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HomeMy WebLinkAbout05-22-13 Planning Commission Agenda PacketTable of Contents Agenda 3 May 8, 2013 Draft Minutes 5 Application PDR10-0022/CUP10-0011/SUB12-0005/VAR13- 0003; 12250 Saratoga-Sunnyvale Rd. (386-30-036,037,038); TimeSpace InvestDev. LLC. - The applicant is requesting Design Review approval to replace 13,700 square feet of single story office and light industrial buildings with a new 25,081 square foot two-story commercial building and a Variance to exceed the height limit by approximately four feet. The applicant is also requesting a Tentative Subdivision Map to create twelve commercial condominium units within the building and a Use Permit for both institutional and medical uses. Staff Report - 12250 Saratoga-Sunnyvale Rd.7 Att. 1 - Resolution 21 Att. 2 - IS/MND for 12250 Saratoga-Sunnyvale Rd.30 Att. 3 - Project Summary 115 Att. 4 - Gateway Guidelines Conformance Table 119 Att. 5 - Gateway Guidelines 124 Att. 6 - TIA 142 Att. 7 - Memo on Traffic 218 Att. 8 - Renderings with Notes 252 Att. 9 - Communications 258 Att. 10 - Public Notice 272 Att. 11 - Public Notice Comments 278 Att. 12 - Letter regarding ISMND 280 Att. 13 - Renderings, Soft 282 Att. 14 - Plan Set, Exhibit 'A'284 Application PDR13-0012 - 14451 Fruitvale Avenue (397-17- 007); Paulson Lee - The applicant requests Design Review approval to replace an existing 2,113 square foot one-story home with a new 5,369 square foot two-story home and related site improvements. Staff Contact: Christopher Riordan (408)868-1235 Staff Report 294 Attachment 1 - Resolution 300 Attachment 2 - Arborist Report 304 Attachment 3 - Public Hearing Notice and Mailing Address List 315 Attachment 4 - Neighbor Correspondance and Notification Forms 317 Attachment 5 - Cal Greeen Checklist 324 Attachment 6 - Development Plans 332 1 Application MOD13-0005 - Modification of PDR11-0020; 19120 Monte Vista Drive (397-09-010); DiNapoli / Kohlsaat - The applicant is requesting design review approval for a new 900 square foot secondary dwelling unit, pavilion, and 42 square foot pool bath in addition to minor modifications to an approved design at 19120 Monte Vista Drive. Staff Contact: Cynthia McCormick (408) 868-1230. staff report 343 Resolution of Approval 348 Noticing 352 Neighbor Notices 355 Pervious Paver specifications 361 CalGreen 363 Exhibit A - Plans (pages A1 - A10)371 Exhibit A (pages SUP1-SUP5)381 Exhibit B 386 Application PCTUP13-0002 - 14612 Big Basin Way (517-08- 072)Suzanne Frontz/Cinnabar Winery - The applicant is requesting approval to use the public way between the curb and sidewalk in front of their establishment for outdoor seating and other sales activities. Staff Report 393 Attachment 1 - Resolution 396 Attachment 2 - Site Plan 400 Attachment 3 - Specifications 401 2 AGENDA REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, May 22, 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 May 8, 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. 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 PDR10-0022/CUP10-0011/SUB12-0005/VAR13-0003; 12250 Saratoga-Sunnyvale Rd. (386- 30-036,037,038); TimeSpace InvestDev. LLC. - The applicant is requesting Design Review approval to replace 13,700 square feet of single story office and light industrial buildings with a new 25,081 square foot two-story commercial building. A Variance is being requested to exceed the height limit by approximately four feet. Three existing parcels would be merged into one parcel and the applicant is requesting a Tentative Subdivision Map to create twelve commercial condominium units within the building. The applicant is also requested a Use Permit for both institutional and medical uses within the building. Recommended action: Adopt Resolution No. 13-019 adopting the Mitigated Negative Declaration and approving the project subject to conditions of approval. 2. Application PDR13-0012 - 14451 Fruitvale Avenue (397-17-007); Paulson Lee - The applicant requests Design Review approval to replace an existing 2,113 square foot one-story home with a new 5,369 square foot two-story home and related site improvements. Staff Contact: Christopher Riordan (408)868-1235 Recommended action: Adopt Resolution No. 13-018 approving the project subject to conditions of approval. 3 3. Application MOD13-0005 - Modification of PDR11-0020; 19120 Monte Vista Drive (397-09-010); DiNapoli / Kohlsaat - The applicant is requesting design review approval for a new 900 square foot secondary dwelling unit, pavilion, and 42 square foot pool bath in addition to minor modifications to an approved design at 19120 Monte Vista Drive. Staff Contact: Cynthia McCormick (408) 868-1230. Recommended action: Adopt Resolution Number 13-017 approving the project subject to conditions of approval. 4. Application PCTUP13-0002 - 14612 Big Basin Way (517-08-072) Suzanne Frontz/Cinnabar Winery - The applicant is requesting approval to use the public way between the curb and sidewalk in front of their establishment for outdoor seating and other sales activities. Recommended action: Adopt Resolution No. 13-020 approving the project with conditions of approval. NEW BUSINESS - Planning Commission Summer Recess 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 May 16, 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, May 08, 2013 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ABSENT Commissioners Grover and Hlava ROLL CALL APPROVAL OF MINUTES Approved action minutes from the Regular Planning Commission Meeting of April 24, 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. 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. General Plan Conformance Finding for New FY 13/14 Capital Improvement Program Projects. Action: Adopted Resolution 13-016 finding the proposed CIP projects conform to the general plan. (5:0:0) NEW BUSINESS 1. Overview of Plan Bay Area. – Staff presentation, no action taken. 2. Overview of City Code Requirements for Food Trucks. – Staff presentation, no action taken. 5 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 May 2, 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: May 22, 2013 Application: Design Review PDR10-0022 / Use Permit CUP10-0011 / Tentative Map SUB12-0005 / Variance VAR13-0003 Location / APN: 12250 Saratoga-Sunnyvale Road / 386-30-036, 037, & 038 Owner / Applicant: TimeSpace Invest Dev. LLC. Staff Planner: Michael Fossati 12250 Saratoga-Sunnyvale Rd. 7 SUMMARY ZONING GENERAL PLAN DESIGNATION Commercial-Visitor (CV) Commercial Retail (CR) PARCEL SIZE AVERAGE SLOPE 1.085 acres (net lot size) 1% GRADING REQUIRED Limited (does not include the 8,611 cubic yards of excavation for the parking garage). PROJECT DESCRIPTION: The applicant is requesting Design Review approval to replace 13,700 square feet of single story office and light industrial buildings with a new 25,081 square foot two-story commercial building. A Variance is being requested to exceed the height limit by approximately four feet. Three existing parcels would be merged into one parcel and the applicant is requesting a Tentative Subdivision Map to create twelve commercial condominium units within the building. The applicant is also requested a Use Permit for both institutional and medical uses within the building. STAFF RECOMMENDATION: Adopt Resolution No. 13-019 adopting the Mitigated Negative Declaration and approving the project subject to conditions of approval. 2 8 PROJECT DATA Net Lot Size: Proposed Allowed 1st Floor Area Professional / Medical Office: Retail Daycare: Common Area: 2nd Floor Area Professional / Medical Office: Learning Center: Common Area: Total Outdoor Play Area Basement Garage Garage 2,975 sq. ft. 2,840 sq. ft. 5,581 sq. ft. 814 sq. ft. 5,885 sq. ft. 5,510 sq. ft. 1,476 sq. ft. 25,081 sq. ft. 3,434 sq. ft. 22,307 sq. ft. Floor Area not limited in commercial districts. Proposed Building Coverage * 12,262 sq. ft. (25.9%) 60% Maximum Setbacks Front: 1st Floor 2nd Floor Left Side: Right Side: Rear: 1st Floor 2nd Floor 73.4’ 78’ 21’ 21’ 144.9’ 137.9’ 10’ 10’ 21’ 21’ 30’ 30’ Height Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: 95.82’ 99.95’ 97.89’ 122.23’ (24.34’) Maximum Building Height is 117.89’ (20 Feet), unless Variance approved * Commercial Districts only limit site coverage with structures, not with paving or impervious surfaces. 3 9 PROJECT ENTITLEMENTS This project includes applications for the following entitlements: Design Review Pursuant to City Code Section 15-46.020(a)(1), any new structure within a commercial zoning district requires design review approval from the Planning Commission. Conditional Use Permit Pursuant to City Code Section 15-19.020(b)(6) and 15-19.040(b)(3), any project that includes an institutional facility (i.e. day care, after school learning) and medical offices requires conditional use permit approval. The preschool / learning center is projected to host 16 employees and 170 students, ranging from three to 13 years of age. The preschool program anticipates 70 students while the after-school program is proposing 100 students. The preschool program would utilize a 3,434 square foot outdoor recreation area, which would be located in the center, as a courtyard, of the structure. The proposed hours of operation are from 8:00 A.M. to 6:00 P.M. Please see project summary (Attachment 3) submitted by applicant for details. Variance The height limit within the CV zoning district is 20 feet. The applicant has proposed a 24.35’ building. Tentative Map Pursuant to City Code Section 14-20.060, the Planning Commission shall conduct a public hearing on an application for tentative subdivision approval. The applicant is requesting a lot merger to merge three existing parcels into one parcel. Furthermore, the applicant is requesting to subdivide the proposed commercial building into 12 commercial condominium units. The attached resolution lists conditions of approval that must be met prior to recordation of a final map. Those conditions include, but are not limited to, allowing no more than 12 individual condominium units being created. SITE AND PROJECT CHARACTERISTICS Site Description Two of the three existing buildings (totaling approximately 13,700 sq. ft.) front Saratoga- Sunnyvale Road while the third building is located in the rear. According to the owner, two suites within the buildings onsite are occupied. Surface parking is currently located in the front and rear of the site. The property currently has no front landscaping. The property is bounded by a swim center to the north, residential uses to the east, light industrial uses to the south, and Saratoga-Sunnyvale Road to the west. Commercial businesses are also located to the west of the project site. The existing location is zoned Commercial - Visitor (C-V) and the net lot size is approximately 1.085 acres. Building Design 4 10 The building proposed has been substantially altered from the design submitted in 2010. The new design has characteristics that are typical with commercial structures in the vicinity of the site. The western façade of the building facing Saratoga-Sunnyvale Road would feature a shaded, colonnaded entryway and a gently-sloped roof. Façade materials would include red cedar board siding, stone veneer, steel posts, flat tile roofing and metal railings. The exterior colors include beige plaster walls and lightly-stained red cedar board siding, darker brown wood joists, fascia, and trim, and ‘Saratoga’ Eldorado stone veneer. The roof color would be a “sunset blend” flat tile. “Sunset blend” is a mix between medium terracotta and a brown blend. A color and material board will be available at the public hearing. Detail Colors and Materials Building Ext. Beige ‘Gentry Cream’ and Light / Dark Redwood stains – Combination plaster and horizontal cedar siding. Windows One inch insulated Low-E window glass Roofing Medium Terracotta / Brown Blend ‘Sunset Blend’ Accents / Columns Gray-Brown “Saratoga” stone veneer Building Height & Setbacks The allowable height for commercial buildings in the C-V zoning district is 20 feet. The height of the proposed building is approximately 24 feet as measured from the average grade to the topmost roof ridge. The height does not include the three to five foot tall HVAC screening being proposed on top of the roof. The side setbacks are based on the proposed height in the C-V zoning district. A side setback of 10 feet is required for a building height of 14 feet. An additional foot of setback is required for each additional foot of height over 14 feet. Therefore, a 25 foot tall building would require a 21 foot side setback. The applicant has reconfigured the project to meet the requirements for side setbacks, per direction from the December 17, 2012 Study Session. A variance is requested for the increased height. Staff believes the findings for the variance can be made due to the size and configuration of the lot, its proposed scale with other buildings in the vicinity, and heights allowed for other structures in the vicinity. Findings for the proposed variance can be found below. Saratoga Gateway Design Guidelines The proposed design has characteristics that are consistent with the objectives and principles of the Saratoga-Sunnyvale Road Gateway Design Guidelines (Gateway Guidelines). The 5 11 Guidelines do not contain story or height limits however, Guiding Principle No. 1 encourages a mix of uses including two-story buildings and the Guidelines discuss addressing privacy impacts from second-story windows. Landscaping Approximately 47 trees would be planted within the site as part of the project, mainly around the perimeter of the site and adjacent to the proposed structure. Trees would include Arbutus marina, Podocarpus macrophyllus (yew pine), Sequoia sempervirens (coast redwood), and Pistachia chinensis (Chinese pistache). In addition, several species of shrubs, grasses, perennials, and groundcovers would be planted throughout the site, including Hemerocallis vars. (daylily), Pittosporum T. ‘Variegata’ (Variegated Tobira), and Nandina Domestica ‘Fire Power’ (Heavenly Bamboo). After implementation of the proposed Commercial Project, approximately 7,588 square feet (approximately 16.1 percent of the site) would be covered with landscaping. The applicant has agreed to replace the proposed Arbutus Marina (Marina Strawberry Tree) located along the street with Pistachia chinensis (Chinese pistache) in order to provide greater consistency with the Saratoga-Sunnyvale streetscape. Sequoia sempervirens (coast redwood) are proposed in the rear in order to address impacts on residential neighboring properties. Traffic Operations Traffic operations (such as site access and circulation) were evaluated by MPH Traffic Consulting and peer reviewed by the City Traffic Engineer. Access to the site would be provided via one driveway on Saratoga-Sunnyvale Road. The driveway, located on the southern border of the property, is to be shared with the adjacent property located at 12260 Saratoga-Sunnyvale Road and owned by the West Valley Muslim Association (WVMA). The evaluation of traffic operations (which included projected traffic from WVMA in the analysis) at the site access on Saratoga-Sunnyvale Road showed that the inbound vehicle queues could be accommodated by the existing available storage in the median. The Traffic Impact Report (TIA) can be found in Attachment 6. In order to continue to beautify the Saratoga-Sunnyvale corridor and to facilitate smoother traffic operations, the applicant has agreed to pay a fair share contribution towards the completion of the landscape median along Saratoga-Sunnyvale Road in front of the project property and the WVMA property. The traffic operations evaluation determined that restricting left turns out of the shared driveway with the completion of the median would not cause deterioration in traffic conditions at the adjacent intersections on Saratoga-Sunnyvale Road at Kirkmont Drive and at Seagull Way. A portion of the costs to construct to the landscape median would be paid by the applicant, along with the property owner of 12260 Saratoga-Sunnyvale Road, and the City. Parking On-site parking requirements were also evaluated by MPH Traffic Consulting and reviewed by City staff and the City Traffic Engineer. For each project use there is a parking 6 12 requirement, as defined by the City Code. The parking requirement needs to be met in order to provide a sufficient number of parking spaces to serve that use. Parking is required on-site for all uses on the site: office, retail, and learning center. Parking ratios per City Code are shown below: • Professional / Medical Office - One space for each two hundred square feet of floor area. • Retail - One space for each two hundred square feet of floor area. • Learning Center - One space for each employee, including teachers and administrators, plus such additional spaces as determined by the Planning Commission to be adequate for student and visitor parking. The office and retail component of the proposed project (based per sq. ft.) requires 64 parking spaces. In order to verify appropriate parking for the learning center, a parking survey of similar uses was performed. The survey (which used data from three local facilities, which includes one pre-school and two after learning centers) concluded that the number of parking spaces required for the learning center were 32 parking spaces. The City’s traffic engineer reviewed and agreed with the report. The parking analysis report can be found as Attachment 7. Geologist Review Due to the proposed underground parking construction, the City requested the applicant apply for Geotechnical Clearance. The project obtained geotechnical clearance with conditions. Those conditions have been included within the resolution. ADDITIONAL INFORMATION Energy Efficiency Per City Code Section 16-47, all new commercial buildings are required to incorporate energy efficient or “green” measures into their design. The energy efficient features included in this project include a Stormwater Pollution Prevention plan, appropriate bicycle parking, and documentation demonstrating the building design will be fifteen percent more energy efficient than required by Part 6 of Title 24 of the California Code of Regulations using a State of California adopted performance method, as approved by the State Energy Commission. Study Sessions In order to solicit community and Planning Commission feedback, the City hosted two study sessions. The first study session was in January 2011 for a project that included approximately 27,000 sq. ft. of floor area, a 27,610 sq. ft. basement parking area, and a proposed use of restaurant, professional and medical office, and pre-school / learning center that would host between 250 – 300 students. The proposed design included a modern architectural theme that proposed construction of phenolic (i.e. hard plastic resin) paneling and curtain wall system construction. The proposed colors were “Cobalt Blue”, “Gold 7 13 Yellow”, and “Winter Gray”. The proposed play area was located in the rear, with a 113 foot rear setback. The initial proposal also included limited rear landscaping, which included an eight foot landscape buffer between the commercial use and the residential uses in the rear. Lastly, the proposal had six windows facing east, toward the adjacent residences. At the second study session (December 2012), additional areas of concerns were addressed. The additional concerns included the variance for side setback and height, combination of too many uses on one-site, and perceived mass and bulk. After several revisions, the applicant has proposed a project that includes approximately 25,081 sq. ft. of floor area, a 22,307 sq. ft. basement parking area, and a proposed use of retail, professional and medical office and pre-school / learning center that would host approximately 170 students. The proposed design follows a more traditional theme similar to other commercial buildings in the area, as well as incorporates traditional materials ( horizontal cedar wood paneling and stone veneer) and colors (beiges, light and dark wood stains, browns) more similar to Saratoga. The proposed play area has now relocated in the center of the building, the rear setback has been increased to approximately 138 feet, and a 25 foot rear landscape buffer has been proposed. The proposed project has no windows facing adjacent residences to the east. The project is now asking for a variance for height, as the proposed project was redesigned to meet the side setback requirements of City Code. In order to alleviate mass and bulk, the project is replacing the barrel tile with a flat tile roofing and removing the stone veneer located along the center of the west and south elevation (as shown on sheet 6 of the plan set). The applicant has proposed a simpler and more articulated design, calling out each architectural feature, as shown on the rendering incorporated in the staff report (see Attachment 8) to assist the Planning Commission in review. The number of uses on the site have not been changed, as the applicant believes the proposed uses are needed for marketability. The applicant has informed staff that they feel the number of uses can be accommodated onsite, as appropriate parking (per the parking analysis) has been proposed. Neighbor Correspondence The property owners located at 12270 and 12258 Kirkdale Drive (located partially behind the proposed project) have expressed concerns throughout the life of the project. Those concerns have been included as Attachment 9. It should be noted that the last comment letter (dated January 15, 2013) represents the viewpoints of 18 property owners (owning 10 properties), according to the author. Staff sent a “Notice of Public Hearing” to all property owners within 500 feet of the subject property (Attachment 10). The public hearing notice and description of the project was published in the Saratoga News. Staff has two letters in opposition of the project (Attachment 11). TENTATIVE MAP FINDINGS The findings required for issuance of a Tentative Map Approval pursuant to City Code