASIN WAY SARATOGA CA 95070 517-29-026 GEORGE E & COSENTINO PAUL COSENTINO-ROU 6585 LITTLE FALLS DR SAN JOSE CA 95120 517-29-027 DOUGLAS A LOVIN 14660 A BIG BASIN WAY SARATOGA CA 95070 517-29-028 STANLEY CHANG 14660 BIG BASIN WAY #C SARATOGA CA 95070 517-29-029 SHANTI DEV 14660 BIG BASIN WAY #D SARATOGA CA 95070 Number Noticed 250 66 Advanced Listing Services Ownership Listings & Radius Maps P.O. Box 2593 •Dana Point, CA •92624 Office: (949) 361-3921 •Fax: (949) 361-3923 www.Advancedlisting.com Subject APN: 503-25-013 Address: 14639 BIG BASIN WAY 500’ Radius SARATOGA CA 95070 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 REPORT TO THE PLANNING COMMISSION Application No./Location: PDR12-0023 - 20013 Cox Avenue Type of Application: Design Review to Replace Existing Cellular Antennas Applicant/Owner: Sprint Staff Planner: Christopher Riordan, AICP, Senior Planner Meeting Date: February 13, 2013 APN: 386-44-040 SITE 20013 Cox Avenue Page 1 of 5 83 SUMMARY Zoning: R-1-12,500 General Plan Designation: M-12.5 (Medium Density Residential) PROJECT DESCRIPTION: The applicant is requesting Design Review approval to install three new panel antennas and six Remote Radio Units (RRU) 77’ above grade on an approximately 144’ tall existing Pacific Gas & Electric lattice tower. Two new equipment cabinets would be installed within an existing 493 square foot fenced enclosure located to the northwest of the lattice tower. The project is upgrading the site from the current 3G technology to 4G so as to provide increased capacity and data speeds. The three existing panel antennas and the two existing equipment cabinets would be removed. There is no proposed increase in height to the existing tower or increase in size of the fenced enclosure to accommodate this project. STAFF RECOMMENDATION: Adopt Resolution No. 13-0023 approving Design Review PDR12- 0023 subject to conditions of approval. Application No. PDR12-0023 Page 2 of 5 84 PROJECT DESCRIPTION Design Review approval is required pursuant to City Code Article 15-44. Site Characteristics: The applicant is requesting Design Review approval for the installation of three cellular communication antennas and associated equipment to an existing Pacific Gas and Electric lattice tower. The utility tower is located adjacent to Cox Avenue, Joe’s Trail, and a railroad right-of-way. Single-family homes surround the site. The tower also carries antennas from other wireless companies and these antennas are located both above and below the proposed Sprint antennas. Project Description: During construction the three existing Sprint antennas would be relocated to one end of an H-Frame. This H-Frame would be attached to the tower in approximately the same location as the existing antennas. Located on the opposite end of the frame would be the new Sprint antennas and two RRU’s. The dimensions of the new antennas would be 72.0” x 12” x 5.9” and the dimensions of the RRU’s would be 18.5” x 19.2”. The applicant could not provide the exact dimensions of the existing antennas but did state that the new antennas are approximately 24” longer. The relocated existing antennas would be removed once the new antennas are installed and operational. The new antennas and support equipment would be painted to match the color of the tower. Photo-simulations have been included as Attachment #6 to illustrate the appearance of the new antennas. Located near the base of the tower is an existing approximately 493 square foot area that is enclosed by a seven feet tall concrete wall. The two existing equipment cabinets located within the enclosure will be removed and replaced with two new equipment cabinets. The Sprint TELCO cabinet and electric meters will remain. No other modifications are proposed. The applicant is proposing to replace the antennas so as to upgrade the existing 3G technology to 4G. A wireless coverage exhibit demonstrating the range of the new antennas is included as Attachment #5. The applicant has stated that the coverage area does not change with the new 4G technology but the capacity and data speeds would increase significantly. The applicant has submitted a map and an address list (Attachment #4) which indicates the location of the 12 existing Sprint sites within the City of Saratoga. Radio Frequency (RF) Analysis: The applicant has provided a Radio Frequency (RF) Analysis (Attachment #7) which concludes that the proposed telecommunications facility will comply with the FCC’s current prevailing standard for limiting human exposure to RF energy, and no significant impact on the general public is expected. Correspondence and Neighbor Review: The applicant sent out project description letters directly to property owners nearby the proposed site. A copy of the letter is included as Attachment #3. The applicant did not receive any neighbor comments. Application No. PDR12-0023 Page 3 of 5 85 The “Notice of Public Hearing” was mailed to property owners within 500 feet of the subject property (Attachment #2). The public hearing notice and description of the project was also published in the Saratoga News. No comments have been received. FINDINGS Design Review Findings: The findings required for issuance of a Design Review approval pursuant to City Code Article 15-44.025 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (a) That the wireless telecommunications facility is or can be co-located with another wireless telecommunications facility located on a structure or an existing utility pole/tower in the public right of way unless the applicant has demonstrated that such location is not technically or operationally feasible. This finding can be made in the affirmative in that the wireless telecommunication facility will be co-located with other service providers on an existing Pacific Gas & Electric lattice tower. (b) That the wireless telecommunication facility and related structures incorporate architectural treatments and screening to substantially include (1) appropriate and innovative stealth design solutions; (2) techniques to blend with the surrounding environment and predominant background; (3) colors and materials that are non-reflective; (4) exterior textures to match the existing support structure or building; and (5) reasonably compatible height with the existing surrounding environment. This finding can be made in the affirmative in that the wireless telecommunication facility will be co-located with other service providers, thus eliminating the need for a new separate facility and reducing the visual impact on surrounding properties. The existing lattice tower will not increase in height. The proposed antennas are similar in design to existing antennas. The colors and materials of the proposed communication facility would have a non-reflective finish to match the existing tower. The proposed equipment will be placed in a ground mounted cabinet in an existing fenced area screened by landscaping. (c) That landscaping and fencing provide visual