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Home My WebLink About03-27-13 Planning Commission Agenda PacketTable of Contents Agenda 2 March 13, 2013 Draft Minutes 4 Application PDR13-0003; 18564 Paseo Pueblo (386-13-050); Chang / Shen Design - The applicant is requesting Design Review approval for a new single-story 3,190 square foot home, with a building height less than 21 feet. The existing 1,582 square foot home and shed will be removed. Staff Contact: Cynthia McCormick (408) 868-1230. Staff Report 6 Resolution 11 Neighbor Comments 15 Noticing 19 CalGreen 25 Plans 33 Application PDR13-0001; 18975 Monte Vista Drive (397-08- 031); K.C.S. Properties / D&Z Design - The applicant is requesting Design Review approval for a new single-story 6,038 square foot home and attached garage. The proposed home would be 25.8 feet in height and include a basement. The existing 4,310 square foot home will be removed. Staff Contact: Cynthia McCormick (408) 868-1230. Staff Report 40 Resolution 45 Noticing 49 Plans 51 Applications ZOA13-0002 & GPA13-0003; Zoning Ordinance Amendment to add Agricultural Preserve Open Space Overlay zoning to a property located at 22101 Mount Eden Road and a General Plan Amendment to change the land use designation of the Congress Springs Quarry Property to Open Space-Outdoor Recreation. Staff Contact: Christopher Riordan (408)868-1235. Staff Report 67 Attachment 1: PC Resolution 70 Attachment 1A: Open Space Outdoor Recreation Land Use Map Amendment 72 Attachment 1A.A: Exhibit A (GPA)74 Attachment 1B: Agricultural Preserve/Open Space Overlay Zoning Amendment 75 Attachment 1B.A: Exhibit A (ZOA)76 Attachment 2: Existing Williamson Act Contract for 22101 Mount Eden Road 77 1 AGENDA REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, March 27, 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 March 13, 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 PDR13-0003; 18564 Paseo Pueblo (386-13-050); Chang / Shen Design - The applicant is requesting Design Review approval for a new single-story 3,190 square foot home, with a building height less than 21 feet. The existing 1,582 square foot home and shed will be removed. Staff Contact: Cynthia McCormick (408) 868-1230. Recommended action: Adopt Resolution Number 13-009 approving the project subject to conditions of approval. 2. Application PDR13-0001; 18975 Monte Vista Drive (397-08-031); K.C.S. Properties / D&Z Design - The applicant is requesting Design Review approval for a new single-story 6,038 square foot home and attached garage. The proposed home would be 25.8 feet in height and include a basement. The existing 4,310 square foot home will be removed. Staff Contact: Cynthia McCormick (408) 868-1230. Recommended action: Adopt Resolution Number 13-010 approving the project subject to conditions of approval. 2 3. Applications ZOA13-0002 & GPA13-0003; Zoning Ordinance Amendment to add Agricultural Preserve Open Space Overlay zoning to a property located at 22101 Mount Eden Road and a General Plan Amendment to change the land use designation of the Congress Springs Quarry Property to Open Space- Outdoor Recreation. Staff Contact: Christopher Riordan (408)868-1235. Recommended action: Adopt Resolution No. 13-011 recommending that the City Council 1) approve a Resolution to amend the Land Use Map to change the land use designation of the Congress Springs Quarry Property from Hillside Open Space to Open Space Outdoor Recreation, and 2) adopt an ordinance applying the Agricultural Preserve Open Space Overlay zoning to the property located at 22101 Mount Eden Road. 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 March 21, 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 3 ACTION MINUTES REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, March 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 February 27, 2013 (7:0:0) 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 MOD13-0001; 14639 Big Basin Way (503-25-013); Jie Yao / SC Design Group - The applicant is requesting modifications to a previously approved design review, conditional use permit and tentative map application to construct a mixed-use project that would include a one two-story commercial building, a four-car attached garage and two residential townhomes. Staff Contact: Michael Fossati 408) 868-1212 Recommended action: Adopted Resolution No. 13-006 approving the project subject to conditions of approval. (6:1(Bernald):0) 2. Application ZOA13-0001; City-Wide; City of Saratoga - The proposed zoning amendment would allow businesses to sell beer and/or wine for consumption off-site as a principally permitted use within any commercial zoning district under certain conditions. Staff Contact: Michael Fossati (408) 868-1212 Recommended action: Adopted Resolution No. 13-007 approving the recommendation that the proposed zoning amendment be adopted by City Council, as amended, for retail establishments and markets located in any commercial district where 10% or less (but no more than 250 square feet) of the establishment’s total floor area is dedicated to beer and/or wine sales for off-site consumption (7:0:0) 4 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 March 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 5 REPORT TO THE PLANNING COMMISSION Meeting Date: March 27, 2013 Application: PDR 13-0003 Location / APN: 18564 Paseo Pueblo / 386-13-050 Owner / Applicant: Chang / Shen Design Staff Planner: Cynthia McCormick, AICP 18564 Paseo Pueblo 6 Summary PROJECT DESCRIPTION: The applicant is requesting Design Review approval for a new single-story 3,190 square foot home, with a building height less than 21 feet. The existing 1,582 square foot home and shed will be removed. STAFF RECOMMENDATION: Adopt Resolution Number 13-009 approving the project subject to conditions of approval. PROJECT DATA: Net Site Area: 10,800 SF Average Slope: level General Plan Designation: M-10 (Medium Density Residential) Zoning: R-1-10,000 Proposed Allowed/Required Proposed Site Coverage Residential Footprint Driveway Decks/Walkways Total Proposed Site Coverage 3,190 sq. ft. 972 sq. ft. 172 sq. ft. 4,334 sq. ft. (40.13%) Maximum Coverage Allowed is 6,480, SF (60%) Floor Area Main Floor Garage Enclosed Porch Total 2,565 sq. ft. 473 sq. ft. 152 sq. ft. 3,190 sq. ft. Maximum Floor Area Allowed is 3,370 sq. ft. Height (Residence) Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: 268.2 268.7 268.5 289.0 (20.5 Ft.) Maximum Building Height is 26 Feet Setbacks Front: Left Side: Right Side: Rear: 1st Story 25’ 10’ 10’ 36’ 2nd Story n/a n/a n/a n/a 1st Story 25’ 10’ 10’ 25’ 2nd Story n/a n/a n/a n/a 2 7 PROJECT DESCRIPTION AND SITE CHARACTERISTICS Planning Commission Design Review is required per City Code Section 15-45.060(a)(3) for