Section 14-20.070 are set forth below. The Planning Commission shall not approve any 8 14 tentative map or building site if the applicant is unable to meet any of the following specific conditions: (1) That the proposed map or building site is not consistent with the General Plan and any applicable specific plan. The proposed map and building site are consistent with the General Plan and Saratoga-Sunnyvale Road Gateway Guidelines, as the project is proposing to provide the opportunity for retail stores, offices and service establishments to concentrate for the convenience of the public and in mutually beneficial relationship to each other while promoting a stable, attractive commercial development. (2) That the design or improvement of the proposed subdivision or building site is not consistent with the General Plan and any applicable specific plan. The proposed subdivision and has been designed to meet the requirements of Chapter 14 of the City Code, which reflects the policies of the General Plan and Saratoga. The project is proposed to be subdivided completely within the building, as air parcels. (3) That the site is not physically suitable for the type of development proposed. The proposed site is physically suitable for commercial development because the lot is located within a commercial district and completely within an allowable building footprint. (4) That the site is not physically suitable for the proposed density of development. Density of development for subdivisions is used typically for residential development. The tentative map is creating up to 12 commercial condominiums within a proposed building. The lot merger will create a lot that is approximately 49,894 sq. ft. which exceeds the minimum required area of 10,000 sq. ft. The proposed tentative parcel map is consistent with the surrounding uses and densities in the immediate area. Uses in the immediate area are characterized by similarly sized parcels and uses that include office, learning centers, and retail. (5) That the design of the subdivision or building site or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The City prepared an Initial Study / Mitigated Negative Declaration for the proposed project and, as determined, the project would not cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. (6) That the design of the subdivision or building site or type of improvements is likely to cause serious public health or safety problems. The design of the subdivision meets all local requirements and standards and will not cause public health or safety problems. (7) That the design of the subdivision or building site or type or improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision or building site. In this connection, the advisory agency may grant tentative approval if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements 9 15 established by judgment of a court of competent jurisdiction and no authority is hereby granted to the advisory agency to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision or building site. The design of the subdivision does not conflict with existing easements, but rather, will result in the continuation and beautification of a new pedestrian path along Saratoga-Sunnyvale Road. (8) That a proposed subdivision of land which is subject to a contract executed pursuant to the California Land Conservation Act of 1965 (The "Williamson Act") will result in the creation of parcels of insufficient size to sustain their agricultural use, except as otherwise provided in Government Code Section 66474.4. The property within the proposed project is not in contract pursuant to the California Land Conservation Act of 1965, also known as the “Williamson Act”. (9) That the discharge of waste from the proposed subdivision or building site into an existing community sewer system would result in violation of existing requirements prescribed by a State regional water quality control board pursuant to Division 7 (commencing with Section 13000) of the State Water Code. The project includes a Stormwater Pollution Prevention Plan (SWPPP) that will be followed to ensure the discharge within the existing community sewer system will not be violated. The plan includes appropriate measures required to properly dispose of waste that would not violate the existing requirements prescribed by the State regional water quality control board. DESIGN REVIEW FINDINGS The findings required for issuance of a Design Review Approval pursuant to City Code Section 15-46.040 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (a) Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color and appurtenances. The project is proposing only one structure, yet the architectural features incorporated into the design include a sloped flat tile roofing, wood framed posts on masonry piers, and storefronts with attractive display window types. The project includes earth tone colors and materials, varying roof types, and extensive landscaping, within a similar building footprint and height of nearby commercial buildings. These factors assist the project in creating a harmonious affect along the Saratoga-Sunnyvale Road corridor. This finding can be made in the affirmative. (b) Where more than one sign will be erected or displayed on the site, the signs shall have a common or compatible design and locational positions and shall be harmonious in appearance. The proposal does not include any signage. Future signage will be required to meet the City sign code requirements and the Saratoga- Sunnyvale Gateway Design Guidelines. This finding can be made in the affirmative. 10 16 (c) Landscaping shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. This finding can be met because the proposed landscaping includes several species of shrubs, grasses, perennials, and groundcovers that would be planted throughout the site, including Hemerocallis vars. (daylily), Pittosporum T. ‘Variegata’ (Variegated Tobira), and Nandina Domestica ‘Fire Power’ (Heavenly Bamboo) and trees such as Pistachia chinensis (Chinese pistache). All of these proposed shrubs and trees are drought tolerant. Sequoia sempervirens (coast redwood) are not drought tolerant and are being proposed in the rear, but this is due to assist in addressing the residential neighbor concerns regarding noise and privacy impacts. This finding can be made in the affirmative. (d) Colors of wall and roofing materials shall blend with the natural landscape and be nonreflective. The colors and materials would blend with the natural landscape because the proposed color tones are different shades of browns, beiges and grays, within the color spectrum similar to the proposed extensive landscaping and properties along Saratoga-Sunnyvale Road. This finding can be made in the affirmative. (e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. The proposed project would incorporate a flat concrete shake tile as the roofing material. The proposed roof color is non-reflective and in a color tone blend of medium terracotta and brown. The applicant proposes mechanical equipment with adequate screening on top of the roof. This finding can be made in the affirmative. (f) The proposed development shall be compatible in terms of height, bulk and design with other structures in the immediate area. The proposed project would be compatible with other developments along Saratoga-Sunnyvale Road because the nearby area is comprised of two-story commercial and residential structures with similar heights. This finding can be made in the affirmative. CONDITIONAL USE PERMIT FINDINGS The findings required for issuance of a Conditional Use Permit Approval pursuant to City Code Section 15-55.070 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (a) That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. This finding can be met because the proposed use of medical office and institutional facility are both services that are currently in operation within the Commercial- Visitor (CV) zoning districts. Both uses have been thoroughly assessed in order to 11 17 determine adequate off-street parking and loading areas are available. This finding can be made in the affirmative. (b) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. This finding can be met because the project has been reviewed and conditioned by the required departments. The proposed development would not be detrimental to public safety, as it will comply with all applicable local and state regulations. This finding can be made in the affirmative. (c) That the proposed conditional use will comply with each of the applicable provisions of this Chapter. This finding can be made because appropriate conditions have been placed on the proposed conditional use permit to ensure compliance to City Code requirements. Any intensification of the proposed conditional use would require an amended Conditional Use Permit application. This finding can be made in the affirmative. (d) That the proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. This finding can be made because the project has been analyzed for adverse effects via the environmental review and it has been determined that the project can provide sufficient off-street parking and will not result in any significant traffic impacts. Furthermore, the project will be required to comply with the City’s noise ordinance and the outdoor play area has been configured to reduce impacts of noise to adjacent residential properties. This finding can be made in the affirmative. VARIANCE FINDINGS The findings required for issuance of a Variance Approval pursuant to City Code Section 15- 70.060 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (a) That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. This finding can be met because the site is very long and narrow, which forces any new structure to be situated towards a small street site, which is inconsistent with typical commercial developments that have the privilege to build wider buildings, which allow greater visibility to the public right-of-way. Even with the narrow building footprint, the applicant has modeled its building, in regards to setbacks, widths, lengths and heights with buildings on similar size lots within the commercial zoning district. Structures 12 18 on those properties (i.e. 12280, 12333, and 12341 Saratoga-Sunnyvale Rd.) have heights that range between 24 and 26 feet. Furthermore, there are two-story residences (i.e, 20423 Sea Gull Way, 18006 and 18010 Harvest Lane) that have heights similar to the proposed project. This finding can be made in the affirmative. (b) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. This finding can be met because other commercial properties within similar lot dimensions have been approved with similar heights. These commercial properties include 12280, 12333, and 12341 Saratoga-Sunnyvale Road. Therefore, by granting the proposed variance, the action will not constitute the granting of a special privilege inconsistent with neighboring properties. This finding can be made in the affirmative. (c) That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. This finding can be made because the applicant took special care in reducing the visibly of the project from neighboring residential properties, which include exceeding setback requirements. The project will not result in any significant impacts as determined by the Mitigated Negative Declaration. This finding can be made in the affirmative. (d) If the variance is for any regulation pertaining to signs, the Planning Commission shall also find that the granting of the variance will not introduce a visual element which is inconsistent with the appearance of the immediately surrounding area. This finding is not applicable to the project, therefore no finding is required. (e) If the variance is for any regulation pertaining to off-street parking or loading facilities, the Planning Commission shall make the following additional findings: (1) That strict enforcement of the specified regulation is not required by either present or anticipated future traffic volume or traffic circulation on the site.(2) That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets. This finding is not applicable to the project, therefore no finding is required. ENVIRONMENTAL DETERMINATION: The Community Development Department completed an Initial Study and Negative Declaration for the project pursuant to the requirements of the California Environmental Quality Act (CEQA, Public Resources Code sections 21000- 21177), CEQA Guidelines (14 California Code of Regulations sections 15000-15387), and any other applicable requirements. The intent to adopt the Mitigated Negative Declaration (MND) were duly noticed and circulated for a 20-day public review period from April 26, 2013 – May 15, 2013. All Interested Parties desiring to comment on the MND were given the opportunity to submit written and oral comments on the adequacy of the MND up to and including the close of the Public Hearing on Project before the Planning Commission on May 22, 2013. 13 19 14 Staff did receive one comment letter on May 15th. The letter is from Mr. Mallory and was included as Attachment 12. The letter did not question the adequacy of the environmental document or mitigation measures, but rather questioned portions of the analysis. A supplemental attachment responding to the comments will be brought to the Commission prior to the public hearing. STAFF RECOMMENDATION Adopt Resolution No. 13-019 approving the project subject to conditions of approval. ATTACHMENTS: 1. Resolution of Approval – 12250 Saratoga-Sunnyvale Road 2. IS/MND for PDR/CUP/SUB/VAR – 12250 Saratoga-Sunnyvale Road 3. Project Summary – 12250 Saratoga-Sunnyvale Road 4. Gateway Guidelines Consistency Table 5. Saratoga-Sunnyvale Gateway Guidelines 6. TIA for 12250 Saratoga-Sunnyvale Road, dated 03/27/13, by MPH Traffic 7. Traffic and Parking Analysis Memo, dated 03/28/13 by MPH Traffic 8. Renderings with notes 9. Communications with Jack Mallory 10. Public Comments 11. Public hearing notice, mailing addresses, and map for project notification 12. Comment Letter regarding IS/MND. 13. Additional Rendering 14. Reduced Plans, Exhibit "A.” 20 RESOLUTION NO. 13-019 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION ADOPTING THE MITIGATED NEGATIVE DECLARATION (ENV11-0002A), DESIGN REVIEW (PDR10-0022), CONDITIONAL USE PERMIT (CUP10-0011), TENTATIVE MAP (SUB12-0005) & VARIANCE (VAR13-0003) LOCATED AT 12250 SARATOGA-SUNNYVALE ROAD (386-30-036,037,038) WHEREAS, an application was submitted by TimeSpace Invest Development, which requests Design Review approval to replace 13,700 square feet of single story office and light industrial buildings with a new 25,081 square foot two-story commercial building. The project includes a Variance to exceed the height limit by approximately four feet. Three existing parcels would be merged into one parcel and the applicant is requesting a Tentative Subdivision Map to create twelve commercial condominium units within the building. The project also includes a Use Permit for both institutional and medical uses within the building. The foregoing work is described as the “Project” in this Resolution; and WHEREAS, the Community Development Department completed an Initial Study and Mitigated Negative Declaration pursuant to the requirements of the California Environmental Quality Act (CEQA), and recommends that the Planning Commission adopt the Mitigated Negative Declaration for the project. WHEREAS, on May 22, 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 Community Development Department completed an Initial Study and Negative Declaration for the project pursuant to the requirements of the California Environmental Quality Act (CEQA, Public Resources Code sections 21000-21177), CEQA Guidelines (14 California Code of Regulations sections 15000-15387), and any other applicable requirements. The intent to adopt the Mitigated Negative Declaration (MND) were duly noticed and circulated for a 20-day public review period from April 26, 2013 – May 15, 2013. All Interested Parties desiring to comment on the MND were given the opportunity to submit written and oral comments on the adequacy of the MND up to and including the close of the Public Hearing on Project before the Planning Commission on May 22, 2013. Section 3: The project is consistent with the Saratoga General Plan Goals LU 2 in that the City shall encourage the economic viability of Saratoga’s existing commercial and office areas and their accessibility by residents, taking into account the impact on surrounding residential areas. 21 Resolution No. 13-019 Section 4: The project is consistent with the Saratoga City Code regarding Design Review findings in that the project will incorporate architectural features and landscaping that are harmonious to the existing commercial neighborhood, in that the landscaping shall integrate water- conserving plants, materials and irrigation systems to the maximum extent feasible, in that the project will incorporate colors of wall and roofing materials to blend with the natural landscape and be non-reflective, and that the proposed development shall be compatible in terms of height, bulk and design with other structures in the immediate area. Section 5: The project is consistent with the Saratoga City Code regarding Conditional Use Permit findings in that the project location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located, the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, the proposed conditional use will comply with each of the applicable provisions of Chapter 15 of the Saratoga City Code, and that the proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. Section 6: The project is consistent with the Saratoga City Code regarding Variance findings because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district, that granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district, and in that the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Section 7: The City of Saratoga Planning Commission hereby adopts the Mitigated Negative Declaration ENV11-0002A and approves application PDR10-0022, CUP10-0011, SUB12-0005, and VAR13-0003 for the project located at 12250 Saratoga-Sunnyvale Road, subject to the Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 22nd day of May 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 22 Resolution No. 13-019 Exhibit 1 CONDITIONS OF APPROVAL ENV11-0002A, PDR10-0022, CUP10-0011 & SUB12-0005 12250 SARATOGA-SUNNYVALE RD. (386-30-036,037,038) CONDITIONS OF APPROVAL 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, 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. 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. 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). 4. 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. 5. 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. 23 Resolution No. 13-019 COMMUNITY DEVELOPMENT 6. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated March 25, 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 No. 4, above. 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 and referenced in Condition No. 6 above; b. A note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the root zone of any Ordinance-protected tree on the site; c. Geotechnical Clearance Conditions dated December 09, 2010 onto separate plan pages; d. This signed and dated Resolution printed onto separate construction plan pages; e. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 8. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public right-of-way. 9. Maintenance of Construction Project Sites. Because this Design Review Approval authorizes a project which requires a Building Permit, compliance with City Code Section 16- 75.050 governing maintenance of construction project sites is required. 10. Hours of Operation. The preschool / learning center shall be allowed to operate no earlier than 6:30 A.M. and no later than 8:00 P.M. 11. Intensification of Medical Use / Preschool / Learning Center. Any expansion of the conditional uses shall require approval of an amended Conditional Use Permit. 12. Number of Students. The preschool / learning center shall be allowed to enroll no more than 170 students. 13. Landscape Median. Prior to the City granting any occupancy of any building approved by this permit, the applicant shall enter into an agreement with the City, in a form acceptable to the City Attorney, for the payment of a fair-share contribution towards the completion of a 300 foot long landscape median along the centerline of Saratoga-Sunnyvale Road in front of the properties located at 12250 and 12260 Saratoga-Sunnyvale Road. The estimated cost of the landscape 24 Resolution No. 13-019 median is $150,000 and the applicant’s fair-share contribution shall not exceed one third (1/3) of the cost or $50,000 whichever is less. 14. Noise Levels. All noise levels will comply with Saratoga Municipal Code (SMC) Section 7- 30.040 regarding noise standards and SMC Section 7-30.060 regarding exceptions to special activities. 15. Medical Office / Preschool / Learning Center. The uses shall at all times operate in compliance with all regulations of the City and/or other agencies having jurisdictional authority over the use pertaining to, but not limited to, health, sanitation, safety, and water quality issues. 16. Business Licenses. The applicant shall apply for and obtain approval of a Business License from the City of Saratoga prior to issuance of building permit(s) for tenant improvement(s). GEOLOGIST 17. Compliance with Geotechnical Clearance Conditions Memorandum. All requirements in the Geotechnical Clearance memorandum dated December 9, 2010, 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. PUBLIC WORKS 18. Record of LLA. Prior to Building Permit issuance, any and all required documentation for the Lot Merger for 12250 Saratoga-Sunnyvale Road must be recorded with the Santa Clara County Recorder’s office. 