screening of the wireless communication facility’s ground mounted equipment, related structures, and that fencing material is compatible with the image and aesthetics of the surrounding area. This finding can be made in the affirmative in that proposed equipment will be located in a ground mounted cabinet in an existing fenced area screened by existing landscaping. ENVIRONMENTAL DETERMINATION: The proposed project, which includes installation of new cellular equipment to an existing utility tower, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the Guidelines for Implementation of CEQA. This Class 3 exemption applies to new construction and installation of small, new equipment and facilities in small structures. STAFF RECOMMENDATION: Adopt Resolution No. 13-003 approving the project, subject to conditions of approval. Application No. PDR12-0023 Page 4 of 5 86 Application No. PDR12-0023 Page 5 of 5 ATTACHMENTS: 1. Resolution of Approval for Design Review 2. Public Hearing Notice and Address List 3. Applicants Neighbor Notice 4. Map and List of other Sprint Sites in the City of Saratoga 5. Coverage Maps 6. Photo Simulations 7. Radio-Frequency Report 8. Development Plans (Exhibit "A") 87 RESOLUTION NO: 13-003 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING DESIGN REVIEW PDR12-0023 LOCATED AT 20013 COX AVENUE WHEREAS, on November 28, 2012, an application was submitted by Sprint requesting Design Review approval to remove three existing 3G cellular panel antennas and install three new 4G panel antennas, six Remote Radio Units, and associated equipment on an existing Pacific Gas & Electric lattice tower located at 20013 Cox Avenue. The site is located within the R-1-12,500 Zoning District (APN 386-44-040). 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 February 13. 2013, 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 applies to new construction and installation of small, new equipment and facilities in small structures. 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 new construction and major additions thereto are compatible with the site and the adjacent surroundings; Land Use Element Policy 5.2 which states that Development proposals shall be evaluated against City standards and guidelines to assure that the related traffic, noise, light, appearance, and intensity of the proposed use have limited adverse impact on the area and can be fully mitigated; 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 Section 15-44.025 of the Saratoga City Code in that the Wireless Telecommunications Facility is located on an existing utility tower, the Wireless Telecommunications Facility and related structures incorporates architectural treatments and screening, existing fencing and landscaping provides visual screening of the Wireless Telecommunications Facility’s ground-mounted equipment, and the fencing is compatible with the image and aesthetics of the surrounding area. 88 Resolution No. 13-003 Section 5: The City of Saratoga Planning Commission hereby approves PDR12-0023 located at 20013 Cox Avenue, subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 13th day of February 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Tina K. Walia Chair, Planning Commission 89 Resolution No. 13-003 Exhibit 1 CONDITIONS OF APPROVAL PDR12-0023 20013 Cox Avenue (APN 386-44-040) A. 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. 2. 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. 3. Conditions may be modified only by the Planning Commission unless modification is expressly otherwise allowed by the City Code including but not limited to Sections 15-80.120 and/or 16- 05.035, as applicable. 4. The City shall mail to the Owner and Applicant a notice in writing, on or 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 Community Development Director certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 5. A Building Permit must be issued and construction commenced within 24 months from the date of adoption of this Resolution or the Design Review Approval will expire unless extended in accordance with the City Code. 6. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. 7. Prior to issuance of any Demolition, Grading, or Building Permit to implement this Design Review Approval the Owner or 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. 90 Resolution No. 13-003 8. 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 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 City Attorney. B. COMMUNITY DEVELOPMENT 9. Compliance with Plans and Description of Use. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans and Description of Use dated November 16, 2012 denominated Exhibit "A" and the Photo Simulations received November 28, 2012, denominated Exhibit “B. 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 approval in accordance with Condition A.3, above. 10. Harmonizing with Existing Structures. Prior to the installation of the proposed panel antennas and accessory equipment, the antennas and equipment shall be painted a color similar to the utility tower. 11. 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 Community Development Department Director or designee prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department and referenced in Condition No. B.1 above; b. This signed and dated Resolution printed onto separate construction plan pages; c. All additional drawings, plans, maps, reports, and/or materials required by the Building Division C. REQUIREMENTS OF OTHER AGENCIES OR UTILITIES 12. Federal Communications Commission (FCC) Verification. The owner and/or Applicant for this Project shall contact the FCC and verify whether there are any required permits from said 91 Resolution No. 13-003 Commission. If required by the FCC, prior to issuance of Zoning Clearance for any proposed equipment installations (or if none, prior to commencement of the approved use), the Owner and/or Applicant shall submit to the Community Development Department documentation from the FCC showing proof of compliance of the proposed use and/or development with the FCC's requirements. 13. Decommission. If the subject site is decommissioned in the future, all cellular antennas and related equipment shall be removed within 30 days of cessation of operation. 14. Governmental entities. All applicable requirements of the State, County, City and other Governmental entities, including the California Public Utilities Commission, must be met. 15. Emergency Access. The owner / applicant shall provide a 24-hour phone number to which interference problems may be reported, and will resolve all interference complaints within 24 hours from the time the interference was reported. 