any new home over 18 feet in height. Site Description: The property is located in the north-eastern quadrant of the City. The neighborhood primarily consists of single-story ranch homes built in the 1960s and a few newer homes built within the past 20 years. Project Description and Architectural Style: The single-story home has been designed with two exterior colors to help break up the horizontal portions of the home. The steeply pitched hip roof is set back from the front of the home and its mass is minimized through the addition of a dormer. The roof pitch accommodates varying ceiling heights in the entrance, great room, and remainder of the house. Materials and Colors: Detail Colors and Materials Exterior “Greystone” Colored Smooth Stucco “Stonegate” Colored Smooth Stucco Trim “Oxford Brown” Windows Brown Stained Wood Entry Door “Hemlock Grain” Fiberglass Garage Door Brown Stained Wood Roof Gray-Brown Colored Concrete Tiles Trees: The City Arborist has determined that one protected privet tree meets the criteria for removal. The tree would threaten damage to the new foundation should it be left in place. It is not suitable for relocation and must be replaced with new trees equal to its appraised value. Residential Calgreen Measures: In addition to meeting the minimum green standards for a new home, the project will utilize the existing foundation and driveway location, and include a gas-fired fireplace as well as energy efficient lighting, appliances, and HVAC system. Additionally, the attic space provides a thermal baffle for the habitable spaces below and works in conjunction with a whole house fan to cool the home in the summer. Neighbor Notification and Correspondence: The applicant sent Neighbor Notification forms to the adjacent neighbors (see Attachment #2). Three neighbors signed the forms without comment. One neighbor indicated she would like to see a larger version of the plans. Staff contacted the neighbor on the availability of the plans at City Hall. After receiving notice and seeing the plans and story poles, the neighbor voiced concerns over the height of the home and potential obstructed views of the mountains. Staff invited the neighbor to share her concerns at the Site Visit and/or Public Hearing. A Public Notice was also sent to property owners within 500 feet of the site. No additional comments have been brought to the City’s attention as of the writing of this staff report. 3 8 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 no windows will directly face adjacent house windows and the roof lines have been designed to minimize impacts to neighbor sight lines. (b) The project preserves the natural landscape. The project meets this finding by utilizing the existing foundation and placing the new driveway in the same location as the existing driveway. (c) The project preserves protected, native and heritage trees. The project meets this finding in that only one protected tree will be removed. It will be replaced with new trees equal to its appraised value. (d) The project minimizes the perception of excessive bulk. The project meets this finding in that the highest roof ridge is setback 59 feet from the front lot line and its mass is broken up through the inclusion of a dormer and glazing. Earthtone colors and wood trim is proposed for the exterior. A porch and single gable roof over one of the bedrooms/office helps to further break up the mass of the façade. (e) The project is of compatible bulk and height. The project meets this finding in that the single story home is less than 21 feet in height where 26 feet is allowed by code. The hip roof forms are compatible with adjacent residences. The front porch and lower height roof lines at the front of the home help blend the home into the neighborhood. (f) The project uses current grading and erosion control methods. The Project is conditioned to conform to the City’s current grading and erosion control standards and comply with applicable NPDES Standards. (g) The project follows appropriate design policies and techniques. The project meets this finding. The proposed design minimizes the perception of bulk by minimizing the areas of maximum height (Policy 1, Technique 4), integrates the home with the environment by using natural materials and colors (Policy 2, Technique 1), avoids interference with privacy by controlling view to adjacent properties (Policy 3, Technique 1), preserves views and access to views by designing the structure to reduce its height impact (Policy 3, Technique 3), and is designed for energy efficiency by allowing light, air, and solar access to adjacent homes (Policy 5, Technique 3). 4 9 5 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 2. Neighbor Notification Forms 3. Public Hearing Notice, Mailing Addresses for Project Notification 4. Residential Calgreen Measures Checklist 5. Development Plans (Exhibit "A") 10 Attachment 1 RESOLUTION NO. 13-009 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING APPLICATION NO. PDR13-0003 FOR A NEW SINGLE FAMILY HOME LOCATED AT 18564 PASEO PUEBLO / 386-13-050 WHEREAS, on January 23, 2013 an application was submitted by Mary Chang requesting Design Review approval for a new single-family residence. The existing home will be demolished. The total floor area of the proposed residence and garage would be 3,086 square feet. The height of the proposed residence would be less than 21 feet, as measured from average grade. One tree meets the criteria for removal to construct the project. The property is located within the R1-10,000 Zoning District. WHEREAS, on March 27, 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 Saratoga General Plan Policies LU 1.1 in that the City shall continue to be predominately a community of single-family detached residences and LU 1.2 to continue to review all residential development proposals to ensure consistency with Land Use Element goals and Policies. 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, native and heritage trees; minimizes the perception of excessive bulk and is of compatible bulk and height; uses current grading and erosion control methods; and follows appropriate design policies and techniques. Section 5: The project is consistent with the Saratoga City Code in that the removal of protected tree(s) meets the criteria established in Section 15-50.080(a). 11 Resolution No. 13‐009 Page 2 Section 6: The City of Saratoga Planning Commission hereby approves Application No. PDR13- 0003 subject to the Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission this 27th day of March 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Tina K. Walia Chair, Planning Commission 12 Resolution No. 13‐009 Page 3 EXHIBIT 1 CONDITIONS OF APPROVAL PDR 13-0003 18564 PASEO PUEBLO / 386-13-050 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. 