19. Property Survey. Prior to submittal of the Final Map to the Public Works Department for examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property corner locations, either found or set. The submitted map shall also show monuments set at each new corner location, angle point, or as directed by the Public Works Department, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. 20. Submittal Requirements. 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 Public Works Department 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: a. One copy of map checking calculations. b. Preliminary Title Report for the property dated within ninety (90) days of the date of submittal for the Final Map. c. One copy of each map referenced on the Final Map. 25 Resolution No. 13-019 d. One copy of each document/deed referenced on the Final Map. e. One copy of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the Public Works Department. 21. Map Checking Fees. The owner (applicant) shall pay a Map Checking fee, as determined by the Public Works Director, at the time of submittal of the Final Map for examination. 22. Monuments. 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 setting of interior monuments to a specified later date, then sufficient security as determined by the Public Works Director shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. 23. Encroachment Permit Requirement. 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. 24. Dedication. 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. 25. Utilities. Prior to Final Map approval, the owner (applicant) shall furnish the Public Works Department 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. 26. Permits. 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 the Public Works Department. 27. Park and Recreation Fee. If a building permit is requested for construction of a residential structure or structures in one more move of the condominium spaces of the common area within forur years from the date of the recording the Final Map, the Park and Recreation fee shall be paid by the owner of each such condominium space and/or common area (as applicable) as a condition to the issuance of the building permit. Additional on-site and off-site improvements may be required at that time. 28. Best Management Practices. 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. 29. Stormwater Treatment. The owner/applicant shall comply with requirements of Provision C.3 of National Pollutant Discharge Elimination System Permit. The applicant shall use and 26 Resolution No. 13-019 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. 30. Owner’s Association. Prior to Final Map approval, the owner/applicant shall be required to create and establish an owner’s association or other entity which will be in charge of operation and maintenance of the project in perpetuity. Furthermore, the owner/applicant will be required to submit proof, acceptable to the City of Saratoga, that such entity has been established. ENVIRONMENTAL 31. Air Quality Mitigation. The project sponsor shall implement the following measures at the project sites: • All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered. • All visible mud or dirt tracked-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping shall be prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. • All roadways to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations (CCR)). Clear signage shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with the manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 32. Cultural Resources. If deposits of prehistoric or historic archaeological materials are encountered during project construction activities, all work within 25 feet of the discovery shall be stopped and a qualified archaeologist shall be contacted to assess the finds and make recommendations. If such deposits cannot be avoided, they shall be evaluated for California Register of Historical Resources eligibility. If the deposits are not eligible, avoidance is not necessary. If the deposits are eligible, they shall be avoided by project construction activities, or such effects shall be mitigated to a less-than-significant level. Upon completion of the archaeological assessment, the archaeologist shall prepare a report documenting methods and results of the assessment, and shall provide recommendations for the treatment of archaeological materials discovered. The report shall be submitted to the City of Saratoga and the Northwest Information Center at Sonoma State University. 33. Paleontological Resources. If paleontological resources are discovered during project construction activities, all work within 25 feet of the discovery shall be redirected until a paleontological monitor has assessed the situation and made recommendations regarding their treatment. It is recommended that adverse effects to paleontological resources be avoided by 27 Resolution No. 13-019 project activities. If avoidance is not feasible, the paleontological resources shall be evaluated for their significance. If the resources are not significant, avoidance is not necessary. If the resources are significant, they shall be avoided, or such effects shall be mitigated. Mitigation shall consist of data recovery, report preparation, fossil curation, and public outreach. The report documenting the methods and results of monitoring shall be submitted both to the City of Saratoga and to the paleontological repository to which the fossils would be offered for curation, such as the University Of California Museum Of Paleontology, upon project completion. 34. Human Remains. If human remains are encountered, work within 25 feet of the discovery shall be redirected and the County Coroner notified immediately. At the same time, an archaeologist shall be contacted to assess the situation. Project personnel shall not collect or move any human remains or associated materials. If the human remains are of Native American origin, the Coroner shall notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify a Most Likely Descendant to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. Upon completion of the assessment, the archaeologist shall prepare a report documenting the methods and results of the assessment, and provide recommendations for the treatment of the human remains and any associated cultural materials, as appropriate and in coordination with the recommendations of the Most Likely Descendent. The report shall be submitted to the City of Saratoga and the Northwest Information Center. 35. Lead Based Paint. Prior to demolition of structures on the site, a comprehensive United States Environmental Protection Agency/United States Department of Housing and Urban Development (EPA/HUD)-Level Lead Based Paint Survey shall be conducted. If any lead- based paint is identified, it shall be removed from the site in accordance with all applicable regulations, including Occupational Safety and Health Administration (OSHA) guidelines. 36. Asbestos Mitigation. Prior to demolition of structures on the site, a complete Asbestos Hazard Emergency Response Act-Level Pre-Demolition Asbestos Survey shall be conducted. If asbestos is identified, a licensed asbestos abatement contractor shall be retained to abate identi- fied asbestos-containing material in accordance with all applicable regulations. 37. Stormwater Mitigation. The project sponsor shall incorporate the following measures: • The project sponsor shall prepare a Storm Water Pollution Prevention Plan (SWPPP) designed to reduce potential impacts to surface water quality through the construction of the proposed project. It is not required that the SWPPP be submitted to the Regional Water Quality Control Board (Water Board), but it must be maintained on-site and made available to Water Board or City staff upon request. The SWPPP shall include specific and detailed Best Management Practices (BMPs) designed to mitigate construction-related pollutants. At a minimum, BMPs shall include practices to minimize the contact of construction materials, equipment, and maintenance supplies (e.g., fuels, lubricants, paints, solvents, and adhesives) with storm water. Ingress and egress from construction sites shall be carefully controlled to minimize off-site tracking of sediment. Vehicle and equipment wash-down facilities shall be designed to be accessible and functional during both dry and wet conditions. The SWPPP shall specify 28 Resolution No. 13-019 a monitoring program to be implemented by the construction site supervisor, and shall include both dry and wet weather inspections. • The project sponsor shall incorporate BMPs into the design of the project to reduce potential impacts to surface water quality. These features shall be included in the drainage plan and final development drawings for the proposed project. Specifically, the final design shall include measures designed to mitigate potential water quality degradation of runoff from all portions of the completed developments and minimize adverse impacts to downstream water quality. 38. Noise Mitigation. The project sponsor shall be responsible for the implement the following measures: • In accordance with Article 7-30-060(a) of the Saratoga Noise Ordinance, construction activities (including earthmoving and grading) within the project site shall be conducted only between the hours of 7:30 a.m. and 6:00 p.m. Monday through Friday. Construction shall not occur on Saturdays, Sundays, or weekday holidays; • A notice of these construction hour restrictions shall be conspicuously posted at the entrance to the work site prior to commencement of the work, informing all contractors and subcontractors, their employees, agents, material men and all other persons at the project site of the basic limitations upon noise and construction activities provided in the City Code; • During construction, all construction equipment powered by internal combustion engines shall be properly muffled and maintained; • Unnecessary idling of internal combustion engines shall be prohibited; • All stationary noise-generating equipment, such as air compressors, shall be located as far as practical from residences in the vicinity of the project site. Such equipment shall be acoustically shielded using standard plywood barriers, noise control blankets, or other appropriate equipment; and • Whenever feasible, quiet construction equipment, particularly air compressors, shall be utilized. 29 Commercial Learning Center Environmental Initial Study and Mitigated Negative Declaration For: Design Review, Conditional Use Permit, Variance & Subdivision Owner: Timespace Invest, LLC. 12250 Saratoga-Sunnyvale Rd. Saratoga, CA 95070 Public Review Period: April 26, 2013 to May 15, 2013 30 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 2 TABLE OF CONTENTS A. SUMMARY INFORMATION..................................................................................................... 5 B. PROJECT DESCRIPTION .......................................................................................................... 8 C. ENVIRONMENTAL ANALYSIS ............................................................................................. 18 CHECKLIST ........................................................................................................................................ 19 I. AESTHETICS ............................................................................................................ 19 II.AGRICULTURAL AND FORESTRY RESOURCES .............................................. 25 III.AIR QUALITY .......................................................................................................... 27 IV.BIOLOGICAL RESOURCES ................................................................................... 33 V. CULTURAL RESOURCES ....................................................................................... 36 VI.GEOLOGY AND SOILS ........................................................................................... 38 VII.GREENHOUSE GAS EMISSIONS .......................................................................... 42 VIII.HAZARDS AND HAZARDOUS MATERIALS ...................................................... 45 IX.HYDROLOGY AND WATER QUALITY ............................................................... 49 X. LAND USE AND PLANNING ................................................................................. 54 XI.MINERAL RESOURCES .......................................................................................... 56 XII.NOISE ........................................................................................................................ 56 XIII.POPULATION AND HOUSING .............................................................................. 65 XIV.PUBLIC SERVICES. ................................................................................................. 66 XV.RECREATION ........................................................................................................... 69 XVI.TRANSPORTATION/TRAFFIC ............................................................................... 70 XVII.UTILITIES AND SERVICE SYSTEMS ................................................................... 78 XVIII.MANDATORY FINDINGS OF SIGNIFICANCE .................................................... 82 D. REPORT PREPARERS ............................................................................................................. 83 E. REFERENCES ........................................................................................................................... 83 31 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 3 FIGURES Figure 1: Project Location ................................................................................................................. 6  Figure 2: Site Plan ............................................................................................................................. 9  Figure 3: Building Sections ............................................................................................................. 10  Figure 4: Floor Plans ....................................................................................................................... 11  Figure 5: Building Elevations ......................................................................................................... 12  Figure 6: Landscape Plan ................................................................................................................ 13  Figure 7: Photometric Study ........................................................................................................... 14  Figure 8: Approximate Noise Measurement Locations .................................................................. 61  TABLES Table 1: Project Consistency with Applicable Saratoga-Sunnyvale Road Design Guidelines ........................................................................................................................ 21  Table 2:  Project Construction Emissions ....................................................................................... 30  Table 3: Regional Emissions in Pounds Per Day .......................................................................... 31  Table 4:  Project Greenhouse Gas Emissions ................................................................................. 43  Table 5: Ambient Noise Standards ................................................................................................ 58  Table 6:  Short-Term Ambient Noise Measurement Results, dBA, June 9, 2011 .......................... 59  Table 7: Project Trip Generation Estimates ................................................................................... 74  Table 8:  Intersections Levels of Service Under Background Plus Project Conditions .................. 76  32 33 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 5 A. SUMMARY INFORMATION 1. Project Title: Commercial Learning Center Project 2. Lead Agency Name and Address: City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 3. Contact Person and Phone Number: Michael Fossati, Planner (408) 868-1212 4. Project Location: The proposed project would be located in the commercial district and south of the Saratoga Center Shopping Center in the City of Saratoga. The project would be located at 12250 Saratoga-Sunnyvale Road on an approximately 1.01-acre site consisting of Assessor’s Parcel Numbers 386-30-036, 386- 30-037, and 386-30-038. Refer to Figure 1. 5. Project Sponsor's Name and Address: Commercial Project (12250 Saratoga-Sunnyvale Road) Sponsor TimeSpace InvestDev LLC 12250 Saratoga-Sunnyvale Road Saratoga, CA 95070 6. General Plan Designation: Commercial Retail (CR) 7. Zoning: Commercial – Visitor (CV) 8. Description of Project: The Commercial Learning Center, which would be constructed at 12250 Saratoga-Sunnyvale Road, would involve the development of 25,081 square foot structure containing preschool, after-school learning center, office, and retail uses. The development would also include a 22,307 square foot below-grade, basement parking garage. The preschool / learning center is projected to host 16 employees and 170 students, ranging from three to 13 years of age. The preschool program anticipates 70 students while the after-school program is proposing 100 students. The preschool program would utilize a 3,434 square foot outdoor recreation area, which would be located in the center, as a courtyard, of the structure. The proposed hours of operation would be from 8:00 A.M. to 7:00 P.M. on weekdays. 34 Sea Gull WayKirkmontDrSaratoga-Sunnyvale RdKnollwood DrUnion Pacific RailroadKirkdaleDrSea Gull WayKnollwood DrKirkmontDrSaratoga-Sunnyvale RdUnion Pacific RailroadKirkdaleDrCommercial Learning Center(12250 Saratoga-Sunnyvale Rd)(12260 Saratoga-Sunnyvale Rd)feet2000100Project SiteFIGURE 1SOURCE: GOOGLE EARTH, 2011Saratoga Commercial Learning Center IS/MNDProject Location35 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 7 This page intentionally left blank. 36 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 8 Refer to Section B, Project Description, for more detail. 9. Surrounding Land Uses and Setting: The proposed project would be located in the commercial district south of the Park Saratoga Shopping Center in the northwest portion of the City of Saratoga. The project site currently contain structures designed for commercial and industrial uses and is bordered by a recreational swim facility (known as Saratoga Star Aquatics) to the north; single-family residential uses to the east; small commercial and industrial structures on the parcel to the south, owned by West Valley Muslim Association (WVMA); and Saratoga-Sunnyvale Road to the west. Beyond Saratoga-Sunnyvale Road to the west are commercial shopping center uses. 10. In addition to the Lead Agency, other agencies whose approval is required (e.g., permits, financing approval, or participation agreement):  Regional Water Quality Control Board (RWQCB)  County of Santa Clara Fire Department  Cupertino Sanitary District  West Valley Collection and Recycle B. PROJECT DESCRIPTION This section includes a discussion of the project site and background of the proposed project, a detailed description of the proposed project, and a summary of requested approvals. Figure 1 shows the location of the project. Figure 2 shows the site plan of the project. Figure 3 shows building sections of the project. Figure 4 shows floor plans and Figure 5 show elevations of the project. Figure 6 is the landscape plan of the project. Figure 7 is a photometric study of the project. 1. Project Location The proposed project would be located on within a commercial district surrounding the Saratoga Center Shopping Center in the City of Saratoga. The City of Saratoga is located in Santa Clara County. The Commercial Project would be located at 12250 Saratoga-Sunnyvale Road on an approximately 1.01-acre site consisting of Assessor’s Parcel Numbers 386-30-036, 386-30-037, and 386-30-038. 37 NOT TO SCALEFIGURE2SOURCE: GEORGE MEU ASSOCIATES, MARCH 25, 2013CommercialLearning Project -IS/MNDSite Plan38 NOT TO SCALEFIGURE3SOURCE: GEORGE MEU ASSOCIATES, MARCH 25, 2013CommercialLearning Project -IS/MNDBuilding Sections39 NOT TO SCALEFIGURE4SOURCE: GEORGE MEU ASSOCIATES, MARCH 25, 2013CommercialLearning Project -IS/MNDFloor Plans40 NOT TO SCALEFIGURE5SOURCE: GEORGE MEU ASSOCIATES, MARCH 25, 2013CommercialLearning Project -IS/MNDBuilding Elevations41 NOT TO SCALEFIGURE6SOURCE: WILSON & ASSOCIATES, MARCH 25, 2013CommercialLearning Project -IS/MNDLandscape Plan42 NOT TO SCALEFIGURE7SOURCE: MHC ENGINEERS, MARCH 11, 2013CommercialLearning Project -IS/MNDPhotometric Study43 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 15 The project site currently contains structures designed for commercial and industrial uses and are designated Commercial Retail (CR) in the City of Saratoga General Plan. The site is zoned Commercial – Visitor (CV). 2. Environmental Setting The following description of the environmental setting of the site is adapted from the Environmental Phase I Environmental Assessment Report prepared for the site.1 The project site is located in the flat and more intensely-developed portion of the City, to the east of the foothills of the Santa Cruz Mountains, at approximately 320 feet above sea level. Due to the development history of this area, plant and animal species are typical of urbanized environments. The site is underlain by alluvium (alluvium is sediment deposited by water) and associated deposits. Based on a State of California (State) Environmental Protection Agency (EPA) monitoring well, groundwater occurs approximately 58 feet below the ground surface. Groundwater generally flows to the north of the site. The site located at 12250 Saratoga-Sunnyvale Road currently contains three one-story structures constructed around 1961 that comprise approximately 14,332 square feet of retail and workshop spaces. There are a total of 12 discrete work spaces with only two being occupied. Prior to development with urban uses, the project site was occupied by orchards, as was much of Saratoga. By 1968, the vicinity of the site was substantially developed with urban uses, including commercial and residential uses. 3. Proposed Project The Commercial Learning Project, which would be constructed at 12250 Saratoga-Sunnyvale Road, would involve the development of a 25,081 square-foot structure containing day care, office, and retail. The development would also include a 22,307 square-foot underground parking garage. The project is intended to serve local and regional demand for medical office and retail space, and child care services. For instance, the project would provide child care services to students patronizing the aquatic center to the north of the site. Design and Layout. The proposed project would consist of a two levels and a basement parking structure. The building would comprise the following uses:  11,091 square feet of day care / after-school learning uses;  8,860 square feet of office uses (including both medical and professional);  2,840 square feet of retail uses;  22,307 square feet of underground parking uses; and  2,290 square feet of accessory uses (including common area). In addition, a 3,434-square-foot play area would be developed on the ground floor, for use in conjunction with the day care facility. 