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 REPORT TO THE PLANNING COMMISSION Meeting Date: February 13, 2013 Subject: Changes to City Code Article 15-50, Tree Regulations Location: Citywide Staff: Kate Bear, City Arborist CITY OF SARATOGA SUMMARY At the direction of City Council, Staff presented information on January 16, 2013 about current requirements to remove a fallen tree or a dead tree. Council determined that the process to obtain a permit to remove a dead or fallen tree should be streamlined to facilitate the ability to obtain a permit in these situations. In addition, Council directed staff to look at 124 the cost of security deposits for residents, and to investigate requirements of neighboring cities with respect to tree protection security deposits during construction. They wanted to find out whether tree protection security deposits are required, and whether residential projects are treated differently than large commercial developments. RECOMMENDATION Adopt Resolution No. 13-004, thereby accepting the proposed changes to the Zoning Code, City Code Article 15-50, Tree Regulations. DISCUSSION The following four items in the Tree Regulations, City Code Article 15-50, were discussed at the January 16, 2013 City Council meeting: 1) Waiving the fee for a permit application for fallen trees; 2) Refunding the permit application fee for a dead tree; 3) Modifying the notification process so it notifies nearby residents of the decision and provides time to appeal before the trees are removed; and 4) Reviewing the costs associated with and alternatives to tree protection security deposits for development projects. Council directed Staff to facilitate and streamline the processes associated with the removal of dead or fallen trees, to look at the cost to residents of tree protection security deposits, and to investigate what other cities require for the protection of trees on development projects. To assist with streamlining the process for applicants to remove a dead or fallen tree, definitions for a dead and fallen tree will be added to the Tree Regulations. Changes to the Fee Schedule will also be necessary if the changes are adopted. Council determined that the application fee for a Tree Removal Permit be waived for a tree that has fallen, and refunded for a tree that is dead. The City Arborist will still do a site inspection in both situations. Neighbors will not be notified in the case of the fallen tree, but will be notified of the application to remove dead trees, and there would continue to be a 15 day appeal period. Changes needed in the City’s Fee Schedule can be made with adoption of the new Fee Schedule which will be effective July 1, 2013. Currently there is a requirement in the Tree Regulations to notify residents within 150 feet of the applicant’s address, at least 10 days before making a determination on each Tree Removal Permit application. Staff is recommending that the notification process include only the 15 day appeal period once a decision has been made on the permit. Both the applicant and neighbors will be notified once a determination has been made on a permit application. The requirements of nearby cities were researched and are detailed in two tables attached to this report. One table includes information on dead and fallen trees. The second table includes information from surrounding cities on tree protection security deposit requirements. Cities surveyed included Campbell, Los Gatos, Cupertino, Mt. View, Palo Alto and Los Altos. Neighboring cities that were surveyed essentially do not require a tree protection security deposit for residential projects. Rather, the effort to protect trees is incorporated into the 125 design process, and tree protection during construction. The cities of Mt. View, Palo Alto and Los Gatos have the option of requiring a tree protection security deposit, but do not typically use it on residential projects. In addition to a Tree Preservation Plan, the City of Saratoga requires a security deposit for the protection of trees on projects where the canopies of protected trees extend within five feet of proposed construction. The value of the tree protection security deposit is to be equal to 100% of the combined value of all protected trees potentially impacted by the work. The City believes that applicants are more likely to adhere to the Tree Preservation Plan for a project when they know that the City is holding funds and can retain them if trees are damaged during construction. The average cost of tree protection security deposits in 2012 was approximately $42,000. In the past seven years, tree protection security deposits have not been retained to repair damaged trees for projects. ATTACHMENTS 1. Resolution Adopting Changes to the Zoning Code, Article 15-50 2. Tree Regulations, Article 15-50, with proposed changes 3. Survey of neighboring cities – Dead and fallen trees 4. Survey of neighboring cities – Tree protection security deposit 126 RESOLUTION NO. 13-004 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION ACCEPTING CHANGES TO THE TREE REGULATIONS, CITY CODE ARTICLE 15-50 WHEREAS, on December 19, 2012 the City Council requested information on the current requirements for the removal of fallen trees; and WHEREAS, on January 16, 2013 the City Council directed Staff modify the Tree Regulations to facilitate the removal of fallen and dead trees, and to investigate the practices and requirements of neighboring cities with respect to tree protection and security deposit requirements during development; and WHEREAS, on February 13, 2013, the Planning Commission held a duly noticed public hearing on the subject, and considered evidence presented by City Staff, 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 Community Development Department presented the City Council recommendations and information on neighboring cities with respect to fallen trees, dead trees, and tree protection security deposit requirements during development and construction. All Interested Parties desiring to comment on the proposed changes to the Tree Regulations were given the opportunity to submit written and oral comments to the Planning Commission on February 13, 2013, up to the close of the Public Hearing before the Planning Commission. Section 3: The proposed changes to the City Code are marked on the attached copy of the Tree Regulations, Article 15-50 of the Zoning Code. Section 4: The City of Saratoga Planning Commission hereby adopts the proposed changes to the Tree Regulations, City Code Article 15-50. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 13th day of February 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: 127 Resolution No. 13-004 ____________________________ Tina K. Walia Chair, Planning Commission 128 Article 15-50 TREE REGULATIONS* Sections: 15-50.010 Findings; purposes of Article. 15-50.020 Definitions. 15-50.030 Application of Article. 15-50.040 Street trees. 15-50.050 Removal of certain trees without permit. 15-50.060 Exceptions. 15-50.070 Application for permit. 15-50.080 Determination on permit. 15-50.090 Development or improvement projects. 15-50.100 Appeals. 15-50.110 No liability upon City. 15-50.120 Setback of new construction from existing trees. 