13 Resolution No. 13‐009 Page 4 5. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A" and as conditioned below. All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with City Code. 6. Fencing. All fencing, including the front yard stucco wall, shall be in compliance with City Code Article 15-29. 7. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department. b. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. c. This signed and dated Resolution printed onto separate construction plan pages. d. The Arborist Report printed onto separate construction plan pages. e. The site plan shall contain the following notes: i. “Prior to foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans.” ii. “Disposition and treatment of stormwater will comply with the National Pollution Discharge Elimination System ("NPDES") Standards and implementation standards established by the Santa Clara Valley Urban Runoff Pollution Prevention Program” 8. The owner/applicant shall agree to all conditions required by the Saratoga Building Department. 9. The owner/applicant shall agree to all conditions required by the City Engineer, as applicable. 10. The owner/applicant shall agree to all conditions required by the City Arborist, as applicable, prior to issuance of building permits. 11. The owner/applicant shall agree to all conditions required by the Santa Clara County Fire Department, as applicable. 12. The owner/applicant shall agree to all conditions required by the Sewer District, as applicable, prior to issuance of building permits. 14 15 16 17 18 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, March 27 2013 at 7:00 p.m. The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. A site visit will also be held by the Planning Commission at the subject property. Please contact the Planning Department for the date and time of the site visit. APPLICATION: PDR 13-0003 OWNER/APPLICANT: Chang / Shen Design ADDRESS/APN: 18564 Paseo Pueblo; Saratoga, CA 95070 / 386-13-050 PROJECT DESCRIPTION: The applicant is requesting Design Review approval for a new single-story 3,190 square foot home, 20 feet, 10 inches in height, with attached garage. The existing home will be removed. One tree will be removed. The 10,800 square foot property is located in the R1-10,000 zoning district. Details of this item are available at the Saratoga Community Development Department, Monday through Thursday 7:30 a.m. – 5:00 p.m. and every other Friday. Please consult the City website at www.saratoga.ca.us regarding Friday office closures. The schedule can be found by clicking on the “Calendar” tab at the top right hand side of the homepage. If you have comments that you would like included in the staff report, please submit correspondence no later than 9 days before the Hearing. A copy of the staff report and supporting documents will be available on the City website no later than 5 days before the Hearing. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission, you may be limited to raising only those issues you or someone else raised at the Public Hearing. 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. Cynthia McCormick, Planner, AICP (408) 868-1230 19 Subject APN: 386-13-050 Address: 18564 PASEO PUEBLO 500’ Radius SARATOGA CA 95070 Advanced Listing Services Inc. Ownership Listings & Radius Maps P.O. Box 2593 •Dana Point, CA •92624 Office: (949) 361-3921 •Fax: (949) 361-3923 www.Advancedlisting.com 20 Parcel Number Owner Name Owner Address Owner City, State Zip #5378 500' OWNERSHIP LISTING Prepared for: 18564 PASEO PUEBLO 386-13-010 SHARON N HIRAHARA 12749 QUITO RD SARATOGA CA 95070 386-13-011 STEVEN E & CARY L KULLICK 18533 PASEO TIERRA SARATOGA CA 95070 386-13-012 JANET B SIEVERT 18549 PASEO TIERRA SARATOGA CA 95070 386-13-013 JULIE F MEDNICK 18565 PASEO TIERRA SARATOGA CA 95070 386-13-014 KEITH D HOFFMAN 18581 PASEO TIERRA SARATOGA CA 95070 386-13-015 SYLVIA CHRISTIAN 18597 PASEO TIERRA SARATOGA CA 95070 386-13-016 MINGRUI & WANG HONG LING 1675 HERON AVE SUNNYVALE CA 94087 386-13-017 WALTER J & JEANETTE B SIMMONS 18645 PASEO TIERRA SARATOGA CA 95070 386-13-021 ANTHONY S & SUE S WANG 18676 PASEO TIERRA SARATOGA CA 95070 386-13-022 FARHAD & MOAYED SEPIDEH TABRIZI 27200 CARRINGTON CIR LOS ALTOS HILLS CA 94022 386-13-023 NING LU 18644 PASEO TIERRA SARATOGA CA 95070 386-13-024 MERCY R ARMER 18628 PASEO TIERRA SARATOGA CA 95070 386-13-025 VINKO & STELLA SARIC 18596 PASEO TIERRA SARATOGA CA 95070 386-13-026 PAUL KING WAI & DORA L TOM 18580 PASEO TIERRA SARATOGA CA 95070 386-13-027 WILLIAM S & RITA R WEDELL 18564 PASEO TIERRA SARATOGA CA 95070 386-13-028 ATUL & ALKA SHARMA 18548 PASEO TIERRA SARATOGA CA 95070 386-13-029 ANNA R & RICHARD BARRANCO 18532 PASEO TIERRA SARATOGA CA 95070 386-13-030 AMR Y & SAHAR A EISSA 21240 CANYON VIEW DR SARATOGA CA 95070 386-13-031 WILLIAM J CURRAN 12821 QUITO RD SARATOGA CA 95070 386-13-032 GARY G & KATHRYN L CHARLTON 18533 PASEO PUEBLO SARATOGA CA 95070 386-13-033 AMY & BRIAN BERLINER 18549 PASEO PUEBLO SARATOGA CA 95070 386-13-034 MARK D & ALISA M JOHNSON 18565 PASEO PUEBLO SARATOGA CA 95070 386-13-035 DANIELLE & DIANA LYNN LANE 18581 PASEO PUEBLO SARATOGA CA 95070 386-13-036 ROBERT W GRINDSTAFF 18597 PASEO PUEBLO SARATOGA CA 95070 386-13-037 HAROLD F CHRISTENSEN 18629 PASEO PUEBLO SARATOGA CA 95070 386-13-038 JAMES L HOPPE 18645 PASEO PUEBLO SARATOGA CA 95070 386-13-039 ATUL & ALKA SHARMA 18661 PASEO PUEBLO SARATOGA CA 95070 386-13-040 JUNG-CHUNG LEE 18677 PASEO PUEBLO SARATOGA CA 95070 386-13-043 NATHAN & MAIKO SHAW 18692 PASEO PUEBLO SARATOGA CA 95070 386-13-044 SOHRAB TAGHIPOUR 18676 PASEO PUEBLO SARATOGA CA 95070 386-13-045 JOHN D & JANE E BEGGS 18660 PASEO PUEBLO SARATOGA CA 95070 386-13-046 FRANKIE JEMISON 18644 PASEO PUEBLO SARATOGA CA 95070 386-13-047 FARID SHAHRIVAR 18628 PASEO PUEBLO SARATOGA CA 95070 386-13-048 WILLIAM J MINKEL PO BOX 4550 CAMP CONNELL CA 95223 386-13-049 ALLWYN M & JENNIFER A SEQUEIRA 21225 SARATOGA HILLS RD SARATOGA CA 95070 21 386-13-050 TAO & MARY L CHANG 18564 PASEO PUEBLO SARATOGA CA 95070 386-13-051 JOSEPH A & NANCY JAMELLO 18548 PASEO PUEBLO SARATOGA CA 95070 386-13-052 ROBERT P & SANDRA K BLACK 18532 PASEO PUEBLO SARATOGA CA 95070 386-13-053 KEVIN J & CHERRY T FOLEY 12861 QUITO RD SARATOGA CA 95070 386-13-054 ELIZABETH B SZUCS 12885 QUITO RD SARATOGA CA 95070 386-13-055 DIXUN LI 18533 COX AVE SARATOGA CA 95070 386-13-056 FAYSAL & RANA SHAARANI 3648 ROWLEY DR SAN JOSE CA 95132 386-13-057 MOHANA RADHAKRISHNAN 18565 COX AVE SARATOGA CA 95070 386-13-058 RODOLFO CORRALES 18581 COX AVE SARATOGA CA 95070 386-13-059 NIVEDITA GHOSH 18597 COX AVE SARATOGA CA 95070 386-13-060 SUSANNE R SWANSON 12743 SARATOGA CREEK DR SARATOGA CA 95070 386-13-061 FRANCISCO & GUTIERREZ ARACELI ALF 18645 COX AVE SARATOGA CA 95070 386-13-062 LINDA H DANG 18661 COX AVE SARATOGA CA 95070 386-13-063 QIONGZHONG JIANG 18677 COX AVE SARATOGA CA 95070 389-13-004 BHUVANESH JANI 18676 COX AVE SARATOGA CA 95070 389-13-005 LEE TRUST 18660 COX AVE SARATOGA CA 95070 389-13-006 WILLIAM & CYNTHIA SANBORN 18644 COX AVE SARATOGA CA 95070 389-13-007 FENG WEN 18628 COX AVE SARATOGA CA 95070 389-13-008 ROGER E DOSS 18596 COX AVE SARATOGA CA 95070 389-13-009 LUCA & MONCINI PAOLA SARTORI 1556 JASPER DR SUNNYVALE CA 94087 389-13-010 DUC TRAN 18564 COX AVE SARATOGA CA 95070 389-13-011 PARVIZ & LILI EBRAHEMI 18548 COX AVE SARATOGA CA 95070 389-13-012 CHHAYA M & MAHESH H MEHTA 18532 COX AVE SARATOGA CA 95070 389-13-013 CAROLINE E & TONY STAVJANIK 12931 QUITO RD SARATOGA CA 95070 389-13-014 JAMES P & BETH L FINNIGAN 12965 QUITO RD SARATOGA CA 95070 389-13-015 SCOTT & COLLEEN A BARNESON 2114 WOLFE PL W SEATTLE WA 98199 389-13-016 NITIN & SHARMA PALLAVI PRASAD 18549 PASEO LADO SARATOGA CA 95070 389-13-017 TIMOTHY G LOPEZ 18565 PASEO LADO SARATOGA CA 95070 389-13-018 YEAO-NAN & SHIN-CHYI HSIEH 52 DUNBARTON CT SAN RAMON CA 94583 389-13-019 ROBERT H FRIIS 505 W OLIVE AVE SUITE #300 SUNNYVALE CA 94086 389-13-020 PLACE CORYS 18613 PASEO LADO SARATOGA CA 95070 389-13-021 MIN-HANK HO 18629 PASEO LADO SARATOGA CA 95070 389-13-022 THOMAS E & OPAL V CRIBBS 18645 PASEO LADO SARATOGA CA 95070 403-28-094 MATTHEW & CLEGERN-SILER SUZANNE 18479 BAYLOR AVE SARATOGA CA 95070 403-28-095 STRAUN & LISA EDWARDS 18493 BAYLOR AVE SARATOGA CA 95070 403-29-003 MARTINA TAPIA 2254 QUITO RD SAN JOSE CA 95130 403-29-004 WAI TUNG YIM 2244 QUITO RD SAN JOSE CA 95130 22 403-29-005 PILSOOK L GOTH 2234 QUITO RD SAN JOSE CA 95130 403-29-006 GLEN D & BARBARA M STEPHENS 2226 QUITO RD SAN JOSE CA 95130 403-29-007 JOHN J CARDOZA 2218 QUITO RD SAN JOSE CA 95130 403-29-008 YU JUNG CHENG 2208 QUITO RD SAN JOSE CA 95130 403-29-009 SOHI AZODI 2198 QUITO RD SAN JOSE CA 95130 403-29-010 MITAR NERIC 2186 QUITO RD SAN JOSE CA 95130 403-29-011 MAHMOOD & NASEEM SAFA 2176 QUITO RD SAN JOSE CA 95130 403-29-012 ELWOOD G & LAURIE A WILSON 2166 QUITO RD SAN JOSE CA 95130 403-29-013 WILLIAM K & JESSIE L ADAMS 2158 QUITO RD SAN JOSE CA 95130 403-29-014 NORM KOW 5109 YORKTON WAY SAN JOSE CA 95130 403-29-015 DON R QUIGLEY 4499 VANDERBILT DR SAN JOSE CA 95130 403-29-025 DONALD P & GREENIE L VAN BUREN 21660 RAINBOW CT CUPERTINO CA 95014 403-29-026 YUE & LILI SUN 2183 TAMIE LN SAN JOSE CA 95130 403-29-027 JOYCE R & JOHN J MURPHY 2193 TAMIE LN SAN JOSE CA 95130 403-29-028 DAVID H & AVIS H MEI 230 N EL MONTE AVE LOS ALTOS CA 94022 403-29-029 CHUNG KU & KYUNG SEON YOON 2215 TAMIE LN SAN JOSE CA 95130 403-29-030 ALAN J & RONALD LINNEY 2225 TAMIE LN SAN JOSE CA 95130 403-29-031 GERHARD SCHREIBER 2237 TAMIE LN SAN JOSE CA 95130 403-29-032 DAVID S & FABIENNE C BELL 2249 TAMIE LN SAN JOSE CA 95130 403-29-033 MICHAEL I & ESTHER R OLSON 5248 BOBBIE AVE SAN JOSE CA 95130 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 REPORT TO THE PLANNING COMMISSION Meeting Date: March 27, 2013 Application: PDR 13-0001 Location / APN: 18975 Monte Vista Drive / 397-08-031 Owner / Applicant: K.C.S. Properties / D&Z Design Staff Planner: Cynthia McCormick, AICP 18975 Monte Vista Drive 40 Summary PROJECT DESCRIPTION: The applicant is requesting Design Review approval for a new single-story 6,038 square foot home and attached garage. The proposed home would be 25.8 feet in height and include a basement. The existing 4,310 square foot home will be removed. STAFF RECOMMENDATION: Adopt Resolution Number 13-010 approving the project subject to conditions of approval. PROJECT DATA: Net Site Area: 76,111 SF Average Slope: 24.24% General Plan Designation: RVLD (Residential Very Low Density) Zoning: R-1-40,000 Proposed Allowed/Required Site Coverage Residential Footprint Driveway / Parking Area Porches/Terraces Pool/Spa Total Site Coverage 5,852 sq. ft. 3,902 sq. ft. 3,490 sq. ft. 850 sq. ft. 14,093 sq. ft. (18.5%) Maximum Coverage Allowed is 26,638 SF (35%) Floor Area Main Floor Garage Enclosed Porch Total 4,784 sq. ft. 1,068 sq. ft. 186 sq. ft. 6,038 sq. ft. Maximum Floor Area Allowed is 6,040 sq. ft. Height (Residence) Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: 530.00 536.00 533.00 558.83 (25.8 Ft.) Maximum Building Height is 26 Feet Setbacks Front: Left Side: Right Side: Rear: 1st Story 30’ 20’ 20’ 208’ 2nd Story n/a n/a n/a n/a 1st Story 30’ 20’ 20’ 50’ 2nd Story n/a n/a n/a n/a 41 PROJECT DESCRIPTION AND SITE CHARACTERISTICS Planning Commission Design Review is required per City Code Section 15-45.060(a) for any new home over 18 feet in height or over 6,000 square feet in area. Site Description: The property is located in the south-eastern quadrant of the City. The neighborhood primarily consists of single-story homes, many of which are newer homes with steeply pitched roofs or tall entries. The exterior of most of the homes is either stucco, stone, or brick in neutral colors. The existing home to be removed has a pink colored stucco exterior. Project Description and Architectural Style: The proposed home is a single-story design with varied rooflines and neutral colors. The hip portion of the roof is set back from the front of the home and is minimized by the placement of the gable roofs and dormers. A mix of stone veneer and stucco helps break up the mass of the home. Materials and Colors: Detail Colors and Materials Exterior Tan Colored Smooth Stucco Trim Taupe Accent Varied Brown and Tan Colored Stone Veneer Windows Brown Colored Vinyl Entry Door Brown Stained Wood with Sidelites. Garage Door Brown Stained Wood Carriage style Roof Varied Tan, Brown and Grey Colored Concrete Tiles Trees: The City Arborist has determined that three protected trees meet the criteria for removal. These trees will not survive construction; two of the trees are in fair condition and one tree is in poor condition. The property has numerous trees in good condition and the site would be better served by planting replacement trees after the house has been built. Removed trees must be replaced with new trees equal to their appraised value. Residential Calgreen Measures: The project meets the minimum CalGreen standards for a new home. The Residential Calgreen Measures Checklist is provided on page CG-1 of the plans. Neighbor Notification and Correspondence: The applicant sent Neighbor Notification forms to the adjacent neighbors. A Public Notice was also sent to property owners within 500 feet of the site. No comments have been brought to the City’s attention as of the writing of this staff report. 