1 ACS Associates, 2011. Phase I Environmental Assessment Report for 12250-12260 Saratoga-Sunnyvale Road, Saratoga, CA 95070. June 23. 44 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 16 The basement parking structure, which would be located below-grade, would contain approximately 55 parking spaces. The garage would be accessed via a driveway extending along the southern boundary of the site (which would be shared with the WVMA parcel to the south). The ground floor would also contain stairways to the ground floor (i.e., the first above-grade floor) and utility equipment. The first story, would contain a mixture of retail, office, and day care space, in addition to the outdoor play area. The approximately 2,840 square feet of retail space would be located in the far western portion of the building, closest to Saratoga-Sunnyvale Road. Based on the current plan, the retail area could be divided into two separate spaces. Approximately 2,975 square feet of office uses would be located on the ground floor, immediately to the east of the retail uses. The office area also could be divided into two separate spaces. Approximately 5,581 square feet of day care uses would comprise the eastern-most portion of the ground floor. The day care space is designed in a “U” shape, such that it would partially enclose the outdoor play area that comprises approximately 3,316 square feet. The structure is designed to reduce noise levels within the outdoor play area. The second story would contain a mixture of office and day care / after-school learning space. The approximately 5,885 square feet of office space would be clustered in the western and central portions of the floor. Approximately 5,510 square feet of day care / after-school learning space would occupy the eastern portion of the upper floor, and would be developed around the perimeter of the outdoor play area (such that the play area would be open from above). Use Characteristics. Specific tenants for the approximately 8,860 square feet of office space and 2,840 square feet of retail space that would be developed as part of the project have not yet been identified. However, it is likely that the office space would be occupied by professional entities, such as firms or agencies involved in real estate, insurance, or the medical profession. Based on the size and location of the retail uses, these uses would likely be neighborhood-serving. The day care / after-school learning facility would be used by approximately 170 students enrolled in Kindergarten through 8th Grade. The facility would have 16 employees. Hours of operation would occur between the hours of 8:00 A.M. and 7:00 P.M. Delivery times for students would start at approximately 8:00 A.M. The learning center students are to be picked up from a standard school in groups and delivered to the facility during the hours of 12:00 P.M. and 3:30 P.M. The pick-up times for these students depend on the particular grade level the student is in. Students within the day care and preschool ages will be picked up around 5:00 P.M., while older elementary school students would be picked up between the hours of 5:00 P.M. to 6:30 P.M. The parents can park and pick up their children from the underground parking lot or rear parking lot. Access and Orientation. Access to the site will be provided via one driveway on Saratoga-Sunnyvale Road. The driveway, located on the southern border of the property, is to be shared with the adjacent property, designated as WVMA, located at 12260 Saratoga-Sunnyvale Road. The site driveway extends from the street straight eastward to the rear of the site. On the north side of the driveway, between the building and the street, it provides access to a surface parking lot. In the middle third of the site, the driveway serves as a ramp that provides access to underground parking below the building. At the rear of the site, the driveway provides access to a second surface parking lot 45 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 17 on the north side of the driveway. The driveway is to be shared with the WVMA, from which that site too will have access. In both surface parking lots and the underground parking garage the parking spaces are oriented at 90 degrees to the drive aisles. All drive aisles are 24 feet or greater in width. All parking spaces meet the standards established by the city: standard parking spaces are at least 9 feet 6 inches wide and 18 feet long, and compact spaces are at least 8 feet wide and 16 feet long. Architecture and Landscaping. The proposed Commercial Project would be designed in a way that is typical of commercial structures in the vicinity of the site. The western façade of the building facing Saratoga-Sunnyvale Road would feature a shaded, colonnaded entryway and a gently-sloped roof. Façade materials would include red cedar board siding, stone veneer, steel posts, and metal railings. Maximum building height would be 24.35 feet. The project architect is George Meu Associates of Oakland, CA. Approximately 47 trees would be planted within the site as part of the project, mainly around the perimeter of the site and adjacent to the proposed structure. Trees would include Arbutus marina, Podocarpus macrophyllus (yew pine), Sequoia sempervirens (coast redwood), and Pistachia chinensis (Chinese pistache). In addition, several species of shrubs, grasses, perennials, and ground- covers would be planted throughout the site, including Hemerocallis vars. (daylily), Pittosporum T. ‘Variegata’ (Variegated Tobira), and Nandina Domestica ‘Fire Power’ (Heavenly Bamboo). After implementation of the proposed Commercial Project, approximately 7,588 square feet (approximately 16.1 percent of the site) would be covered with landscaping. Entitlements. The project would require the following entitlements: Lot Merger: to combine the three existing parcels into one parcel. Tentative Map Subdivision Variance to allow for a building height of 24 feet. Conditional Use Permits: to allow for the development of day care and medical office/clinic uses. Design Review 4.Utilities and Construction Utilities, including water, sanitary sewer, energy, and telecommunications infrastructure would be extended into the project site as part of the project. Utilities would be extended into the site primarily from Saratoga-Sunnyvale Road. The construction period is expected to extend for a maximum of 9 to 12 months. Construction of the project would require limited grading and approximately 8611 cubic yards of excavation. Two trees (not protected by City Code) would be required for removal of the site. 46 47 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 19 CHECKLIST Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista?     b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway?     c) Substantially degrade the existing visual character or quality of the site and its surroundings?    d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?     The visual resources analysis in this section is based on a reconnaissance of the project site and surrounding roadways, and a review of the plans of the proposed project prepared by George Meu Associates. a)Have a substantial adverse effect on a scenic vista? No scenic views or viewsheds in the vicinity of the project site are explicitly identified in the City of Saratoga General Plan or other local planning documents. Implementation of the proposed project would result in the demolition of the existing one-story buildings on the project site and replacement of the structure with one new two-story building. The building would be two story (or up to approximately 6 feet) taller than the existing buildings on the site and the aquatic center to the north, but would be approximately the same height as the medical office structure to the and the shorter than the two-story townhomes to the north of the aquatic center. The proposed project, by introducing new, taller structure to the project site, would change the views on the project site, but the availability of such views would change only incrementally, as these views are already partially obstructed by existing urban development on the site and surrounding areas. Because these changes to views would occur on private property and would not infringe on a publicly-accessible view, they would not be considered significant or adverse b)Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? The project site does not include any portions of a State Scenic Highway. State Route 9, from the Santa Cruz County line to the Los Gatos city limits, is considered an officially-designated State Scenic Highway by the California Department of Transportation.2 The closest segment of the 2 California Department of Transportation, 2011. California Scenic Highway Mapping System. Website: www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm (accessed June 13). CO MM ERCI AL LEARNI NG CENTER P ROJECT I NI TI AL STUDY/ M I TI GATED NEGATI VE DECLARATI O N CITY OF SARATOGA APRIL 2013 48 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 20 officially-designated scenic portion of State Route 9 is located over 3 miles southwest of the project site and is not visible from the project site or their vicinity. Because the building that would be developed as part of the project would be similar in height, scale, and massing to surrounding buildings, and due to intervening vegetation and urban development patterns, the project would not be visible from the State Route 9 State Scenic Highway. In addition, no scenic resources, including trees, rock outcroppings, or historic buildings are located on the project site. The shrubs that are located on the site (and would be removed as part of the project) are generally small in size, are not native to the area, and would not be considered scenic resources. Therefore, the proposed project would have no impact to scenic resources. c)Substantially degrade the existing visual character or quality of the site and its surroundings? Implementation of the proposed project would change the visual character of the project site through the demolition of an existing one-story structure and the replacement with one two-story (above- grade) structure that would be taller and different in design than the existing building on the site. However, this change in visual character would not be considered a significant environmental impact, because it would not substantially degrade the visual character of the neighborhood. The following discussion summarizes: 1) the existing visual character of the project site; 2) applicable City of Saratoga policies that relate to visual character, and the consistency of the project with these policies; and 3) the effect of the project on visual character. Existing Visual Character. The neighborhood surrounding the project site is generally characterized by low-slung (one- to two-story) commercial buildings that are set back from the Saratoga-Sunnyvale Road with surface parking lots in the front. Buildings are generally of modern construction and date from the post-World War II era and beyond. The shopping center directly to the west of the project site is a major architectural feature of the area, and is characterized by a large surface parking lot adjoining Saratoga-Sunnyvale Road; single-story construction; a building axis that is oriented parallel to the facing street; and stucco, stone, and tile exterior materials. The shopping center contains large expanses of glazing on the side of the buildings facing Saratoga-Sunnyvale Road, which denote retail uses. As one moves away from Saratoga-Sunnyvale Road (both to the east and west), the visual character of the neighborhood is characterized by one- and two-story multi-family and single-family residences. These neighborhoods are heavily landscaped and lack the higher activity levels that define the visual quality of the Saratoga-Sunnyvale Road commercial corridor. The Saratoga-Sunnyvale Road frontage of the project site is characterized by regular tree plantings, the surface parking lots that occupy the western-most portion of the project site, and the existing one- story buildings, which are painted and consist of variable façade materials (including corrugated iron, cinderblock, stone, and wood siding). The buildings are similar in design and configuration to sur- rounding buildings along the Saratoga-Sunnyvale Road corridor and are not distinguished in design. The existing retail spaces on the project site are vacant and do not generate a substantial amount of visual interest. Views into the project site from the west are partially obstructed by existing buildings. Views into the site from the residential areas to the east are obstructed by vegetation and an existing soundwall along the eastern perimeter of the site. Applicable Policies. The City’s Saratoga-Sunnyvale Road Gateway Design Guidelines (Design Guidelines) are intended to improve the aesthetic character of development at this northern gateway to the City. As stated in the Design Guidelines: “The Saratoga-Sunnyvale Road Gateway streetscape CO MM ERCI AL LEARNI NG CENTER P ROJECT I NI TI AL STUDY/ M I TI GATED NEGATI VE DECLARATI O N CI TY OF SARATO GA AP RI L 2013 49 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 21 improvement master plan has been adopted to address improvements within the public street right-of- way to create a new northern gateway to the City. These guidelines build upon that plan to address private sector redevelopment that is anticipated to occur adjacent to the public street right-of-way on private, commercially zoned property. Additionally, the guidelines provide direction for the design of mixed-use project that introduce a component of residential uses within the Gateway district, as provided for in the General Plan housing element.” The Design Guidelines encompass the area around Saratoga-Sunnyvale Road that are zoned Commercial – Neighborhood (CN) and Commercial – Visitor (CV), extending from Prospect Road on the north to the Union Pacific railroad tracks (and Joe’s Trail) on the south. Table 1 lists policies from the Design Guidelines that are applicable to visual resources on the project site, and the consistency of the project with these policies. Please note that the consistency of the project with specific provisions of the Design Guidelines would be undertaken at the time of design review. This analysis focuses on a consistency evaluation for the purpose of determining whether the project would result in significant adverse impact on visual resources. Table 1: Project Consistency with Applicable Saratoga-Sunnyvale Road Design Guidelines Design Guidelines Consistent with Project? Architecture and Materials 1. Encourage smaller-scale building floorplates with an appropriate scale and architectural style, consistent with early Californian architectural styles, (including, but not limited to, Craftsman, Queen Anne, Stick, and Mission) that conform to the look of the general area. (Goal B,C) Consistent. The proposed building would be consistent with the look and feel of other commercial and mixed use buildings in the area. The proposed architecture references a traditional architectural materials, with stone veneer and roof tiles. 2. Buildings should relate specifically to Saratoga's residential areas and illustrate residential massing with low-pitched gable or hip roofs, dormer windows, etc. (Goal C) Consistent. The roof visible from the Saratoga-Sunnyvale Road would be of low pitch, and would have a similar appearance to residential roofs in the neighborhood. 3. In order to reduce the perceived scale of buildings, building masses shall be broken into smaller components. Large “boxes” with no articulation will not be allowed. (Goal C) Consistent. The facade of the building visible from Saratoga-Sunnyvale Road would be articulated and broken into smaller components. 4. Building walls and rooflines should include articulation, with a change in surface materials, color or surface plane. All primary building entrances must be identified with architectural details such as towers, projections, varied roofs, trellis work, pergolas or covered entry ways. (Goal B,C) Consistent. A variety of materials would be incorporated into the main façade of the building, and the main entryway would be emphasized using materials such as stone veneer and metal-framed doors. 5. Buildings should be designed with vertical breaks to create differentiation along the front facade. This can be done with indented balconies or/and articulation of massing or/and changes in material, texture, and color. (Goal C) Consistent. The design of the project features a covered entryway, and changes in materials to create differentiation along the front facades. 6. Corners of buildings should be highlighted with special design features to increase visual interest where appropriate. Entrances or display windows to the retail shops are encouraged at building corners that face street corner locations. (Goal B) Consistent. Display windows would be placed at the corners of each building, along the facades that would face Saratoga-Sunnyvale Road. 7. Rooflines should be varied in style and size to create interest. All buildings should include roof features such as pitched roofs, detailed parapets, or entry features. Rooftop mechanical equipment shall be screened on all sides. (Goal B,C) Consistent. A covered entryway would create a varied roofline on each building. Mechanical equipment, which would be located on the roof of the building, would be screened from view on all sides by painted plywood panels. COMMERCIAL LEARNING CENTER PROJECT INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION CITY OF SARATOGA APRIL 2013 50 CITY OF SARATOGA COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Table 1 Continued P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 22 Design Guidelines Consistent with Project? 8. Rooftop mechanical units, vents, and flues shall be screened. Screening rooftop mechanical equipment by means of pitched roof forms or penthouses is encouraged. (Goal B,C) Consistent. See #7. 9. Service and loading areas should not be located immediately adjacent to residential uses or Saratoga Sunnyvale Road. (Goal B,C) Consistent. Loading would be located along the eastern façade of each building, but not immediately adjacent to residential uses (which border the site to the east). 10. A specific color palette, list of materials, and common architectural features will be required for all development in the Saratoga Gateway District. This is intended to establish a common theme or style of architectural design for all buildings within the District. All buildings shall incorporate 360 degree (i.e., all building faces) use of materials and color. (Goals B,C) Consistent. The specific list of materials and common architectural features include “Saratoga” stone, “Gentry Cream”stucco, and “Cascara Brown” shake style concrete roof. The materials and colors will surround the building on all sides. 11. Colors for all buildings should be earth tones, neutrals and soft muted colors. The predominant color should be in the range of grays, beige through dark brown, terra cotta and sandstone, dark greens, or muted red. Bright intense colors are not allowed. Stark white or black is discouraged for use other than as trim. Un-muted primary colors are not allowed. (Goals B,C) Consistent. Based on color and material board for the project, colors used would primarily be brown, grey, beiges and greens. Building materials would not feature bright primary colors or stark black and white color patterns. 12. Finish materials for walls should be predominantly natural materials such as brick, textured block, stone, slate, stucco, wood, clap board siding or textured and colored concrete that closely resembles such materials. Accent materials may include canvas for awnings, metal trim, ceramic tiles, concrete castings, terra cotta, or stucco. Window and door trim should be bronzed or baked enamel colored finish that is complimentary to the color of the wall. Materials such as galvanized metal, glossy aluminum, smooth concrete, metal siding, vinyl, and reflective glass are not allowed. (Goals B,C) Consistent. The facade of the project would include natural-looking materials such as cedar siding and stone veneer. Window and door trim would generally be of metal construction, and would be complementary to other design materials. 13. Encourage canopies/awnings/arcades to define entrances and provide shelter along buildings. (Goal B) Consistent. Arcades would be developed along the western facade of the building. 14. Building entrances should be set back from drive curblines to achieve public safety and entry articulation. (Goal B) Consistent. The building would be set back from the curb line of the shared driveway with a walkway/landscaped area. 15. Building entrances should be identifiable from parking areas. (Goal A, B) Consistent. Building entryways would be identifiable from front parking areas due to the use of distinctive building materials and prominent doorways. 