15-50.130 Arborist Report. 15-50.140 Tree Preservation Plan. 15-50.150 Tree fund. 15-50.160 Enforcement. 15-50.170 Violations, penalties and remedies. 15-50.180 Tree companies operating in the City. 15-50.190 Possession of an approved tree removal permit. * Prior Ordinance history: Ords. 71.86, 71-106 and 212. 15-50.010 Findings; purposes of Article. The City Council finds that the City is primarily a residential community; that the economics of property values is inseparably connected with the rural attractiveness of the area, much of which is attributable to the wooded hillsides and the native and ornamental trees located throughout the City; that the preservation of such trees is necessary for the health, safety and welfare of the residents of the City in order to preserve scenic beauty, prevent erosion of topsoil, protect against flood hazards and the risk of landslides, counteract pollutants in the air, maintain the climatic balance and decrease wind velocities. To complement and strengthen zoning, subdivision and other land use standards and regulations, while at the same time recognizing the privileges of private property ownership, the City Council adopts the ordinance codified in this Section to establish basic standards and measures for the maintenance, removal, and replacement of trees. Thus, the ordinance codified in this Section is designed to provide a stable and sustainable urban forest to preserve and protect significant historic heritage values, and to enhance the unique aesthetic character and environment of this City. (Amended by Ord. 226 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006) 15-50.020 Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: (a) Agricultural tree means a fruit or nut tree grown for the production of fruit or nuts. 129 (b) Approving body means the body having authority to approve or deny an application and includes the Planning Commission and the Community Development Director. (c) Arborist Report means a report prepared by a certified arborist and accepted by the Community Development Director containing specific information on the location, condition, structure, potential impacts of development, and recommended actions and mitigation measures regarding one or more trees on an individual lot or project site. (d) Bondor security deposit means a financial instrument which guarantees a future condition and may include an irrevocable letter of credit or cash. (e) Canopyor tree canopy means all portions of the tree with foliage. As context requires, the term also describes the area inside the drip line. (f) Crown means the portion of the tree above the trunk including the limbs and foliage. (g) DBH means diameter at breast height. It is the diameter of a single stem trunk tree measured at four and one-half feet above the ground while standing on the high side of the tree. The diameter may be calculated using the following formula: Diameter = Circumference / 3.142 To measure trees with multi-stem trunk, the tree diameter equals the full diameter of the largest trunk plus fifty percent of the diameter of all other trunks on the tree; each trunk is measured at four and one-half feet above the ground while standing on the high side of the tree. (h) Damage means any action undertaken which causes short-term or long-term injury, death, or disfigurement to a tree. This includes, but is not limited to: cutting of roots or limbs, poisoning, over-watering, relocation, or transplanting a tree, or trenching, grading, compaction, excavating, paving or installing impervious surface within the root zone of a protected tree. (i) Dead tree means a tree that cannot be restored to good health and has at least one of the following characteristics: (1) is completely devoid of life, (2) has no leaves at a time when it should, (3) exhibits no buds if dormant, and (4) is incapable of translocating food and water between leaves and roots. (j) Destroy means to cause the premature decline of tree health or life as evaluated and determined by the City Arborist. (jk) Dripline means the outermost edge of the tree's canopy. When depicted on a map or plan, the dripline is the irregular shaped circle that follows the contour of the tree's branches as seen from overhead. (kl) Encroachment means any intrusion or human activity occurring within the root zone of a tree, including, but not limited to structural pruning in excess of International Society of Arboriculture Commission (ISA) Pruning Standards (2001 Edition), grading, excavating, trenching, parking of vehicles, permanent or temporary storage of materials or equipment, or the construction of structures or other improvements within the root zone of a tree. (1m) Fallen tree means a tree that possesses both of the following characteristics: (1) it has, through natural causes, uprooted or broken at the trunk or one or more main scaffold limbs t to the extent that its structure has been destroyed as a consequence, and (2) the tree, or the remaining portion of the tree that has not fallen, cannot be adequately pruned to restore it to acceptable structure and good health. (n) Heritage tree means any tree of historic significance as a tree having historic value related to the heritage of the City and designated by action of the City Council upon recommendation of the Heritage Preservation Commission. 130 (mo) ISA Standards means the 2001 Edition of the Pruning Standards and the Tree Valuation Formula contained in the April 2000 Guide for Plant Appraisal published by the International Society of Arboriculture. (np) Native tree means Coast Live Oak (Quercus agrifolia), Valley Oak (Quercus lobata), Tan Oak (Lithocarpus densiflorus), Black Oak (Quercus kellogi), Blue Oak (Quercus douglasi), Scrub Oak (Quercus dumosa), Big Leaf Maple (Acer macrophylhum), California Buckeye (Aesculus californica), Douglas fir (Pseudotsuga menziesii) and Coast Redwood (Sequoia sempervirens). (oq) Oak means any native oak tree of the Genus Quercus, regardless of size. This definition shall not include oak trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. (pr) Project site means the site of the proposed tree removal, pruning, or encroachment affecting a protected tree. (qs) Protected tree has the meaning set forth in Section 15-50.050. (rt) Pruning means any and all work performed on or adversely affecting the roots, branches or limbs of a protected tree. (su) Removeand removal mean the physical removal or destruction of a tree or causing the death of a tree through damaging, pruning, encroaching or other direct or indirect action on the canopy or root zone. (tv) Root zone means a specifically defined area commencing at the trunk and moving outward to form an irregularly shaped circle that follows the contour of the tree canopy and extending beyond the dripline of the tree by five feet or such greater distance determined by the City Arborist. (uw) Routine maintenance means actions needed for the continued good health of a tree including, but