3 42 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. The project has been designed so that the majority of windows face the front or back of the property. A large open space at the rear of the property minimizes view blockage. (b) The project preserves the natural landscape. The project meets this finding by building the home on the flattest portion of the lot and maintaining the dense grove of trees at the rear of the property. (c) The project preserves protected, native and heritage trees. The project meets this finding in that only three protected tree will be removed, while maintaining numerous other trees on the property. All removed trees must be replaced with new trees equal to their appraised value. (d) The project minimizes the perception of excessive bulk. The mass of the home is minimized through the use of varied rooflines and the placement of dormers in the steepest portion of the roof. A mix of neutral colored stone veneer and stucco helps to further break up the mass of the home. The project meets this finding. (e) The project is of compatible bulk and height. The project meets this finding in that the proposed home is a single-story design that will complement the neighborhood. The proposed colors and stone accents are compatible with nearby homes. (f) The project uses current grading and erosion control methods. The Project is conditioned to conform to the City’s current grading and erosion control standards and comply with applicable NPDES Standards. (g) The project follows appropriate design policies and techniques. The project meets this finding. The proposed design minimizes the perception of bulk by using architectural features to break up massing (Policy 1, Technique 6), integrates the home with the environment by using natural materials and colors (Policy 2, Technique 1), avoids interference with privacy by controlling view to adjacent properties (Policy 3, Technique 1), preserves views and access to views by locating the structure to minimize view blockage (Policy 3, Technique 1), and is designed for energy efficiency by allowing light, air, and solar access to adjacent homes (Policy 5, Technique 3). 4 43 5 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 2. Public Hearing Notice, Mailing Addresses for Project Notification 3. Development Plans (Exhibit "A") 44 Attachment 1 RESOLUTION NO. 13-010 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING APPLICATION NO. PDR13-0001 FOR A NEW SINGLE FAMILY HOME LOCATED AT 18975 MONTE VISTA DRIVE / 397-08-031 WHEREAS, on January 3, 2013 an application was submitted by D&Z Design Associates requesting Design Review approval for a new single-family residence. The existing home will be demolished. The total floor area of the proposed residence and garage would be 6,038 square feet. The height of the proposed residence would be less than 26 feet, as measured from average grade. Three trees meet the criteria for removal to construct the project. The property is located within the R1-40,000 Zoning District. WHEREAS, on March 27, 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 Saratoga General Plan Policies LU 1.1 in that the City shall continue to be predominately a community of single-family detached residences and LU 1.2 to continue to review all residential development proposals to ensure consistency with Land Use Element goals and Policies. 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, native and heritage trees; minimizes the perception of excessive bulk and is of compatible bulk and height; uses current grading and erosion control methods; and follows appropriate design policies and techniques. Section 5: The project is consistent with the Saratoga City Code in that the removal of three protected trees meets the criteria established in Section 15-50.080(a). Section 6: The City of Saratoga Planning Commission hereby approves Application No. PDR13- 0001 subject to the Conditions of Approval attached hereto as Exhibit 1. 45 Resolution No. 13‐010 Page 2 PASSED AND ADOPTED by the City of Saratoga Planning Commission this 27th day of March 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Tina K. Walia Chair, Planning Commission 46 Resolution No. 13‐010 Page 3 EXHIBIT 1 CONDITIONS OF APPROVAL PDR 13-0001 18975 MONTE VISTA DRIVE / 397-08-031 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. 47 Resolution No. 13‐010 Page 4 5. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A" and as conditioned below. All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with City Code. 6. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department. b. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. c. This signed and dated Resolution printed onto separate construction plan pages. d. The Arborist Report printed onto separate construction plan pages. e. The site plan shall contain the following notes: i. “Prior to foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans.” ii. “Disposition and treatment of stormwater will comply with the National Pollution Discharge Elimination System ("NPDES") Standards and implementation standards established by the Santa Clara Valley Urban Runoff Pollution Prevention Program” 7. The owner/applicant shall agree to all conditions required by the Saratoga Building Department. 8. The owner/applicant shall agree to all conditions required by the City Engineer, as applicable. 9. The owner/applicant shall agree to all conditions required by the City Arborist, as applicable, prior to issuance of building permits. 10. The owner/applicant shall agree to all conditions required by the Santa Clara County Fire Department, as applicable. 11. The owner/applicant shall agree to all conditions required by the Sewer District, as applicable, prior to issuance of building permits. 48 Advanced Listing Services Inc. 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: 397-08-031 Address: 18975 Monte Vista Drive 500’ Radius Saratoga, CA 95070 49 Parcel No.Owner Name Owner Address Owner City, State Zip #5346 500' OWNERSHIP LISTING Prepared for: 18975 MONTE VISTA DR 397-07-036 MATO & MARE MILOGLAV 15161 SOBEY RD SARATOGA CA 95070 397-07-037 SEBASTIANO & FRANCESCA COIS 15181 SOBEY RD SARATOGA CA 95070 397-07-038 KEVIN & LINH HUEY 15201 SOBEY RD SARATOGA CA 95070 397-07-039 RAMESH & SHINKU SHARMA 15211 SOBEY RD SARATOGA CA 95070 397-07-059 SURENDRA B & YARLAGADDA PADMA 15215 SOBEY RD SARATOGA CA 95070 397-07-060 THOMAS U & NORMA J COE 15217 SOBEY RD SARATOGA CA 95070 397-08-019 ROBERT E & ROSALYN M WORK 19015 SUNNYSIDE DR SARATOGA CA 95070 397-08-020 RAYMOND W & VIRGINIA W SAMPSON19045 SUNNYSIDE DR SARATOGA CA 95070 397-08-021 DONALD P & MARY A LEACH 19075 SUNNYSIDE DR SARATOGA CA 95070 397-08-023 WILLIAM R DANSER 15430 EL CAMINO GRANDE SARATOGA CA 95070 397-08-024 ROBERT L & MARTHA C MIROYAN 15400 EL CAMINO GRANDE SARATOGA CA 95070 397-08-025 PEPPER LANE-PENDER LLC 15729 LOS GATOS BLVD #200 LOS GATOS CA 95032 