16. Building materials should include appropriate materials to achieve city council goals. Such materials should establish a single, recognizable style, consistent with early California, for all adjacent commercial areas. The rural residential character of the City should be maintained through low residential densities, extensive landscaping along streets and the relatively low profile and height of structures. In commercial areas this can be achieved by the use of architectural features, materials and color to reduce bulk and mass. The use of traditional residential architectural design themes that can be transformed into effective commercial functions can be an effective method in which to achieve this goal. (Goal B) Consistent. Each project would include a landscape buffer along Saratoga-Sunnyvale Road and traditional architectural themes (including gently-sloped roofs and the use of natural-looking materials such as stone veneer and cedar siding). Although the project would exceed the height limit established for the site, the proposed height would be similar to that of the medical-office complex to the south of the site, and to the townhouse development to the north of the adjacent aquatic center. 17. A predominance of masonry, wood and brick shall be used on ground levels of all buildings. (Goal B) Consistent. Each of the buildings would utilize wood siding and stone veneer on the ground levels. 18. Reflective materials such as bright aluminum and glass Consistent. Although glazing would be used throughout 51 CITY OF SARATOGA COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Table 1 Continued P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 23 Design Guidelines Consistent with Project? are not allowed as the primary building material on exteriors. (Goal B) each of the proposed buildings, the main façade of each structure would be dominated by non-reflective materials. 19. Pedestrian amenities, such as benches, trash recepta- cles, outdoor dining and vendor carts on private property, are encouraged to be consistent with the theme established by Saratoga-Sunnyvale Road Gateway. (Goal B) Not Yet Determined. The design of such pedestrian amenities has not yet been finalized by the project sponsor, as a specialty retail tenant has not been finalized. Landscaping and Buffering 1. Landscape islands should be provided in parking lots to interrupt consecutive runs of parking spaces. Landscape islands shall incorporate a mix of shade tree and shrub plant material to visually buffer internal site views from both ground and to provide shade. (Goal B,C) Consistent. Landscape buffers would be provided in all surface parking lots. 2 Parking areas should incorporate low landscaping buffers to screen parked cars from adjacent streets. All head in parking adjacent to public right of way or residential areas shall be screened by one of the following: masonry wall, earthen berm, and/or dense shrub planting. (Goal B,C) Consistent. Landscape buffers would screen the surface parking lots proposed adjacent to Saratoga-Sunnyvale Road. Landscape buffers would also be used to screen the surface parking lots to the east of each building, and existing fences would be left in-place. 3. Landscaped parking islands and medians should constitute a substantial portion of the overall parking area to achieve an attractive commercial environment consistent with the Saratoga environment. (Goal B,C) Consistent. Landscaped areas would be included in each parking lot. At least two sides of each parking lot would be landscaped. 4 The use of landscaping should be encouraged to distinguish access points, break up parking and define pedestrian access and spaces. (Goal B,C) Consistent. Landscaping would be utilized throughout each site to identify access points and walkways, soften paved areas, and buffer the shared driveway. 5 Landscape layout and design should orient the pedestrian environment. (Goal B) Consistent. Landscaping would be used connect the pedestrian realm adjacent to Saratoga-Sunnyvale Road to pedestrian walkways on each of the site. 6. Street tree plantings shall be required where none exist along Saratoga-Sunnyvale Road to promote a consistent tree canopy, reduce perceived building heights and provide shade. Street trees shall be pruned and otherwise maintained to provide visibility of businesses and to encourage proper growth and height. (Goal B,C) Consistent. Trees are being proposed along the front setback of the project and adjacent to Saratoga-Sunnyvale Road. 7 Private drives serving the internal circulation needs of proposed development shall require street tree plantings. (Goal B,C) Consistent. The landscape plan identifies the planting of two trees near the shared driveway. 8 Shrubs, groundcovers and perennial plantings are encouraged between detached pedestrian walks and buildings. (Goal B,C) Consistent. Groundcovers and other low-growing plant species would be planted adjacent to the proposed buildings. 9 Trellises with flowering vines and hanging flower baskets are encouraged at building entries to make the entry more easily identifiable, provide pedestrian scale and add visual interest. (Goal B,C) Not consistent. Trellises and hanging flower baskets are not identified on the landscape plan. 10. Buffering between commercial or mixed use projects and adjacent residential uses shall incorporate the following: (Goal B,C) • Solid (decorative) masonry wall. • Exclusive landscape buffer area reserved for buffering purposes - no private outdoor use or other programmed activities are allowed within the buffer area. • Trees shall be 24” boxed size minimum. • Privacy issues shall be addressed through the citing of balconies and windows above ground floor level adjacent to residential properties to protect the privacy of residential neighbors. • Rear or side parking lots adjacent to residential uses Consistent. The existing wall would remain as part of the project. The wall separating the project site from adjacent residential uses is of masonry construction. All trees would be 24-inch box trees and the landscaping buffer would be 25 feet in depth. Privacy and security issues would be addressed through the setback of the buildings from the eastern property line of the site (and adjacent residential uses) and appropriate lighting demonstrated by the photometric study. 52 CITY OF SARATOGA COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Table 1 Continued P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 24 Design Guidelines Consistent with Project? shall be designed to address after hour security. 11. Buffering between commercial or mixed use development and other similar uses shall consist of a landscape area planted with trees, shrubs and groundcovers. (Goal B,C) Consistent. A landscaped buffer would be planted along the eastern boundary of each site, adjacent to residential uses. 12. The following list of trees shall be considered for incorporation into the design of commercial parking lots. (Goal B,C) Consistent. Pistacia chinensis (Chinese pistache) are listed in the “considered tree species” within the Design Guidelines and are proposed to be planted within the front parking lot area. Coast redwoods are proposed along the rear setback, in order to accommodate privacy concerns of the residential uses. Fencing and Screening Walls 3. Fencing is discouraged between properties of similar use. (Goal A,B,C) Consistent. No fence would be built between the two project site. A driveway would extend along the shared boundary. 5. Trash, service and loading areas should not be located adjacent to street frontages or adjacent to existing residential uses and will be screened from view from public streets. (Goal B,C) Consistent. Trash and loading areas would occur adjacent to the eastern façade of each building, separated from residential uses to the west of each site by a parking lot, landscaped buffer, and wall. The trash area would be surrounded by a wall. Note: Policies related to Commercial Retail Signage and Lighting and Furnishings are not included in Table 1 because the project sponsors have not yet submitted detailed signage, lighting, and furnishing plans. Source: LSA Associates, Inc., 2011. Effects on Visual Character. The proposed project would result in the demolition of the existing one- story building on the project site and the development of one new building that would each be two stories above grade and would extend up to a maximum height of 24 feet. The design of the building would be similar to that of other commercial and mixed-use buildings in the vicinity of the site, with large amounts on glazing on the ground-floor, the use of multiple façade materials, gently-sloping roofs, and landscaped building perimeters. In addition, the buildings would continue the existing urban development pattern along the Saratoga-Sunnyvale Road corridor, which is characterized by set-back buildings with surface parking lots facing Saratoga-Sunnyvale Road. The project would also be generally consistent with the Saratoga-Sunnyvale Gateway Design Guidelines, as summarized in Table 1. The guidelines with which the project has not yet been determined would not be associated with significant adverse impacts on visual character. Therefore, the proposed project would not adversely affect the visual character of the Saratoga-Sunnyvale Road corridor. Because the proposed building would be separated from adjacent residential areas by a surface parking, a 25 foot landscaped buffer, and a sound wall, the project would not adversely affect the visual character of residential districts. d)Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? The project architectural drawings indicate that the project would not include large amounts of glazing that would introduce substantial glare to the area. The applicant has prepared a lighting plan and photometric study (Figure 7) for City Review. The plan as shown, demonstrates that lighting off- 53 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 25 site onto residential properties adjacent to the project site shall not exceed 0.05 footcandles (fc) 3, which meets industry standards. The new source of light from the proposed project is considered a less than significant impact. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact II. AGRICULTURAL AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In deter- mining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measure- ment methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to a non-agricultural use?     b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?    c)Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?     d) Result in the loss of forest land or conversion of forest land to non-forest use?    3 This standard derives from: Dark Sky Society, 2009. Guidelines for Good Exterior Lighting Plans. Website: www.darkskysociety.org/handouts/LightingPlanGuidelines.pdf. 54 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 26 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact e)Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?     a)Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to a non-agricultural use? The project site, which comprise a total of approximately 1.15 acres, have not been used for farming in recent years, and are currently located in an urbanized neighborhood that is unsuitable for farming. The site and areas in the vicinity were historically used for orchards and other agricultural production, but such uses were displaced by urban development starting in the 1940s. By 1968 urban uses had almost entirely displaced agricultural uses in the vicinity of the project site. The Santa Clara County Important Farmland Map (2008), prepared by the State Department of Conservation, indicates that the site is classified as “Urban and Built-Up Land.”4 Urban and Built-up Land is defined as land “occupied by structures with a building density of at least 1 unit to 1.5 acres, or approximately 6 structures to a 10-acre parcel. Common examples include residential, industrial, commercial, institutional facilities, cemeteries, golf courses, sanitary landfills, sewage treatment, and waste control structures.” Therefore, implementation of the proposed project would not convert agricultural land to non-agricultural uses. b)Conflict with existing zoning for agricultural use, or a Williamson Act contract? The project site is zoned Commercial – Visitor (CV), and is not zoned for agricultural uses. In addition, the site is not operated under a Williamson Act contract. Therefore, the proposed project would not conflict with existing zoning for agricultural uses or a Williamson Act contract. c)Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? The project site is zoned Commercial – Visitor (CV), and is not zoned for forest land or timberland production. Therefore, the proposed project would not conflict with existing zoning for forest land or result in the rezoning of forest land or other land used for the production of timber. d)Result in the loss of forest land or conversion of forest land to non-forest use? 4 California Department of Conservation, 2008. Santa Clara County Important Farmland Map. Website: ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/2008/scl08.pdf. 55 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 27 The proposed project would result in the redevelopment of already-developed land in an urbanized neighborhood. Although a small number of trees is dispersed around the perimeter of the site, these trees do not constitute forest land. Therefore, the proposed project would not result in the loss of forest land. e)Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland to non-agricultural use or conversion of forest land to non- forest use? Implementation of the proposed project would result in the development of mixed uses on an already- developed site that is surrounded by urban uses on all sides, including commercial, recreational, and residential uses. The project would not require major new utility infrastructure to be extended into the site, as sewer, water, and energy infrastructure already exists to serve existing uses. Therefore, the project would not indirectly result in the conversion of farmland or forest land through, for instance, the extension of infrastructure into a greenfield site. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporate d Less Than Significant Impact No Impact III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a)Conflict with or obstruct implementation of the applicable air quality plan?    b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation?     c)Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)?     d) Expose sensitive receptors to substantial pollutant concentrations?    e)Create objectionable odors affecting a substantial number of people?    Development of the proposed project could affect air quality in the following three ways: 1) the release of dust and exhaust during the project construction period (construction impacts); 2) the release of exhaust associated with persons driving to and from the project site (operational impacts); and 3) the release of exhaust from the combustion of natural gas due to long-term operation for the 56 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 28 proposed uses and evaporative emissions from maintenance-related architectural coatings (area source operational impacts). As discussed below, the project would not result in a significant adverse effect to air quality or conflict with the latest Clean Air Plan. This introduction provides background air quality information that is referenced in the responses to the Initial Study checklist questions below. Existing Air Quality. The City of Saratoga is within the jurisdiction of the Bay Area Air Quality Man- agement District (BAAQMD), which regulates air quality in the San Francisco Bay Area. Air quality conditions in the San Francisco Bay Area have improved significantly since the BAAQMD was created in 1955. Ambient concentrations of air pollutants and the number of days during which the region exceeds air quality standards have fallen substantially. In Saratoga and the rest of the air basin, exceedances of air quality standards occur primarily during meteorological conditions conducive to high pollution levels, such as cold, windless winter nights or hot, sunny summer afternoons. Ozone levels, as measured by peak concentrations and the number of days over the State 1-hour stan- dard, have declined substantially as a result of aggressive programs by the BAAQMD and other regional, State and federal agencies. The reduction of peak concentrations represents progress in improving public health; however the Bay Area still exceeds the State standard for 1-hour and 8-hour ozone levels. In addition, the Bay Area was designated as a marginal nonattainment area for the federal 8-hour ozone level in June 2004. The U.S. Environmental Protection Agency (EPA) lowered the national 8-hour ozone standard from 0.80 to 0.75 parts per million (ppm) on March 27, 2008 5. In 2011, the 22601 Voss Avenue air monitoring station in Cupertino (the closest monitoring station to the project site) did not record any days on which the State 1-hour ozone standard or State 8-hour standard was exceeded.6 National and State standards have also been established for fine particulate matter (diameter 2.5 microns or less, PM2.5), over 24-hour and yearly averaging periods. Fine particulate matter, because of the small size of individual particles, can be especially harmful to human health. Fine particulate matter is emitted by common combustion sources such as cars, trucks, buses and power plants, in addition to ground-disturbing activities. The Bay Area is considered a nonattainment area for PM2.5 at the State and federal level. The Bay Area is an unclassified area for the federal PM10 standard. An “unclassified” designation signifies that data does not support either an attainment or nonattainment status. No exceedances of the State or federal 24-hour levels of particulate matter (PM10) were measured at the Cupertino air monitoring station in 2010. No exceedances of the State or federal carbon monoxide (CO) standards have been recorded at any of the region’s monitoring stations since 1991. The Bay Area is currently considered an attainment area for State and federal CO standards. 5 United State Environmental Protection Agency (EPA), 2013. National Ambient Air Quality Standards (NAAQS). Website: http://www.epa.gov/air/criteria.html#3 6 California Air Resources Board, 2011. iADAM Air Quality Data Statistics. Website: www.arb.ca.gov/adam. 57 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 29 a)Conflict with or obstruct implementation of the applicable air quality plan? The main purpose of an air quality plan is to bring an area into compliance with the requirements of federal and State air quality standards. Such plans describe air pollution control strategies to be implemented by a city, county or region. The most recent BAAQMD plan for attaining California Ambient Air Quality Standards, the 2010 Clean Air Plan, was adopted on September 15, 2010. The Clean Air Plan demonstrates how the San Francisco Bay Area will achieve compliance with the State 1-hour air quality standard for ozone and how the region will reduce transport of ozone and ozone precursors to neighboring air basins. The purpose of the Clean Air Plan is to: 1.Update the Bay Area 2005 Ozone Strategy in accordance with the requirements of the California Clean Air Act to implement “all feasible measures” to reduce ozone. The Bay Area 2005 Ozone Strategy was developed in order to bring the region into compliance with State and federal air quality standards and was adopted by the BAAQMD Board of Directors in January 2006; 2.Consider the impacts of ozone control measures on particulate matter, air toxics, and greenhouse gases in a single, integrated plan; 3.Review progress in improving air quality in recent years; and 4.Establish emission control measures to be adopted or implemented in the 2009 to 2012 time- frame. The City of Saratoga and the project site are located in the San Francisco Bay air basin and are within the jurisdiction of the BAAQMD. The City of Saratoga General Plan is consistent with this plan. No General Plan amendment would be required to implement the proposed project. Therefore, the project is generally consistent with the intent of the General Plan, and therefore would not conflict with the Clean Air Plan. This impact is considered less than significant. b)Violate any air quality standard or contribute substantially to an existing or projected air quality violation? In June 2011, the BAAQMD updated their CEQA Air Quality Guidelines, which replace the ones dating from June 2010. Although these standards have not been officially adopted, they have been used by the City of Saratoga has a baseline in comparing project impacts regarding air quality. Recommended thresholds of significance for construction and operational-related emissions have been developed and adopted as criteria for this analysis as follows: The proposed project would generate construction-related exhaust emissions of Reactive Organic Gases (ROG)7, NOx or PM2.5 greater than 54 pounds per day or PM10 greater than 82 pounds per day; or The proposed project would generate operational-related emissions of ROG, NOx or PM2.5 greater than 54 pounds per day (or 10 tons per year) or PM10 greater than 82 pounds per day (or 15 tons per year). 