not limited to, removal of deadwood, insect control spraying and watering. (vx) Street tree means any tree within the Public Street or right-of-way. (wy) Shrub means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen feet high at maturity. The Community Development Director, after consultation with the City Arborist may determine whether any specific woody plant shall be considered a tree or a shrub. (xz) Structural pruning means pruning to maintain the size of lateral branches to less than three- fourths the diameter of the parent branch or trunk. (yaa) Tree means a woody perennial plant characterized by having a main stem or trunk, or a multi-stemmed trunk system with a more or less definitely formed crown, and is usually over ten feet high at maturity. This definition shall not include trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business. (zbb) Tree fund means a City-held monetary account accounted for separately from other City funds. The express functions of the Tree fund are: (1) To receive and hold any fines, penalty assessments, civil penalties, bonds or other remedial funds or sources of funds for violations of Article 15-50 of this Code; (2) To receive and hold monetary valuations and payments for replacement trees pursuant to Section 15-50.170, as prescribed by the Community Development Director, or as a condition of development approval; and (3) To pay for new or replacement trees, their planting and maintenance, as determined by the Community Development Director, on public properties, streets, easements and dedicated open spaces. 131 (aacc) Tree Preservation Plan means a detailed plan containing all protective measures to be implemented before, during, and, after any encroachment or other activity affecting one or more protected trees including provision for future maintenance, to preserve and protect all trees to be retained on a project site. (Amended by Ord. 226 § 2 (part), 2003) 15-50.030 Application of Article. This Article shall apply to every owner of real property within the City, and to every person responsible for removing, damaging, pruning or encroaching upon a tree regardless of whether such person is engaged in a business for such purpose. (Amended by Ord. 226 § 2 (part), 2003) 15-50.040 Street trees. (a) Policies and standards. The Community Development Director shall implement policies and standards for street tree planting and maintenance as established from time to time by resolution of the Planning Commission or City Council. (b) Planting required condition of approval. The planting of street trees may be required as a condition of any approval granted under this Chapter. (c) Responsibility for maintenance. The City shall provide maintenance for street trees located within a commercial district and on arterial roads, unless such maintenance responsibility has been assumed by a property owner or other person under a landscape maintenance agreement with the City. In all other areas of the City, the City shall not conduct but shall control the planting, maintenance and removal of street trees and shrubs which might affect the public right- of-way; the owner or occupant of such property shall be responsible for the maintenance of street trees on the property and in the public right-of-way abutting the property. (Amended by Ord. 226 § 2 (part), 2003) 15-50.050 Removal of certain trees without permit. Except as otherwise provided in Section 15-50.060, it is unlawful for any person to remove, damage, prune, or encroach upon, or cause to be removed, damaged, pruned, or encroached upon any protected tree, located on any private or public property in the City without first having obtained a tree removal, pruning or encroachment permit issued pursuant to this Article and authorizing the proposed action. A protected tree shall consist of any of the following: (a) Any native tree having a DBH of six inches or greater (b) Any other tree having a DBH of ten inches or greater. (c) Any street tree, as defined in Section 15-50.020(v), regardless of size. (d) Any heritage tree, as defined in Subsection 15-50.020(1) regardless of size. (e) Any tree required to be planted or retained as a condition of any approval granted under this Chapter or Chapter 14 of this Code. (f) Any tree required to be planted as a replacement, as provided in Section 15-50.170 of this Article. (Amended by Ord. 226 § 2 (part), 2003) 15-50.060 Exceptions. The permit requirement set forth in Section 15-50.050 shall not apply to any of the following: 132 (a) Emergencies. If the condition of a tree presents an immediate hazard to life or property, it may be removed without a permit on order of the City Manager, the Public Works Director, the Community Development Director, their designated representatives, or a Peace Officer, or the fire department having jurisdiction. (b) Public utilities. Public utilities subject to the jurisdiction of the State Public Utilities Commission may without a permit take such action as may be necessary to comply with the safety regulations of the Commission and as may be necessary to maintain a safe operation of their facilities. (c) Project approval. Where removal of a protected tree or encroachment upon one or more protected trees has been specifically authorized as part of any project approval granted under this Chapter or Chapter 14 or 16 of this Code, no permit pursuant to this Article shall be required for such activity, provided the Community Development Director determines in writing that the criteria specified in sections 15-50.080 and 15-50.120 and 15-50.140 have been met. Any protected tree authorized for removal, pruning or encroachment pursuant to such project approval shall not be removed, pruned or encroached upon, until the issuance of a building or grading permit for the improvements, which are subject of the approval. (Amended by Ord. 226 § 2 (part), 2003) 15-50.070 Application for permit. (a) Application. Application for a tree removal pruning or encroachment permit shall be made to the Community Development Director on such form as he or she may prescribe. The application shall contain the number and location of each tree to be removed, pruned or encroached upon, the type and approximate size of the tree, the reason for removal, pruning or encroachment and such additional information as the Director may require. The application shall be signed by the owner of the property upon which the tree is located and if the applicant is not the owner of said property shall include a statement that the owner consents to the activity described on the permit application. (b) Notice. Prior to acting on an application for a tree removal permit affecting one or more protected trees, notice shall be given to property owners within one hundred fifty feet at the time of application, at least ten days before a decision on the permit is made.After making a determination on an application, the Community Development Director shall provide notification