397-08-026 SCOTT & JOANIE KRIENS 18974 MONTE VISTA DR SARATOGA CA 95070 397-08-027 SCOTT & JOAN KRIENS 18974 MONTE VISTA DR SARATOGA CA 95070 397-08-031 CHRIS K SMITHER 16611 MADRONE AVE LOS GATOS CA 95030 397-08-032 JEFFREY B & ELIZABETH C BRYANT 19001 MONTE VISTA DR SARATOGA CA 95070 397-08-033 PELIO W LESLIE 14573 BIG BASIN WAY SARATOGA CA 95070 397-08-034 PELIO W LESLIE 14573 BIG BASIN WAY SARATOGA CA 95070 397-08-040 WILLIAM J & MARY E COMPORT 15242 EL CAMINO GRANDE SARATOGA CA 95070 397-08-048 DEEPALI & HEMANT K GOSAIN 18811 MONTEWOOD DR SARATOGA CA 95070 397-08-049 TOVE SIMONSEN 18433 MONTEWOOD DR SARATOGA CA 95070 397-08-050 HAROLD P & ELEANOR LIPTON 15420 MONTE VISTA DR SARATOGA CA 95070 397-08-070 DANIEL T & CAROLYN P DOLES 15280 EL CAMINO GRANDE SARATOGA CA 95070 397-08-081 GUPTA, RAM PAUL & SA ROJ K TR 3/2 15000 BLUE GUM CT SARATOGA CA 95070 397-08-082 DAGMAR M HORVATH 15209 BLUE GUM CT SARATOGA CA 95070 397-08-083 TARAKA S & RAJAN SHARANYA SIRIP 15225 BLUE GUM CT SARATOGA CA 95070 397-08-091 MICHAEL SHADMAN 15219 SOBEY RD SARATOGA CA 95070 397-08-092 KEVIN & YIANNOULLA STURGE 18927 MONTE VISTA DR SARATOGA CA 95070 397-08-093 BARRETT BRIGITTE TR 18929 MONTE VISTA DR SARATOGA CA 95070 397-08-094 PATRICK J & SILVIA M OHAREN 18935 MONTE VISTA DR SARATOGA CA 95070 397-08-095 HEMANT & MONISHA BHEDA 14812 GYPSY HILL RD SARATOGA CA 95070 397-08-099 RICHARD B & THERESA M BEAM PO BOX 2415 SARATOGA CA 95070 397-08-100 REED H & RAINS MERYL KINGSTON 18855 MONTEWOOD CT SARATOGA CA 95070 397-08-101 ROUBIK & AGNES GREGORIAN 18867 MONTEWOOD CT SARATOGA CA 95070 397-07-094 WANG PING TR/FAM TR 15134 SPERRY LN SARATOGA CA 95070 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 REPORT TO THE PLANNING COMMISSION Meeting Date: March 27, 2013 Application: ZOA13-0002 – Zoning Ordinance Amendment GPA13-0003 – General Plan Amendment Location: 22101 Mount Eden Road and the Congress Springs Quarry Properties located on Big Basin Way Applicant/Owner: City of Saratoga Staff Planner: Christopher Riordan SUMMARY: Project Description: On August 17, 2011, the City Council authorized the City’s acquisition of the 68-acre Congress Springs Quarry Properties from the County of Santa Clara. The existing General Plan Land Use Designation for the property is Hillside Open Space (H-OS) which is not consistent with the City’s intent to convert the property to a city park. Therefore, a change from H-OS to the Open Space-Outdoor Recreation (OS-OR) land use designation is proposed. A 103-acre parcel located at 22101 Mount Eden Road is in the process of being annexed from the County of Santa Clara to the City of Saratoga according to the State’s Streamlined Annexation Process. The property has a pre-zoning designation of Residential Open Space (R-OS). The property is currently subject to an existing Williamson Act Contact. The Agricultural Preserve Open Space Overlay (AP/OS) would be applied to this property as it promotes agricultural uses and such zoning amendment is required for land on which Williamson Act contracts are executed. The above actions require review and recommendation by the Planning Commission and final review by the City Council. Staff Recommendation: Adopt Resolution No. 13-011 recommending that the City Council 1) approve a Resolution to amend the Land Use Map to change the land use designation of the Congress Springs Quarry Property from Hillside Open Space to Open Space Outdoor Recreation, and 2) adopt an ordinance applying the Agricultural Preserve Open Space Overlay zoning to the property located at 22101 Mount Eden Road. PROJECT DISCUSSION Congress Springs Quarry Properties On August 17, 2011, the City Council authorized the City’s acquisition of the 68-acre Congress Springs Quarry Properties (the Quarry Property) from the County of Santa Clara. The Quarry Property (APN’s 503-48-044,045 & 517-32-001) are currently designated as “Regional Park, Existing” in the Santa Clara County General Plan and pre-designated as Hillside Open Space in the City of Saratoga General Plan. The City has indentified the Quarry Property as an area for a future public trail corridor. This trail corridor is referred to as the Saratoga-to-the-Sea Trail and would connect to the existing Skyline-to-the-Sea Trail. The property would also provide 67 regional park connections through the Tollgate area to the Parker Ranch Open Space and the Fremont Older Open Space Preserve. When the City acquired the Quarry Property it was located outside the City’s Urban Service Area (USA). On February 6, 2013, the Local Agency Formation Commission (LAFCO) approved a request by the City to expand the City’s USA to include the Quarry Properties which would than permit the City to begin annexation proceedings. The City Council is scheduled to consider the annexation of the Quarry Properties at their meeting of April 3, 2013. The current General Plan Land Use Designation for the Quarry Property is Hillside Open Space (H-OS). This designation includes agricultural, wildlife refuges, and residential development. A consistent land use designation for the Quarry Property would be Open Space-Outdoor Recreation (OS-OR) since the City intends to use the Quarry Properties as a city park. The OS- OR designation is limited to only City or County parks or lands designated for those uses. A City Council Resolution to change the land use designation is included as Attachment #1A. The Quarry Property is pre-zoned Residential Open Space (R-OS) and would be designated as such upon final annexation approval. No change to the zoning of the Quarry Property is proposed as the City does not have a specific zoning district designation applicable to city parks. Agricultural Preserve/Open Space Overlay Zoning Amendment On August 15, 2012 the City Council initiated the annexation of several unincorporated islands within the City’s USA. One of these properties to be annexed is a 103 acre parcel located at 22101 Mount Eden Road that is pre-zoned Residential Open Space (R-OS). The property at 22101 Mount Eden Road is subject to a California Land Conservation Act, better known as the Williamson Act. On August 6, 1968, the property owner entered into this agreement with the County of Santa Clara to voluntarily restrict the land to agricultural and open-space uses. The vehicle for this agreement is a rolling term 10-year contract (i.e. unless either party files a “notice of nonrenewal” the contract is automatically renewed annually for an additional year). In return, the property was assessed for property tax purposes at a rate consistent with its actual use, rather than potential market value. Pursuant to Government Code Section 51243, when the property at 22101 Mount Eden Road is annexed the City shall automatically succeed to all