7 Reactive Organic Gases (ROG) are compounds that transform with heat and sunlight to form ozone smog. 58 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 30 The URBEMIS v9.2.4 air quality model was used to estimate construction and operational-related emissions related to the project. Inputs to the model were based on assumptions provided by the project applicants, as discussed in the Project Description. Land use-specific daily trip rates were obtained from the Transportation Impact Analysis prepared for the project.8 The air quality model inputs and outputs are available for review at the City of Saratoga Community Development Department. Construction Period Impacts. In addition to the recommended thresholds of significance set forth in the BAAQMD CEQA Air Quality Guidelines, new development would be considered to result in potentially significant construction-related air quality impacts if Best Management Practices are not implemented. Project construction would occur over a period of 9 to 12 months. The analysis takes into account the assumed construction proposal of WVMA, an approximately 30,000 sq. ft. structure containing religious, office, and retail uses. Table 2 presents the construction-related emissions that would be generated by the proposed project. Table 2: Project Construction Emissions Project Construction Phase ROG CO NOx Exhaust PM10 Fugitive Dust PM10 Total PM10 Exhaust PM2.5 Fugitive Dust PM2.5 Total PM2.5 Unmitigated Construction Emission Estimates 13.6 15.8 31.9 1.4 9.7 11.1 1.3 2.0 3.3 BAAQMD Daily Thresholds 54.0 NA 54.0 82.0 BMP NA 54.0 BMP NA Exceed Threshold? No NA No No NA NA No NA NA Notes: BMP = Best Management Practices NA = Not Applicable Some totals may vary slightly due to rounding. Source: LSA Associates, Inc., July 2011. As indicated in Table 2, none of the construction emissions estimates exceeds BAAQMD thresholds. The effects of construction activities would be increased dustfall and locally elevated levels of particulate matter downwind of construction, which is potentially significant if unmitigated. Implementation of the following mitigation measure would ensure compliance with BAAQMD- recommended measures for dust control and Best Management Practices and would reduce this impact to a less-than-significant level: Mitigation Measure AIR-1: The construction contractor shall implement the following measures at the project site:  All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.  All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 8 Hexagon Transportation Consultants, Inc., 2011. Saratoga Commercial Transportation Impact Analysis. May 31. 59 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 31 All visible mud or dirt tracked-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping shall be prohibited. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. All roadways to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations (CCR)). Clear signage shall be provided for construction workers at all access points. All construction equipment shall be maintained and properly tuned in accordance with the manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. Post a publicly visible sign with the telephone number and person to contact at the City of Saratoga regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. Operation Period Impacts. Long-term operation (including operational traffic and area source opera- tions) of the proposed project would generate regional emissions, as summarized in Table 3. The analysis takes into account the assumed proposal of WVMA, a 61,979 sq. ft. structure containing religious, office, retail, and parking uses. The project (combined) would generate 6.9 pounds per day and 1.7 tons per year of ROG emissions; 8.6 pounds per day and 1.2 tons per year of NOx emissions; 0.5 pounds per day and 0.1 tons per year of PM10 emissions; and 0.3 pounds per day and 0.1 tons per year of PM2.5 emissions. None of these project-specific operation emissions estimates would exceed BAAQMD thresholds. Therefore, the proposed project is not anticipated to violate any air quality standard or contribute substantially to an existing or projected air quality violation and this impact is considered less than significant. Table 3: Regional Emissions in Pounds Per Day Reactive Organic Gases Nitrogen Oxides PM10 PM2.5 Regional Emissions 6.7 8.2 .5 0.3 BAAQMD Significance Threshold 54.0 54.0 82.0 54.0 Exceed? No No No No Source: LSA Associates, Inc., 2011. c)Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 60 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 32 Construction Period Impacts. As discussed in Section III.b, construction of the proposed project could result in the emission of significant levels of pollutants, including those for which the Bay Area is under nonattainment status (such as ozone and particulate matter). These project-specific emissions could cumulatively contribute to pollutant concentrations in the Bay Area. Implementation of the following mitigation measure would reduce this impact to a less-than-significant level: Mitigation Measure AIR-2: Implement Mitigation Measure AIR-1. Operation Period Impacts. Based on the results of the URBEMIS v9.2.4 air quality modeling, operation of the proposed project would not be expected to result in significant levels of air pollutants or pollutant precursors. Therefore, operation of the project would not significantly cumulative contribute to pollution levels in the air basin. d)Expose sensitive receptors to substantial pollutant concentrations? The project site is adjacent to single-family residences to the east on Kirkdale Drive and Knollwood Drive. Residences are also located as close as 100 feet south of the project site on Sea Gull Way. The Growing Tree Bilingual Montessori School is located approximately 200 feet north of the project site at 12000 Saratoga-Sunnyvale Road. An outdoor play area associated with Growing Tree is located approximately 350 feet north of the project site. These residential and school uses would be consid- ered to contain sensitive receptors: individuals that may be particularly sensitive to the adverse effects of air pollution. No hospitals are located within ¼-mile of the project site. Residents in the vicinity of the project site would be temporarily exposed to diesel engine exhaust during the construction period due to the operation of construction equipment. It is anticipated that one or more construction vehicles, including graders and bulldozers, would be located within the project site at any given time (some or all of which would be active). The construction period would be expected to last approximately 9 to 12 months. Refer to the Project Description at the beginning of this Initial Study for more information about construction activities. According to the BAAQMD CEQA Air Quality Guidelines significance criteria, any proposed project that would expose persons to substantial levels of TACs resulting in: (a) a cancer risk level greater than 100 in a million, (b) a non-cancer risk (chronic or acute) hazard index greater than 10.0, or (c) an increase of greater than 0.8 micrograms per cubic meter of annual average PM2.5 through the siting of a new source or a new receptor would be considered to have a significant cumulative air quality impact. The use of construction equipment on the project site, such as front-end loaders, backhoes, cranes, forklifts and trucks would result in diesel emission exhaust, including diesel particulate emissions. The project site is located in an urban area in close proximity to existing residential uses. A Health Risk Assessment (HRA) for project construction was prepared and is available for review at the City of Saratoga Community Development Department. The analysis takes into account the assumed proposal of WVMA, an approximately 30,000 sq. ft. structure containing religious, office, and retail uses. To estimate the potential cancer risk from vehicle engine exhaust (including diesel particulate matter) associated with construction of the proposed projects, a dispersion model was used to translate an emission rate from the source location to a concentration at the receptor location of interest (i.e., the nearest residence or sensitive receptor). Dispersion modeling varies from a simpler, 61 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 33 more conservative screening-level analysis to a more complex and refined detailed analysis. This assessment was conducted using the Air Resources Board (ARB) health risk model, Hot-Spots Analysis and Reporting Program (HARP), with the air dispersion modeling performed using the EPA dispersion model ISCST3. The model provides a detailed estimate of exhaust concentrations based on site and source geometry, source emissions strength, distance from the source to the receptor, and site-specific meteorological data. As shown in the HRA, construction of the proposed projects would not expose sensitive receptors in the vicinity of the project site to substantial pollutant concentrations and therefore construction impacts would be less than significant. Operation of the proposed project would not be a source of air pollutants; therefore, operation of the project would also not expose sensitive receptors to substantial pollutant concentrations. e)Create objectionable odors affecting a substantial number of people? Implementation of the proposed project would not result in the removal or disturbance of large quantities of saturated or hydric soils with high proportions of organic matter that would cause objectionable odors when the soil dries. Other components of the proposed project, including the operational use of new office, retail, preschool and after-school learning, and parking uses would not create long-term objectionable odors. Finally, odors resulting from the combustion of diesel during construction could create objectionable odors. However, these odors would subside once project construction is concluded. The project site is not located in close proximity to a wastewater treatment plant, landfill, or other high odor-generating facility. Therefore, employees and visitors of the future project site would not be exposed to significant odor sources and this impact would be considered less than significant. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact IV.BIOLOGICAL RESOURCES. Would the project: a)Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?     b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?     62 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 34 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) Through direct removal, filling, hydrological interruption, or other means?     d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery site?     e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?     f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or State habitat conservation plan?     a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? The project site has been developed with urban uses since at least 1961 and has low wildlife habitat value. Wildlife species that would be expected to use or pass through the site are common species that are adapted to urban and suburban conditions, and would not be adversely affected by redevelopment of the project site (which would include removal of shrubs – mostly non-native – on the perimeter of the site). No protected species are known to occur in the project site. Therefore, implementation of the proposed project would not have a substantial direct or indirect effect on protected species. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No riparian habitat or wetlands are located within or in the immediate vicinity of the project site. The nearest creek to the project site is Calabazas Creek, which flows under Saratoga-Sunnyvale Road approximately 1,000 feet north of the project site.9 The creek is culverted generally south of Prospect Road and north of Oak Creek Lane. Development on the project site would not measurably affect the water quality of Calabazas Creek – or other local creeks – because the site is currently almost entirely 9 Santa Clara Valley Water District, 2011. Comprehensive Water Resources Management Plan. Website: www.valleywatercompplan.org/cities/view/365#intro. July 6. 63 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 35 covered with impervious surfaces and, under existing conditions, contribute small amounts of polluted runoff to Calabazas Creek. The installation of additional landscaping and pervious surfaces on the site (compared to existing conditions) would likely slightly reduce polluted runoff on the site. c)Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Federally-protected wetlands, as defined by Section 404 of the Clean Water Act, are not located in the project site. d)Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery site? Based on a review of historic topographical maps and aerial photographs, the project site has been subject to human disturbance since at least 1956, when orchards and other farmland covered the project site and their vicinity. As a result, wildlife associated with the project site is adapted to disturbed urban conditions and would not be substantially affected by the proposed project. The project site are located approximately 1.3 miles to the east of the Fremont Older Open Space Preserve and other nearby open space areas, which provide an important migratory corridor for wildlife (as does the riparian corridor surrounding Calabazas Creek). However, the effects of the proposed project would be generally confined to their respective site, and would not compromise the use of local native wildlife corridors. No native wildlife nursery sites are known to occur in the project site. Implementation of the proposed project would require the removal of limited vegetation around the perimeter of the site. This vegetation, and portions of the existing buildings (particularly those that are currently unoccupied), could be used by wildlife species that are adapted to urban conditions; however, the removal of vegetation and the demolition of site buildings would not be expected to result in long-term adverse impacts to populations of these wildlife species. Therefore, implementation of the proposed project would not substantially interfere with the movement of native or migratory wildlife species, or adversely affect native resident or migratory wildlife corridors or native nursery site. e)Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? The proposed project would result in the removal of small shrubs and two trees, not protected by City Code, from the project site. No arborist report has been required for the project site, as there are no protected trees located on the site. Therefore, implementation of the proposed project would not conflict with any local policies protecting biological resources. f)Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or State habitat conservation plan? 64 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 36 The project site is not subject to a habitat conservation plan or natural community conservation plan. The Santa Clara Valley Habitat Conservation Plan/Natural Communities Conservation Plan does not include land in the City of Saratoga. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact V. CULTURAL RESOURCES. Would the project: a)Cause a substantial adverse change in the significance of a historical resource as defined in '15064.5?   b)Cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5?   c)Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?   d) Disturb any human remains, including those interred outside of formal cemeteries?   The Santa Clara Valley was most likely settled by native Californians somewhere between 12,000 and 6,000 years ago. People first entered into California in the Paleoindian period (11,500 to 10,000 years before the present). These people are thought to have subsisted mainly on big game and to a lesser extent on processed plant foods, with minimal trade networks. The level of human populations during the Paleoindian period in the vicinity of the project site was low and probably consisted of small groups moving frequently in order to exploit plant and animal resources. The town of Saratoga originated in 1848 with the construction of a sawmill approximately 2.5 miles west of what is now Saratoga Village. Industry, including a tannery grist mill, and paper and paste- board mills developed in Saratoga in the 1860s, followed by a resort. Around the same time, agriculture grew in economic importance in the area. Prior to development with urban uses, the site and its surroundings were developed with orchards and other agricultural uses. The orchards likely grew apricots or prunes, which were common crops in Saratoga and were intensively farmed in Saratoga through the 1940s. By 1968, the project site and much of the surrounding area had been converted from farmland to commercial and residential uses. The structures on the 12250 Saratoga-Sunnyvale Road site were developed in approximately 1961. a)Cause a substantial adverse change in the significance of a historical resource as defined in '15064.5? No historic structures are located within the project site. The structures currently within the site, which date from approximately 1961, are typical of buildings constructed in the post-World War II era and would not be considered historic resources. 65 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 37 Other potential historic resources are not anticipated to be discovered during construction, due to the developed condition of the site and the past use of the site for farming. However, it is always possible that such resources could be identified during the project construction period. Impacts to unidentified resources could be significant. If resources are discovered, the following mitigation measure shall be implemented, which would reduce this potential impact to a less-than-significant level: Mitigation Measure CULT-1: If deposits of prehistoric or historic archaeological materials are encountered during project construction activities, all work within 25 feet of the discovery shall be stopped and a qualified archaeologist shall be contacted to assess the finds and make recommendations. If such deposits cannot be avoided, they shall be evaluated for California Register of Historical Resources eligibility. If the deposits are not eligible, avoidance is not necessary. If the deposits are eligible, they shall be avoided by project construction activities, or such effects shall be mitigated to a less-than-significant level. Upon completion of the archaeo- logical assessment, the archaeologist shall prepare a report documenting methods and results of the assessment, and shall provide recommendations for the treatment of archaeological materi- als discovered. The report shall be submitted to the City of Saratoga and the Northwest Information Center at Sonoma State University. b)Cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5? Due to the developed condition of the site and its distance from Calabazas Creek (and other local waterways where prehistoric activity was clustered), the site is unlikely to contain intact archaeological resources. However, archaeological materials could occur on the site in association with past agricultural activities (although historic agricultural debris would be unlikely to be considered a significant historic resource). Nevertheless, impacts to archaeological resources could be significant. Implementation of the following mitigation measure would reduce this impact to a less- than-significant level: Mitigation Measure CULT-2: Implement Mitigation Measure CULT-1. c)Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? The project site contains alluvium deposits, which may contain fossils. However, it is unlikely that fossils considered significant would be encountered on the site because of past development activity (which likely disrupted existent fossils). However, fossils may occur on the site and damage to fossils could be considered a significant environmental impact. Implementation of the following mitigation measure would reduce this potential impact to a less-than-significant level: Mitigation Measure CULT-3: If paleontological resources are discovered during project con- struction activities, all work within 25 feet of the discovery shall be redirected until a paleon- tological monitor has assessed the situation and made recommendations regarding their treatment. It is recommended that adverse effects to paleontological resources be avoided by project activities. If avoidance is not feasible, the paleontological resources shall be evaluated for their significance. If the resources are not significant, avoidance is not necessary. If the resources are significant, they shall be avoided, or such effects shall be mitigated. Mitigation 66 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 38 shall consist of data recovery, report preparation, fossil curation, and public outreach. The report documenting the methods and results of monitoring shall be submitted both to the City of Saratoga and to the paleontological repository to which the fossils would be offered for curation, such as the University of California Museum of Paleontology, upon project completion. d)Disturb any human remains, including those interred outside of formal cemeteries? Section 7050.5 of the California Health and Safety Code states that in the event of discovery or recog- nition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined whether or not the remains are subject to the coroner’s authority. No human remains, including Native American remains, are anticipated to exist within the project site. However, it is always possible that such human remains could be identified during the project construction period. Impacts to human remains could be significant. Implementation of the following mitigation measure would reduce this impact to a less-than-significant level: Mitigation Measure CULT-4: If human remains are encountered, work within 25 feet of the discovery shall be redirected and the County Coroner notified immediately. At the same time, an archaeologist shall be contacted to assess the situation. Project personnel shall not collect or move any human remains or associated materials. If the human remains are of Native American origin, the Coroner shall notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify a Most Likely Descendant to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. Upon completion of the assessment, the archaeologist shall prepare a report documenting the methods and results of the assessment, and provide recommendations for the treatment of the human remains and any associated cultural materials, as appropriate and in coordination with the recommendations of the Most Likely Descendent. The report shall be submitted to the City of Saratoga and the Northwest Information Center. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact VI.GEOLOGY AND SOILS. Would the project: a)Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:    67 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 39 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.     ii) Strong seismic ground shaking?   iii)Seismic-related ground failure, including liquefaction?   iv) Landslides?    b) Result in substantial soil erosion or the loss of topsoil?   c)Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?     d) Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating substantial risks to life or property?    e)Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?     The project site is situated in urban land approximately 1.5 miles east of the foothills of the Santa Cruz Mountains in the Saratoga Gap on the western edge of the Santa Clara Valley. The site is relatively level and located at approximately 320 feet above sea level. The dominant soil type in the area is Botella, consisting of surface clay loam underlain by silty clay loam and sandy clay loam. Geologically, the project site is situated on older alluvial deposits, which are Late Pleistocene in age (deposited between 70,000 years ago and 10,000 years ago), and Holocene (10,000 years ago to recent) alluvial fan deposits.10 10 Wagner, D.L., E.J. Bortugno, and R.D. McJunkin, 1990. Geologic Map of the San Francisco-San Jose Quadrangle, California, 1:250,000. Regional Geologic Map Series, San Francisco-San Jose Quadrangle-Map No. 5A. (Sacramento: California Division of Mines and Geology). 68 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 40 a)Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?; ii) Strong seismic ground shaking; iii) Seismic-related ground failure, including liquefaction; and iv) Landslides? i)Fault Rupture. The project site is not located within an Alquist-Priolo Special Studies Zone designated by the State. Therefore, the risk of fault rupture at the project site is less than significant. ii)Ground Shaking. Because it affects a much broader area, ground shaking, rather than surface fault rupture, is the cause of most damage during earthquakes. Three major factors affect the severity (intensity) of ground shaking at a site in an earthquake: the size (magnitude) of the earthquake; the distance to the fault that generated the earthquake; and the geologic materials that underlie the site. Thick, loose soils, such as bay mud, tend to amplify and prolong ground shaking. Seismic ground shaking associated with a large earthquake on either the San Andreas Fault or Monte Vista/Shannon Fault is considered to be a hazard on the project site, and could damage the proposed structure. In 2003, the Working Group on California Earthquake Probabilities, in conjunction with the United States Geological Survey, found that there is a 62 percent probability that at least one magnitude 6.7 or greater earthquake will occur in the Bay Area between 2003 and 2032. Earthquakes on any of the faults within the Bay Area could cause strong ground shaking at the project site depending on the magnitude of the earthquake, the distance of the project site from the earthquake epicenter, the type of geologic materials that underlie the site, and other factors. Because it affects a much broader area, ground shaking, rather than surface fault rupture, is the cause of most damage during earthquakes. The project is likely to be subject to earthquakes during their operation period. Structural damage to buildings results from the transmission of earthquake-induced vibrations through the ground. The Uniform Building Code (UBC) Chapter 16, Division IV Earthquake Design requires that a structure be designed using certain earthquake design criteria. iii)Ground Failure and Liquefaction. Ground failure hazards of potential concern at the site include earthquake-induced settlement and lurching. All of these hazards involve a displacement of the ground surface resulting from a loss of strength or failure of the underlying materials due to ground shaking. Soil liquefaction is a phenomenon primarily associated with saturated soil layers located close to the ground surface. These soils lose strength during ground shaking. Due to the loss of strength, the soil acquires a “mobility” sufficient to permit both horizontal and vertical movements. Soils that are most susceptible to liquefaction are clean, loose, uniformly graded, saturated, fine-grained sands that lie relatively close to the ground surface. However, loose sands that contain a significant amount of fine sediments (silt and clay) may also liquefy. The clay loams that underlie the project site is not expected to be susceptible to liquefaction. 69 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 41 Ground shaking can also induce settlement and densification of loose granular soils above the water table. Lurching, or lurch cracking, is the cracking of the ground surface in soft, saturated material as a result of earthquake-induced ground shaking. There is a potential for lurching and differential compaction on the project site due to earthquakes. iv)Landslides. The project site is located in a valley and are not immediately adjacent to steep hillside slopes. Therefore, the project site is not susceptible to significant landslides that would cause a risk to human safety. Implementation of the following mitigation measure would reduce the impact of ground shaking, lurching, and differential compaction to a less-than-significant level: Mitigation Measure GEO-1: After finalization of project plans, a site-specific geotechnical report (that evaluates all portions of the project site) shall be prepared for the proposed project. All recommendations of the geotechnical report shall be incorporated into the project. b)Result in substantial soil erosion or the loss of topsoil? Exposed soils on the site could be exposed to erosion (although erosion potential is reduced by the flat topography of the site). The potential for soil erosion exists during the period of earthwork activities and between the time when earthwork is completed and new vegetation is established or hardscape is installed. A Storm Water Pollution Prevention Plan (SWPPP) is a routine requirement of projects requiring grading permits. The SWPPP identifies best management practices to protect the quality of storm water runoff. Implementation of the following mitigation measure would reduce impacts on soil erosion or loss of topsoil to a less-than-significant level: Mitigation Measure GEO-2: Implement Mitigation Measure HYD-1. c)Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? The project site is not prone to liquefaction, or other forms of ground-failure, and are not within a landslide hazard area. Therefore, the project would not be constructed on geologic materials that are unstable or otherwise prone to collapse. d)Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? The clay loam soils underlying the project site have the potential to expand and could cause displacement and cracking of proposed building foundation. Expansion could particularly be a problem for proposed structure on the project site during seasonal changes in moisture content. Implementation of the following mitigation measure would reduce impacts associated with soil expansion to a less-than-significant level: Mitigation Measure GEO-3: Implement Mitigation Measure GEO-1. 70 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 42 e)Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Sewer infrastructure is available on the site and septic tanks or alternative wastewater disposal systems would not be used as part of the project. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact VII. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?     b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?     a)Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Emissions estimates for the proposed project are discussed below and were calculated consistent with the methodology recommended in the BAAQMD’s CEQA Air Quality Guidelines dated May 2011. Estimates of future GHG emissions do not account for all changes in technology that may reduce such emissions; therefore, the estimates are based on past performance and represent a scenario that is believed to be worse than that which is likely to be encountered (i.e., after energy-efficient technolo- gies have been implemented). GHG emissions associated with implementation of the proposed project would occur over the short term from construction activities, consisting primarily of emissions from equipment exhaust. There would also be long-term regional emissions associated with vehicular traffic, energy consumption, and area sources (e.g., hearth, landscape equipment) within the project site and their vicinity. Construction GHG Emissions. Construction activities would produce combustion emissions from various sources. During construction of the project, GHGs would be emitted through the operation of construction equipment and from worker and builder supply vendor vehicles, each of which typically uses fossil-based fuels to operate. The combustion of fossil-based fuels creates GHGs such as CO2, CH4, and N2O. Furthermore, CH4 is emitted during the fueling of heavy equipment. Exhaust emissions from on-site construction activities would vary daily as construction activity levels change. The BAAQMD does not have an adopted threshold of significance for construction-related GHG emissions. However, lead agencies are encouraged to quantify and disclose GHG emissions that would occur during construction. 71 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 43 Using the URBEMIS 2007 model, the total construction emissions generated by the proposed project would be approximately 141 tons of CO2. This figure was based on the construction of both the Commercial Learning Center and the assumed West Valley Muslim Association Center. Implementation of the construction emission control measures in Mitigation Measure AIR-1 would reduce GHG emissions during the construction period, which would reduce construction GHG emissions to a less-than-significant level. Operational GHG Emissions. The URBEMIS 2007 model and the BAAQMD GHG model called BGM were used to determine the project’s GHG emissions. The model outputs are available for review at the City of Saratoga Community Development Department. Results of the BGM model indicate that the total project operational emissions would be approximately 626.69 metric tons of CO2eq per year. Table 4: Project Greenhouse Gas Emissions Emission Source Emissions (Metric Tons Per Year) CO2 CH4 N2O CO2eq Percent of Total Transportation -- -- -- 382.91 61% Area Sources 16.3 0.06 0 0.57 <1% Electricity 90.7 0 0 100.74 16% Natural Gas 88 0.01 0 50.17 8% Waste & Wastewater 6.52 0 0 2.05 <1% Solid Waste 0.35 2.3 -- 90.25 14% Total Annual Emissions -- -- -- 626.69 100.00 BAAQMD Threshold -- -- --1,100 -- Exceed Threshold? -- -- --No -- Note: Column totals may vary slightly due to independent rounding of input data. -- Estimates not available for this pollutant and/or category, or not applicable. Source: LSA Associates, Inc. July 2011, as modified by the City of Saratoga to reflect the current project The results indicate that implementation of the proposed project would not result in significant GHG emissions, as shown in Table 4. Therefore, the emissions during the operational phase of the project would be considered less-than-significant. b)Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? Federal Regulations. Currently there are no adopted federal regulations to control global climate change. However, authority has been granted to the EPA that may change the voluntary approach to address this issue. On April 2, 2007, the United States Supreme Court ruled that the U.S. EPA has the authority to regulate CO2 emissions under the federal Clean Air Act (CAA). State Regulations. In June 2005, then-Governor Schwarzenegger established California’s GHG emissions reduction targets in Executive Order S-3-05. The Executive Order established the following goals for the State of California: GHG emissions should be reduced to 2000 levels by 2010; GHG emissions should be reduced to 1990 levels by 2020; and GHG emissions should be reduced to 80 percent below 1990 levels by 2050. 72 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 44 California’s major initiative for reducing GHG emissions is outlined in Assembly Bill 32 (AB 32), the “Global Warming Solutions Act,” passed by the California State legislature on August 31, 2006. This effort aims at reducing GHG emissions to 1990 levels by 2020. The ARB has established the level of GHG emissions in 1990 at 427 million metric tons (MMT) of CO2eq. The emissions target of 427 MMT requires the reduction of 169 MMT from the State’s projected business-as-usual 2020 emissions of 596 MMT. AB 32 requires ARB to prepare a Scoping Plan that outlines the main State strategies for meeting the 2020 deadline and to reduce GHGs that contribute to global climate change. The Scoping Plan was approved by ARB on December 11, 2008, and includes measures to address GHG emission reduction strategies related to energy efficiency, water use, and recycling and solid waste, among other measures.11 Emission reductions that are projected to result from the recommend- ed measures in the Scoping Plan are expected to total 174 MMT of CO2eq, which would allow Calif- ornia to attain the emissions goal of 427 MMT of CO2eq by 2020. The Scoping Plan includes a range of GHG reduction actions that may include direct regulations, alternative compliance mechanisms, monetary and non-monetary incentives, voluntary actions, and market-based mechanisms such as a cap-and-trade system. The measures in the Scoping Plan will not be binding until after they are adopted through the normal rulemaking process and therefore are only recommendations at this time. The ARB rulemaking process includes preparation and release of each of the draft measures, and public input through workshops and a public comment period, followed by an ARB Board hearing and rule adoption. Project Impacts. The California Environmental Protection Agency Climate Action Team (CAT) and the ARB have developed several reports to achieve the Governor’s GHG targets that rely on volun- tary actions of California businesses, local government and community groups, and State incentive and regulatory programs. These include the CAT’s 2006 “Report to Governor Schwarzenegger and the Legislature,” ARB’s 2007 “Expanded List of Early Action Measures to Reduce Greenhouse Gas Emissions in California,” and ARB’s “Climate Change Proposed Scoping Plan: a Framework for Change.” The reports identify strategies to reduce California’s emissions to the levels proposed in Executive Order S-3-05 and AB 32. The adopted Scoping Plan includes proposed GHG reductions from direct regulations, alternative compliance mechanisms, monetary and non-monetary incentives, voluntary actions, and market- based mechanisms such as cap-and-trade systems. In addition to reducing GHG emissions to 1990 levels by 2020, AB 32 directed ARB to identify a list of “discrete early action GHG reduction measures” that can be adopted and made enforceable by January 1, 2010. In June 2007 ARB approved a list of 37 early action measures, including three discrete early action measures (Low Carbon Fuel Standard, Restrictions on High Global Warming Potential Refrigerants, and Landfill Methane Capture). Discrete early action measures are measures that are required to be adopted as regulations and made effective no later than January 1, 2010, the date established by Health and Safety Code (HSC) Section 38560.5. The ARB adopted additional early action measures in October 2007 that tripled the number of discrete early action measures. ARB’s focus in identifying the 44 early action items was to recommend measures that ARB staff concluded were “expected to yield significant GHG emission reductions, [and] are likely to be cost- 11 California Air Resources Board, 2008. Climate Change Proposed Scoping Plan: a framework for change. October. 73 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 45 effective and technologically feasible.” The combination of early action measures is estimated to reduce State-wide GHG emissions by nearly 16 MMT. Accordingly, the 44 early action items focus on industrial production processes, agriculture, and transportation sectors. Early action items associated with industrial production, transportation, and agriculture do not apply to the proposed project (which do not include such uses). The proposed project would result in the development of commercial uses. The proposed project would thus not conflict with the State goal of reducing GHG emissions and would not conflict with the AB 32 Scoping Plan or the early action measures. The project would be subject to all applicable permit and planning requirements in place or adopted by the City of Saratoga. Therefore, the proposed project would not conflict with plans or policies related to the reduction of greenhouse gas emissions. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact VIII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a)Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?     b)Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?     c)Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?     d) Be located on a site which is included on a list of hazardous materials site compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?     e)For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?     74 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 46 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact f)For a project located within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area?     g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?     h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?     The following section is based on the Phase I Environmental Assessment Report for 12250-12260 Saratoga-Sunnyvale Road, Saratoga, CA 95070, prepared by ACS Associates in 2011. The report was based on: a site reconnaissance; a survey of on-site and adjacent land uses; interviews with the owners of the site; review of governmental records regarding potential hazardous materials releases on the site; a review of City of Saratoga building department permits and a tenant check; and a review of historic topographical maps and aerial photos. a)Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Implementation of the proposed project would result in the construction of one building containing a mixture of uses, including commercial and institutional uses. Although small quantities of commercially-available hazardous materials could be used within the proposed building and in landscaped areas in the project site, these materials would not be used in sufficient quantities to pose a threat to human or environmental health. All toxic materials used during the construction and operation period would be required to be handled in compliance with hazardous materials regulations. Therefore, implementation of the proposed project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. b)Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? The project site does not contain significant soil contamination, although site buildings may contain lead and asbestos, which would require remediation. The following discussion includes a description of three potential sources of contamination on the site: 1) existing land uses; 2) historic land uses; 3) an underground storage tank; and 4) lead- and asbestos-containing building materials. 