of the determination to the applicant and residents within one hundred fifty feet of the boundaries of applicant’s property, in accordance with paragraph 15-50.100. (c) Pruning Permit: A permit is required for structural pruning in excess of ISA Standards (the 2001 Edition of which is hereby adopted by reference) any given growth period or year of any protected tree. Pruning shall not exceed twenty-five percent of the canopy. No permit is required for structural pruning, which complies with ISA Pruning Standards, or for the pruning of productive agricultural trees. (d) Notwithstanding the foregoing, either written permission or a permit is required for the pruning of a protected tree the trunk of which is at least partially located on a neighboring property. (e) No fee shall be required for a permit to remove a Fallen tree and the permit fee for removal of a Dead tree shall be refunded to the applicant upon issuance of the permit. (Amended by Ord. 226 § 2 (part), 2003) 133 15-50.080 Determination on permit. (a) Criteria. Each application for a tree removal pruning or encroachment permit shall be reviewed and determined on the basis of the following criteria: (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services, and whether the tree is a Dead tree or a Fallen tree. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the property. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly on steep slopes. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the general welfare of residents in the area. (5) The age and number of healthy trees the property is able to support according to good forestry practices. (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. (8) Any other information relevant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in section 15-50.010. (9) The necessity to remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. (b) Additional recommendations. The Community Development Director may refer the application to another department, commission or person for a report and recommendation. The Director may also require the applicant to furnish a written report from an ISA Certified Arborist acceptable to the Director, such report to be obtained at the sole expense of the applicant. At the discretion of the Community Development Director, City Arborist review may be required before any tree removal, pruning or encroachment permit is issued or before approval of a project involving the removal of, pruning of or encroachment upon one or more protected trees is granted. City Arborist review shall also be at the sole expense of the applicant. (c) Decision by Director. The Community Development Director shall render his or her decision within thirty days after the filing of the application for a permit. The Director may grant or deny the application or grant the same with conditions, including, but not limited to, (1) the condition that one or more replacement trees be planted of a species and size and at locations as designated by the Director, (2) relocation of existing tree desired to be removed, and/or (3) payment of a fee or the posting of a bond or security deposit in favor of the City to the Tree Fund. Any such tree replacement, relocation, fee payment, or bonding or security deposit shall be at the sole expense of the applicant. (d) Security deposits and maintenance bonds. In the case of an application for, or a project involving encroachment on one or more protected trees, the applicant shall post a security deposit with the City in an amount equal to one hundred percent of the ISA valuation of the trees involved. The City may also require posting of a maintenance bond or security deposit of at least five years designed to ensure long term maintenance of the affected or replacement trees. Security deposits or maintenance bonds required for protected trees or replacement trees in 134 public or private development may, in the reasonable discretion of the Community Development Director, be refunded upon a determination that the project is in compliance with the City Arborist's requirements and/or Tree Preservation Plan. In the case of violations of this Article or where replacement, restitution, or other remedy required pursuant to Section 15-50.170 cannot be made on the project site, then such payments shall be made from the deposit or bond being held before any refund is made. (Amended by Ord. 226 § 2 (part), 2003) 15-50.090 Development or improvement projects. (a) Subdivision approval. When any application is made pursuant to Chapter 14 and that proposal would involve removal of, pruning of, or encroachment upon a protected tree, the City shall take into consideration the provisions of this Article in granting or denying the application. (b) Project approval. Removal of, pruning of, or encroachment upon any protected trees pursuant to project approval granted under this Chapter or Chapters 14 or 16 of this Code shall meet the requirements of Section 15-50.140 and be evaluated according to the criteria in Section 15-50.080. (c) Modifications to approved projects. In the event of any change or modification to an approved site development plan which results in removal of or an increase in pruning of or encroachment upon any protected tree, the provisions of this Article shall apply. (Amended by Ord. 226 § 2 (part), 2003) 15-50.100 Appeals. (a) Except otherwise provided in subsection (b) of this Section, any person objecting to a decision by the Community Development Director made pursuant to any of the provisions of this Article, may appeal such decision in accordance with the procedure set forth in Article 15-90 of this Chapter. Any permit issued pursuant to this Article shall take effect immediately upon the expiration of the appeal period specified in Article 15-90 of this Chapter unless the permit is appealed. If the permit is appealed or a permit denial is appealed and the Planning Commission upholds the permit or reverses the denial, the permit shall take effect immediately upon the decision of the Planning Commission unless appealed to the City Council in accordance with the procedure set forth in Article 15-90 of this Chapter. (b) Where an application for a tree removal permit has been granted and the Community Development Director determines that the tree in question presents a clear and immediate threat of causing injury to persons or property, the Community Development Director may issue the tree removal permit prior to expiration of the appeal period specified in Article 15-90 of this Chapter. (Amended by Ord. 226 § 2 (part), 2003) 15-50.110 No liability upon City. Nothing in this Article shall be deemed to impose any liability upon the City or upon any of its officers or employees, nor to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees and shrubs upon his property or upon a public right-of-way over his property. (Amended by Ord. 226 § 2 (part), 2003) 15-50.120 Setback of new construction from existing trees. 