rights, duties, and powers of the County of Santa Clara under the Williamson Act Contract. A copy of the contract is included as Attachment #2. The property owner has filed a Notice of Nonrenewal of the Williamson Act Contract with the Santa Clara County Recorder. The existing contract will terminate on January 1, 2020. The 103 acre parcel located at 22101 Mount Eden Road would be made subject to the Agricultural Preserve/Open Space Overlay zoning. The AP-OS overlay promotes agricultural uses and such zoning amendment is required for land on which Williamson Act contracts are executed. The overlay zone thereby encourages and preserves such contracts in accordance with the policies set 2 68 3 forth in the General Plan. A copy of the ordinance applying AP/OS overlay zoning to the property is included as Attachment #1B. NEIGHBOR CORRESPONDANCE Staff sent a notice to all affected property owners. The public hearing notice and description of the project was published in the Saratoga News. No public comments, either positive or negative, have been received at the time of the preparation of this Staff Report. ENVIRONMENTAL REVIEW The proposed General Plan and Zoning Amendments to the specified properties are not subject to the California Environmental Quality Act because they will impose greater land use restrictions on the properties than currently exist, will involve no physical change to the environment, assure the maintenance, restoration, enhancement, or protection of the environment, and it can be seen with certainty that there is no possibility that the general plan or zoning amendment may have a significant effect on the environment in accordance with CEQA Guidelines Sections 15308 and 15061(b)(3). ATTACHMENTS: 1. Resolution Recommending approval of a General Plan Amendment and an Agricultural Preserve/Open Space Overlay Zoning Amendment with the following attachments: A. Open Space Outdoor Recreation Land Use Map Amendment B. Agricultural Preserve/Open Space Overlay Zoning Amendment 2. Existing Williamson Act Contract for 22101 Mount Eden Road. 69 RESOLUTION NO: 13-011 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF SARATOGA AMEND THE LAND USE MAP OF THE CITY OF SARATOGA BY CHANGING THE LAND USE DESIGNATION OF THE 68-ACRE CONGRESS SPRINGS QUARRY PROPERTIES FROM HILLSIDE OPEN SPACE TO OPEN SPACE OUTDOOR RECREATION AND ADD AGRICULTURAL PRESERVE/OPEN SPACE OVERLAY ZONING TO A PROPERTY LOCATED AT 22101 MOUNT EDEN ROAD The Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: I. Project Summary On August 17, 2011, the City Council authorized the acquisition of the 68-acre unincorporated Congress Springs Quarry Parcels (APNs 503-48-044, 503-48-045 and 517-32-001001 – hereafter the “Congress Springs Quarry Parcels”) from the County of Santa Clara and on February 6, 2013, the Local Agency Formation Commission for Santa Clara County approved the City’s application for an expansion of the City’s Urban Service Area to include the Congress Springs Quarry Parcels. On August 15, 2012, the City Council initiated annexation proceedings to consider annexation of certain unincorporated islands currently located within the City’s Urban Service Area pursuant to the State’s streamlined island annexation procedures. The properties to be annexed include the Congress Springs Quarry Parcels and an approximately 106-acre parcel located at 22101 Mount Eden Road (APN 503-09-008 – the “Mount Eden Parcel”) which is subject to an existing Williamson Act Contract with the County of Santa Clara that is scheduled to terminate on January 1, 2020. Pursuant to Government Code Section 51243 when property is annexed the City shall automatically succeed to all rights, duties, and powers of the County of Santa Clara under the Williamson Act Contract. The Mount Eden Parcel is pre-zoned Residential Open Space (R-OS) and the City proposes to amend its Zoning Ordinance to add Agricultural Preserve/Open Space Overlay (AP/OS) to the Mount Eden Parcel as required pursuant to City Code Article 15-15 and General Plan Section OSC 8a for land on which Williamson Act contracts are executed. On April 3, 2013, the City Council is scheduled to adopt a resolution approving the annexation of the Congress Springs Quarry Parcels to the City of Saratoga. The Congress Springs Quarry Parcels have an existing General Plan Land Use Designation of Hillside Open Space. The City intends to utilize the Congress Springs Quarry Parcels as a City park with trail connections to the Skyline-to-the-Sea Trail as well as to provide regional park connections through the Tollgate area to the Parker Ranch Open Space and the Fremont Older Open Space Preserve. The City proposes to amend the City’s General Plan Land Use Map to redesignate the Congress Springs Quarry Parcels from Hillside Open Space to Open Space - Outdoor Recreation to be consistent with the City’s intent to utilize the Congress Springs Quarry Properties as a City park. II. Planning Commission Review State law requires recommendation from the Planning Commission on amendments to the General Plan and/or Zoning Ordinance. On March 27, 2013 the Planning Commission held a duly noticed Public Hearing on the amendments described in the Project Summary above at which time all interested parties were given a full opportunity to be heard and to present evidence and argument. The Planning Commission considered the amendments, the Staff Report, CEQA documentation, 70 correspondence, presentations from the applicant and the public, and all testimony and other evidence presented at the Public Hearing. III. Environmental Review The amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15061(b)(3) of the Public Resources Code because it can be seen certainty that there is no possibility of an impact on the environment in that the project would reduce the development potential for the parcels in question. As amendments to the City General Plan and the City Zoning Ordinance which will protect natural resources and result in a net decrease in development potential, both the Congress Springs Quarry General Plan Amendment and the Mount Eden Zoning Ordinance Amendment also qualify for an exemption under both 14 C.C.R. Sections 15307 (action by a regulatory agency to protect natural resources) and 15308 (action by a regulatory agency to protect the environment). The Congress Springs Quarry General Plan Amendment is also exempt pursuant to 14 C.C.R. Section 15325 (f) because it is part of the acquisition process by the City to preserve open space or lands for park purposes. IV: Recommendation of Approval After careful consideration of the proposed amendments, CEQA documentation, and other materials, exhibits and evidence submitted to the City in connection with this matter, the Planning Commission of the City of Saratoga does hereby recommend to the City Council to amend both the General Plan Land Use Map and the Zoning Ordinance and map of the City of Saratoga as follows: • The General Plan Land Use Map should be amended to reflect the intended use of the Congress Springs Quarry Parcels as City park lands and the land use designation of the 68- acre Congress Springs Quarry Parcels (APNs 503-48-044, 503-48-045 and 517-32-001) should be changed to Open Space - Outdoor Recreation from Hillside Open Space as described in Exhibit 1A, and • The Zoning Ordinance and map of the City of Saratoga should be amended so that the approximately 106-acre Mount Eden Parcel located at 22101 Mount Eden Road (APN 503- 09-008) shall have post-annexation AP-OS overlay zoning as depicted in Exhibit 2A. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 27th day of March 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Tina K. Walia Chair, Planning Commission 71 Attachment 1A RESOLUTION NO: 13- A RESOLUTION AMENDING THE GENERAL PLAN LAND USE MAP OF THE CITY OF SARATOGA BY CHANGING THE LAND USE DESIGNATION OF THE 68-ACRE CONGRESS SPRINGS QUARRY PROPERTIES FROM HILLSIDE OPEN SPACE TO OPEN SPACE OUTDOOR RECREATION WHEREAS, on August 17, 2011, the City Council authorized the acquisition of the 68- acre unincorporated Congress Springs Quarry Properties (APNs 503-48-044503-48-045 and 517- 32-001 – hereafter the “Congress Springs Quarry Parcels”) from the County of Santa Clara. WHEREAS, on February 6, 2013, the Local Agency Formation Commission for Santa Clara County approved the City’s application for an expansion of the City’s Urban Service Area to include the Congress Springs Quarry Parcels. WHERAS, on April 3, 2013, the City Council is scheduled to adopt a resolution approving the annexation of the Congress Springs Quarry Parcels to the City of Saratoga. WHEREAS, the Congress Springs Quarry Parcels have an existing General Plan Land Use Designation of Hillside Open Space. WHEREAS, the City intends to utilize the Congress Springs Quarry Parcels as a City park with trail connections to the Skyline-to-the-Sea Trail as well as to provide regional park connections through the Tollgate area to the Parker Ranch Open Space and the Fremont Older Open Space Preserve. WHEREAS, the City proposes to amend the City’s General Plan Land Use Map to redesignate the Congress Springs Quarry Parcels from Hillside Open Space to Open Space - Outdoor Recreation to be consistent with the City’s intent to utilize the Congress Springs Quarry Properties as a City park. NOW THEREFORE, the City Council 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 this reference. Section 2: The project is exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15061(b)(3) of the Public Resources Code because it can be seen certainty that there is no possibility of an impact on the environment in that the project would reduce the development potential for the parcels in question. As an amendment to the City General Plan which will protect natural resources and result in a net decrease in development potential, the project also qualifies for an exemption under both 14 C.C.R. Sections 15307 (action by a regulatory agency to protect natural resources) and 15308 (action by a regulatory agency to protect the environment). The project is also exempt pursuant to 14 C.C.R. 72 Attachment 1A Section 15325 (f) because it is part of the acquisition process by the City to preserve open space or lands for park purposes. Section 3: The City Council further finds that the proposed General Plan amendment is consistent with other land use policies and the policies of all other elements of the General Plan. Section 4: The City Council has determined that the General Plan Land Use Map should reflect and be consistent with the intended use of the Congress Springs Quarry Parcels as City park lands. Section 5: The City Council of the City of Saratoga hereby amends the City of Saratoga General Plan Land Use Map by changing the land use designation of the 68-acre Congress Springs Quarry Parcels (APNs 503-48-044, 503-48-045 and 517-32-001) to Open Space - Outdoor Recreation from Hillside Open Space, as depicted in Exhibit A (attached). PASSED AND ADOPTED by the City Council of the City of Saratoga on this 3rd day of April 2013 by the following vote: COUNCIL MEMBERS: AYES: NOES: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ JILL HUNTER, CRYSTAL MORROW, MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA Saratoga, California Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY 73 Exhibit A CONGRESS SPRINGS QUARRY PROPERTIES OS-OR OS-OR 74 Attachment 1B ORDINANCE __________ AN ORDINANCE APPLYING AP/OS OVERLAY ZONING TO APN 503-09-008 LOCATED AT 22101 MOUNT EDEN ROAD Whereas, Pursuant to City Code Article 15-15 and General Plan Section OSC 8a, the City of Saratoga is applying the Agricultural Preserve/Open Space Overlay (AP/OS) zoning to an approximately 106-acre parcel located at 22101 Mount Eden Road proposed for annexation to the City because such parcel is under Williamson Act Contract. This ordinance was introduced following a duly noticed public hearing on April 3, 2013. The Planning Commission recommended adoption of this ordinance following a duly noticed public hearing held March 27, 2013. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. The City Zoning Map is hereby amended to add Agricultural Preserve/Open Space (AP/OS) overlay zoning to the 106-acre parcel described on Exhibit A attached hereto (APN 503-09-008). Section 2. California Environmental Quality Act The application of the AP/OS overlay zoning to the specified property is not subject to the California Environmental Quality Act because it will impose greater land use restrictions on the property than currently exist, will involve no physical change to the environment, assure the maintenance, restoration, enhancement, or protection of the environment, and it can be seen with certainty that there is no possibility that the overlay zoning may have a significant effect on the environment in accordance with the CEQA Guidelines (14 C.C.R. Sections 15308 and 15061(b)(3)). Section 3. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly noticed public hearing the foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 3rd day of April 2013, and was adopted by the following vote following a second reading on the 24th day of April 2013. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ JILL HUNTER, CRYSTAL MORROW, MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA Saratoga, California Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY 75 Exhibit A 22101 Mount Eden Road APN 503‐09‐008 AP‐OS 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94