135 Unless otherwise permitted by the approving authority, no structure, excavation or impervious surface areas of any kind shall be constructed or installed within the root zone of any protected tree without mitigating special design, such as post and beam footings that bridge the roots. No parking, storing of vehicles, equipment or other materials shall be permitted within the dripline of any protected tree without special design considerations approved by the Community Development Director and the City Arborist. (Amended by Ord. 226 § 2 (part), 2003) 15-50.130 Arborist Report. An Arborist Report shall be required for any application for discretionary development approval that would require the removal of one or more trees protected by this Chapter and for any other projects where the Community Development Director determines it is necessary. The Community Development Director may require any Arborist Report (or portion thereof) to be reviewed by the City Arborist. The Arborist Report and any review of it by the City Arborist required by the Community Development Director shall be at the sole expense of the applicant. (Amended by Ord. 226 § 2 (part), 2003) 15-50.140 Tree Preservation Plan. (a) A Tree Preservation Plan shall be required for any project approved pursuant to Chapters 14, 15 and 16 of the Code on any site on which an Arborist Report is prepared. (b) The Tree Preservation Plan shall consist of a separate detailed plan drawn to a sufficient scale but no larger than twenty feet to the inch, with any details to be shown at least ten to the inch) to clearly indicate all protection and mitigation measures to be taken as required by the Community Development Director and/or the Arborist Report for the project. (c) When a project has been submitted for approval pursuant to Chapters 14, 15, or 16, there shall be no permits issued for grading or site improvements until a Tree Preservation Plan for the project has been approved by the Community Development Director and the required protection measures are determined to be in place through City inspection. Protection measures required shall remain in place for the duration of the construction activity at the project site, or as otherwise required by the City and shall not be removed until authorized by the Community Development Director. (d) The Tree Preservation Plan and any permits for tree removal shall be maintained at the project site at all times during construction activities and until all work has been completed, inspected and approved by the City. (e) At least three scheduled inspections shall be made by the City to ensure compliance with the Tree Preservation Plan. The inspections shall, at a minimum include the following: (1) Initial inspection prior to any construction or grading, (2) After completion of rough grading and/or trenching, and (3) Completion of all work including planting and irrigation system installation. Other inspections may be conducted as required by the Community Development Director. (Amended by Ord. 226 § 2 (part), 2003) 15-50.150 Tree fund. (a) Purpose and source of funds. A tree preservation fund shall be established for the City for the purposes specified in Section 15-50.020(z). The Tree Fund shall be funded by those fines, penalties, and other remedial payments which may be assessed by courts or administratively imposed, including, but not limited to, those provided for in Chapter 3 of this Code for violations 136 of this Article. In addition, payments required for replacement trees pursuant to Section 15- 50.170, as prescribed by the Community Development Director, or as a condition of development approval, or from payments made from a security deposit or bond, shall be held in the Tree Fund and used to purchase new and replacement trees. The Community Development Director and the City Arborist shall determine the selection, planting and location of any such trees. (b) Tree valuation. Lawfully removed trees to be replaced as a condition of development approval shall be valued and their removal compensated for as follows: Trees replaced on or off site according to good forestry practices, shall provide, in the opinion of the Community Development Director, equivalent value in terms of aesthetic and environmental quality, size, height, location, appearance, and other significant beneficial characteristics of the removed tree/s. The City Arborist shall calculate the value of the removed tree/s in accordance with the ISA Tree Valuation Formula contained in the April 2000 ISA Guide for Plant Appraisal, which is hereby adopted by reference. (Amended by Ord. 226 § 2 (part), 2003) 15-50.160 Enforcement. (a) General. The City shall vigorously enforce the provisions of this Article. Inspectors shall, in the course of their regular duties, monitor construction activities. Any observed violations shall be immediately reported to the Community Development Director for follow-up action. (b) Stop work orders. Whenever any activities are in violation of the provisions of this Article, applicable tree permit/s, Tree Preservation Plans, or conditions of project approval, a Building Inspector, Public Works Director, Community Service Officer, or Community Development Director shall issue a written notice to stop work on the project for which a violation has occurred. The notice shall state the nature of the violation or danger and with the exception of ordered remediation, no work shall be allowed to proceed until the violation has been rectified and any remaining activity approved by the City. (c) Cumulative remedies. All remedies in this Section shall be cumulative and are not exclusive. (Amended by Ord. 226 § 2 (part), 2003) 15-50.170 Violations; penalties and remedies. The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute public nuisance and an infraction. As either a public nuisance or an infraction, the violation shall be subject to the penalties or remedies as described in Chapter 3 of this Code and any other remedies authorized by the City Code, including, but not limited to the following: (a) Requiring that the violator obtain a tree removal, pruning or encroachment permit for the previously conducted unlawful activity, including one or more of the following conditions as appropriate: (1) the violator shall replace each unlawfully removed tree with one or more new trees which can be accommodated on the site of the violation according to good forestry practices and, in the opinion of the Community Development Director, will provide equivalent value in terms of cost (as determined pursuant to the City Arborist's calculation of the value of the removed tree/s in accordance with the ISA Tree Valuation Formula adopted by reference), aesthetic and environmental quality, size, height, location, appearance and other characteristics of the unlawfully removed tree; or 137 (2) where replacement trees cannot be accommodated on site according to good forestry practices, or cannot provide equivalent aesthetic or environmental quality of removed tree/s on site, the violator shall either plant replacement trees off site or make a cash payment to the City Tree Fund (based on the City Arborist's calculation of the value of the removed tree/s in accordance with the ISA Tree Valuation Formula adopted by reference), or any combination thereof, in accordance with the following: (A) To the extent that a cash payment is required for any portion or all of the value of the removed tree, such payment shall be doubled to reflect the estimated installation costs that would be incurred if replacement trees are planted; and (B) To the extent that the planting of offsite replacement trees is required, the retail cost of such trees, as shown by documentary evidence satisfactory to the Community Development Director, shall be offset against the value of the removed tree, but no credit shall be given for transportation, installation, maintenance and other costs incidental to the planting and care of the replacement trees; or (3) Where the unlawful activity did not result in tree removal, but did result in tree damage, the violator shall enhance the condition of the remaining trees or portions of trees according to good forestry practices which in the opinion of the Community Development Director, will provide equivalent value in terms of damage to the tree(s), aesthetic and environmental quality, size, height, location, appearance and other characteristics of the unlawfully damaged tree; provide equivalent enhancement of the condition of trees off site or make a cash payment to the City Tree Fund (based on the City Arborist's calculation of the equivalent value of the unlawful damage to the tree). (b) Any person who is required to plant replacement trees pursuant to this Section shall permanently maintain such trees in a good and healthy condition, for a minimum of five years to ensure permanent establishment of any such tree/s, as determined by the City Arborist. Such person shall post a maintenance bond or security deposit in a form prescribed by the Community Development Director and execute a maintenance agreement with the City, which shall be recorded in the office of the County Recorder. (c) As part of a civil action brought by the City, a court may assess against any person who commits, allows, or maintains a violation of any provision of this Chapter a civil penalty. Where the violation has resulted in removal of a protected tree, the civil penalty shall be in an amount not to exceed five thousand dollars per tree unlawfully removed unless the replacement value of a tree un awfully removed is greater than five thousand dollars which case the civil penalty for removal of that tree shall equal the replacement value (excluding installation) of the tree. (d) Payment (to the extent authorized by law and determined appropriate by the Community Development Director) of any criminal, civil, administrative, or other penalty or restitution order into the Tree Fund. (e) The violation of any provision contained in this Article during the conduct by any person of a tree removal, structural pruning, landscaping, construction or other business in the City shall constitute grounds for revocation of any business license issued to such person. (f) All remedies provided in this Section shall be cumulative and are not exclusive. (Amended by Ord. 226 § 2 (part), 2003) 15-50.180 Tree Companies, operating in the City. 138 Any business, which performs structural pruning or tree removal on protected trees in the City, must be in possession of a Saratoga business license, and must have an ISA Certified Arborist on staff, in a supervisory position for the accomplishment of such work. (Amended by Ord. 226 § 2 (part), 2003) 15-50.190 Possession of an approved tree removal permit. Any person engaged in any conduct requiring a permit pursuant to this Article shall have in his or her possession a copy of the approved permit. Upon request of a Peace Officer, City of Saratoga Code Enforcement Officer or other City Official, the person engaging in the referenced conduct shall produce the approved permit. If the person cannot produce the approved permit, all activity shall be suspended until a permit can be produced or obtained from the Community Development Department. (Amended by Ord. 226 § 2 (part), 2003) 139 PERMIT REQUIREMENTS FOR DEAD AND FALLEN TREES INNEIGHBORING CITIESCityPermit required for dead treesPermit required for fallen treesPermit required for hazard or emergency situationsFee for permitAdditional trees CommentsCampbell no no no$0 $0Mt. View* yes no no$116 $58fee waived after inspection by City ArboristCupertino yes yes yes$0 $0apply w/in 5 days of tree fallingLos Altos yes yes yes$50 $0fee waived for fallen, emergency, trees upon approval of DPW, Planning Director, police or fireSaratoga yes yes no $125 $0Hazard trees require inspection and approval by City official or sheriff's deputySunnyvale yes yes yes$260 $0approved over the counter same day, no notification of neighborsLos Gatos yes yes yes$130 $65* Mt. View inspects and posts dead trees for 10 days before allowing their removal unles they are found to be unsafeJanuary 16, 2013140 Saratoga Los Gatos Campbell Cupertino Los Altos Mt. View Palo Alto Is a tree protection bond required? Yes No – is an option No No No No – is an option No – is an option How is the bond amount determined? Per City Code – Is equal to 100% of the total appraised value of trees impacted by project. Penal sum of $5,000/tree up to $25,000 max NA NA NA NA Value of trees Is there discretion in the bond amount? No Yes NA NA NA Yes Yes – 25% - 100% of value What options for a security deposit are there? 1. CD 2. Savings account 3. Performance bond/insurance policy Any vehicle acceptable to CDD NA NA NA NA 1. Cash 2.CD 3.Insurance bond How long is security deposit held? Until end of project. May be held up to 5 years after completion of work. Until 1 year past completion of project. NA NA NA NA Until two years past completion of project 141 Saratoga Los Gatos Campbell Cupertino Los Altos Mt. View Palo Alto Are residential projects treated differently than large development projects? No No No No No Yes Yes How are residential and development projects different? No difference No NA NA NA More streamlined process Usually no bond on residential; bond required on commercial Is a Tree Preservation Plan required? Yes, if work will be done within 5 feet of canopy of protected tree. Yes Yes Yes, unless waived by CDD for minor projects. Yes Yes Yes Tree Disclosure Statement? No Yes – required Yes Recorded covenant documenting trees on site required No No No How are replacement trees determined? By appraised value of tree removed. By canopy cover and matrix in City Code - # trees/ amount of canopy removed Replace at 4 to 1 or a fee payment = value of tree By canopy cover and matrix in City Code. Determined by CDD Replace at ratio of 2 to 1 By canopy cover and matrix in Tree Tech Manual 142