75 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 47 Existing Land Uses. The project site is currently occupied with a mixture of commercial and indus- trial tenants, including construction, masonry, and landscaping. ACS Associates inspected the project site for signs of potential hazardous materials contamination, including stressed vegetation, staining, electrical transformers, underground storage tanks, and canisters of fuels, solvents and similar materials. ACS identified no evidence of contamination on the site. According to the Phase I Report, the presence of these materials does not pose a health risk associated with future redevelopment of the site. In addition, interviews with the existing owners of the site indicated that there are no known sources of contamination currently on the site. A leaking underground storage tank on the 12250 Saratoga-Sunnyvale Road site was closed in 2005. Existing land uses surrounding the site (including medical office, aquatic facility, and residential uses) are not of a type that typically generates hazardous materials releases that would pose a risk to future occupants of the project site. The ground surfaces of these adjacent areas do not show signs of surface staining or discoloration that would indicate the release of hazardous materials. As identified above, in 2005, a leaking underground storage tank was identified at 12250 Saratoga-Sunnyvale Road, to the north of the project site. This leaking tank resulted in localized soil and groundwater contamination, including contamination with petroleum hydrocarbons, benzene, toluene, ethylbenzene, and xylene. After remediation of associated contamination, the case was closed by the Santa Clara County Department of Environmental Health in 2007 and the site does not pose a health risk to future occupants of the project site. Historic Land Uses. Prior to the widespread development of urban uses within and in the vicinity of the project site in 1961, the area was occupied by agricultural uses. Because agricultural chemicals were last applied on the site over 40 years ago, they are not expected to result in adverse health effects. Historic tenants on the site included retail stores, contractors, and other commercial tenants. These tenants are not of a type that typically generate large quantities of hazardous materials. In addition, government records indicate no outstanding hazardous materials releases associated with past tenants of the site. Therefore, historic land uses are not anticipated to have released a substantial amount of contaminants into the site or surrounding areas. Lead, Asbestos and Polychlorinated Biphenyls. All of the permanent structures on the project site were constructed prior to the 1980s, and therefore may contain lead-based paint and/or asbestos- containing materials. Demolition of the structures on the project site could release lead particles and asbestos fibers into the air, where they could potentially pose a health risk to construction workers and the general public. Implementation of the following mitigation measure would reduce the impacts of exposure to lead- based paint to a less-than-significant level: Mitigation Measure HAZ-1: Prior to demolition of structures on the site, a comprehensive United States Environmental Protection Agency/United States Department of Housing and Urban Development (EPA/HUD)-Level Lead Based Paint Survey shall be conducted. If any lead-based paint is identified, it shall be removed from the site in accordance with all applicable regulations, including Occupational Safety and Health Administration (OSHA) guidelines. Implementation of the following mitigation measure would reduce the impacts of exposure to asbestos-containing materials to a less-than-significant level: 76 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 48 Mitigation Measure HAZ-2: Prior to demolition of structures on the site, a complete Asbestos Hazard Emergency Response Act-Level Pre-Demolition Asbestos Survey shall be conducted. If asbestos is identified, a licensed asbestos abatement contractor shall be retained to abate identi- fied asbestos-containing material in accordance with all applicable regulations. No fluorescent ballasts, transformers, or other similar materials were identified within the project site. Therefore, the site would not be expected to contain polychlorinated biphenyls (PCBs). c)Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? The nearest schools to the project site are Blue Hills Elementary School (approximately 1,750 feet to the east of the site) and Growing Tree Bilingual Montessori Preschool (approximately 200 feet north of the site). No schools are planned in the vicinity of the project site. The proposed project include the construction of a mixture of uses, and would not result in the routine use, transport, or disposal of substantial quantities of hazardous materials. However, the proposed project has the potential to expose sensitive receptors, including students and residents around the project site, to lead-based paint and asbestos-containing materials. Implementation of the following mitigation measure would reduce this impact to a less-than-significant level: Mitigation Measure HAZ-3: Implement Mitigation Measures HAZ-1 and HAZ-2. d)Be located on a site which is included on a list of hazardous materials site compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No active sources of contamination on the project site are listed in any of the hazardous materials/ contaminated site lists compiled pursuant to Government Code Section 65962.5. e)For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? The Santa Clara County Airports Administration operates and maintains three general aviation airports – Reid-Hillview Airport, Palo Alto Airport, and South County Airport – within the cities of San Jose and Palo Alto, and the town of San Martin, respectively. Mineta San Jose International Airport is in the City of San Jose. Moffett Field is in the City of Mountain View. Each of these airports is a minimum of 7 miles from the project site. The project site is not located within the safety zones for any of these public airports, according to the Santa Clara County Airport Land Use Commission.12 f)For a project located within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 12 Santa Clara County Airport Land Use Commission, 1992. Land Use Plan for Areas Surrounding Santa Clara County Airports. Amended 2005. 77 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 49 The project site are not located in the vicinity of an existing private airstrip. Therefore, the proposed project would not result in a private airstrip-related safety hazard for occupants of the site. g)Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? The proposed project would not alter access on any of the streets adjacent to the project site, includ- ing Saratoga-Sunnyvale Road. Adequate pedestrian and vehicle connections would be established between Saratoga-Sunnyvale Road and proposed building. Therefore, the proposed project would not impair or interfere with an adopted emergency response plan. h)Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Based on the Wildland Urban Interface Fire Threat Map prepared by the CAL FIRE and the City of Saratoga, the project site is located at the eastern edge of an area at risk for wildfire hazards. This high risk community comprises much of the predominantly residential neighborhoods immediately adjacent to the Santa Cruz Mountains, including much of Saratoga.13 The risk in this area is increased due to the proximity of regional open space, much of which is forested and susceptible to wildfires. The Santa Clara County Firesafe Council recommends that buildings in areas prone to wildfire hazards be surrounded by a 30-foot buffer that contains a small amount of flammable vegetation, contains no dead vegetation or other flammable debris, and contains plants that are healthy and green during the fire season.14 The design of the proposed project would generally adhere to this guidance and would not be expected to contribute to wildland fire hazards or otherwise expose occupants of the site to significant adverse risks of wildfire. Therefore, the impact of the project on wildland fire risks would be less than significant. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact IX. HYDROLOGY AND WATER QUALITY. Would the project: a)Violate any water quality standards or waste discharge requirements?    13 City of Saratoga, 2010. Wildland Urban Interface Fire Threat. Website: http//www.saratoga.ca.us/cityhall/cmo/emprepinfo/wildfire.asp / (accessed April 4, 2013). 14 Santa Clara County Firesafe Council, 2007. Living With Fire in Santa Clara County: A Guide for Homeowners. July. 78 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 50 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)?     c)Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site?     d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- site?     e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?     f)Otherwise substantially degrade water quality?    g)Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?     h)Place within a 100-year flood hazard area structures which would impede or redirect flood flows?    i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding of as a result of the failure of a levee or dam?     j) Inundation by seiche, tsunami, or mudflow?    a)Violate any water quality standards or waste discharge requirements? 79 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 51 The proposed project includes the construction and operation of one building containing a mixture of uses. Impacts to the quality of surface water would occur both during the construction phase (which would require disturbance of soils on the site) and the operation phase (when the buildings are occupied with tenants), as described below. Construction Phase. The proposed project would result in ground disturbance on approximately 1.0 acres. Ground disturbance, if not managed properly, can generate polluted runoff and contribute to the sedimentation of waterways (including nearby Calabazas Creek). Ground-disturbing activities on the site would include the removal of paving, grading, soil import/export, and construction. The proposed project would require approximately 8611 cubic yards of excavation to construct the underground garage. The construction of the project would also result in the potential for chemical releases at the site. These chemicals, which include substances in the fuels, oils, paints, and solvents commonly used at construction site, could be transported in surface runoff and adversely affect water quality. Operation Phase. The development of the proposed project (including driveways and parking areas) would result in the regular use of motor vehicles on the project site, with attendant vehicle use and the potential discharge of associated pollutants. Leaks of fuel or lubricants, tire wear, break dust, and fallout from exhaust could contribute petroleum hydrocarbons, heavy metals, and sediment to the pollutant load in surface runoff. A portion of this surface runoff could ultimately be deposited into Calabazas Creek and other downstream water bodies (including San Francisco Bay). After implemen- tation of the proposed project, impervious surface coverage of the site is expected to be reduced slightly, allowing for increased infiltration of surface runoff. Applicable Regulations. Any project in the State of California that disturbs more than 1 acre of land during construction is required to file a Notice of Intent (NOI) with the appropriate Regional Water Quality Control Board (RWQCB) to be covered under the State National Pollutant Discharge Elimi- nation System (NPDES) General Permit for Discharges of Storm Water Associated with Construction Activity, commonly referred to as the Construction General Permit (CGP). The permit covers dis- charges of storm water associated with construction activity. A developer must implement control measures that are consistent with the CGP. A Storm Water Pollution Prevention Plan (SWPPP) must be developed and implemented for each site covered by the CGP. The SWPPP must contain a site map which shows the construction site perimeter, existing and proposed buildings, lots, roadways, storm water collection and discharge points, general topography both before and after construction, and drainage patterns across the project site. The SWPPP must list Best Management Practices (BMPs) the discharger will use to protect the quality of storm water runoff, and the placement of those BMPs. Additionally, the SWPPP must contain: a visual monitoring program; a chemical moni- toring program for “non-visible” pollutants to be implemented if there is a failure of BMPs; and a sediment monitoring plan if the site discharges directly to a water body listed on the Water Board’s 303(d) list for sediment. The project sponsor would be required to file an NOI and all associated materials because the project would disturb more than 1 acre of land. The San Francisco Bay RWQCB issued to an association of 13 cities and towns in the Santa Clara Valley (including the City of Saratoga), the County of Santa Clara, and the Santa Clara Valley Water District a Municipal National Pollutant Discharge Elimination System (NPDES) permit. The Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) maintains compliance with the NPDES Storm Water Discharge Permit and promotes storm water pollution prevention within that context. Compliance with the NPDES permit is mandated by State and federal statutes and regula- 80 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 52 tions. Participating agencies (including the City of Saratoga) must comply with the provisions of the NPDES permit and its amendments by ensuring that new development and redevelopment mitigate, to the maximum extent practicable, water quality impacts to storm water runoff during both the construction and operation period of the project. Implementation of the following mitigation measure would ensure that the proposed project (includ- ing both construction and operation phases) would not result in a substantial degradation of the quality of Calabazas Creek or other receiving waters, and that water quality standards would not be violated: Mitigation Measure HYD-1: The project sponsor shall implement the following measures The project sponsor shall prepare a Storm Water Pollution Prevention Plan (SWPPP) designed to reduce potential impacts to surface water quality through the construction of the proposed project. It is not required that the SWPPP be submitted to the Regional Water Quality Control Board (RWQCB), but it must be maintained on-site and made available to RWQCB or City staff upon request. The SWPPP shall include specific and detailed Best Management Practices (BMPs) designed to mitigate construction-related pollutants. At a minimum, BMPs shall include practices to minimize the contact of construction materials, equipment, and maintenance supplies (e.g., fuels, lubricants, paints, solvents, and adhesives) with storm water. The SWPPP shall specify properly-designed centralized storage areas that keep these materials out of the rain and away from surface runoff. BMPs designed to reduce erosion of exposed soil may include, but are not limited to: soil stabili- zation controls, watering for dust control, perimeter silt fences, fiber rolls, and sediment basins. End-of-pipe sediment control measures (e.g., basins and traps) shall be used only as secondary measures. Ingress and egress from the construction site shall be carefully controlled to minimize off-site tracking of sediment. Vehicle and equipment wash-down facilities shall be designed to be accessible and functional during both dry and wet conditions. The SWPPP shall specify a monitoring program to be implemented by the construction site supervisor, and shall include both dry and wet weather inspections. The project sponsor shall incorporate BMPs into the design of the project to reduce potential impacts to surface water quality. These features shall be included in the drainage plan and final development drawings for the proposed project. Specifically, the final design shall include measures designed to mitigate potential water quality degradation of runoff from all portions of the completed developments and minimize adverse impacts to down- stream water quality. b)Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? The project site is almost entirely covered in impervious surfaces, and the coverage of pervious surfaces is expected to increase slightly as part of the project (increasing the infiltration of stormwater runoff into the groundwater table). The project would not involve the use of local groundwater 81 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 53 supplies (e.g., through installation and pumping of water supply wells) and therefore would not cause any lowering of the groundwater table as a result of groundwater extraction. c)Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? The proposed project would involve minimal site grading, as the project site is currently flat and suitable for redevelopment. The project would slightly increase pervious surfaces on the site, resulting in increased infiltration of stormwater runoff. However, the existing drainage pattern of the site would remain approximately the same as under existing conditions, and would not result in substantial erosion or siltation off-site. d)Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? The existing drainage pattern of the project site would remain approximately the same as under existing conditions and the project would not involve the alteration of a stream or river. The project would slightly increase pervious surface coverage within the site, allowing for increased infiltration of stormwater and an incremental reduction in the potential for localized flooding. e)Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Because the proposed project would increase the coverage of pervious surfaces on the site, infiltration of runoff would increase compared to existing conditions, reducing reliance on the stormwater drainage system. The mixed uses proposed as part of the project would not contribute substantial additional sources of polluted runoff due to their scale and use characteristics. f)Otherwise substantially degrade water quality? No other elements of the proposed project would cause substantial degradation of water quality. g)Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? The project site is located within Zone X (500), as mapped by the Federal Emergency Management Agency (FEMA), which is the zone outside the 100-year flood zone and within the 500-year flood zone. Because the project would not involve the construction of housing and would be located outside the 100-year flood zone, they would not place housing at a substantial risk of flooding. h)Place within a 100-year flood hazard area structures which would impede or redirect flood flows? The project site is not located with a 100-year flood hazard area. Therefore, the project would not place structures within a flood zone such that flood flows would be impeded or redirected. 82 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 54 i)Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding of as a result of the failure of a levee or dam? The project site is not located within any mapped dam or levee failure inundation areas.15 Therefore, the project would not expose people or structures to these risks. j)Inundation by seiche, tsunami, or mudflow? The project site is not located near a coastal area or within the vicinity of an enclosed body of water. Therefore, the project site is not susceptible to inundation by tsunami or seiche. In addition, the project site is not adjacent to steep slopes, and so is not subject to mudflow hazards. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact X. LAND USE AND PLANNING. Would the project: a)Physically divide an established community?    b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect?     c)Conflict with any applicable habitat conservation plan or natural community conservation plan?    a)Physically divide an established community? The physical division of an established community would typically involve the construction of large features (such as freeways) that then function as physical or psychological barriers between comm- unities, or the removal of roads (e.g., through the assembly of numerous parcels and the creation of “superblocks”) such that access from one neighborhood to another is diminished. Implementation of the proposed project would result in the demolition of existing structure on the project site and the construction of a new building containing a mixture of uses. The project would not change access patterns around the project site or otherwise restrict traffic flow on Saratoga- Sunnyvale Road or other streets in the vicinity of the project site. Therefore, the proposed project would not divide an established community. 15 Association of Bay Area Governments, 2011. Bay Area Dam Failure Inundation Hazards. Website: www.abag.ca.gov/bayarea/eqmaps/damfailure/damfail.html. 83 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 55 b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? The project site are designated Commercial Retail in the City of Saratoga General Plan. The Commercial Retail designation is designed to allow for the development of commercial areas that “serve the community and their immediate neighborhood,” and that are relatively small in scale. Maximum permitted building coverage is 60 percent, unless a deviation is permitted under an applicable Specific Plan. The General Plan also provides protections for adjacent residential uses and requires that new Commercial Retail uses offer spaces for multiple tenants: “Where a new commercial development is to be located adjacent to or across from an established single-family or multi-family residential use, appropriate landscape buffers shall be required that are at least equal to the setbacks of the adjacent residential district. No single tenant of said development shall exceed 15,000 square feet of floor area.” The proposed project would meet the development standards required in the General Plan land use Commercial Retail Designation. Maximum building coverage of the project would be approximately 26 percent. The project site is bordered by a residential neighborhood with a land use designation of Medium Density Residential to the east. The corresponding zone is Single Family Residential 1- 10,000, which requires a minimum rear setback for interior lots of 25 feet. Rear setbacks of the proposed project would be approximately 130 feet to 140 feet with a landscape buffer of 25 feet, which is required per the City’s General Plan. In addition, interior space within each project would be organized into individual spaces of less than 15,000 square feet. The project site is zoned Commercial – Visitor (CV). This zone permits the following uses by right: professional offices; retail establishments (except restaurants, markets, and similar uses); home occupations; parking lots; accessory structures; and antenna facilities; financial institutions; and personal service businesses. Restaurants, community, institutional, religious and charitable institutions; medical offices and clinics; and mixed uses, and other uses are conditionally permitted. The land uses proposed as part of the project, including office, retail, and day care, would be permitted or conditionally permitted under the City Code. The project would exceed the height limit of 20 feet established for the CV zone. The project would be approximately 24 feet in height. However, the exception to the height limits that would be required as part of the project would not result in substantial adverse impacts to views, or other adverse environmental impacts. As discussed in Section I, Aesthetics, of this Initial Study, the proposed building would not protrude into the viewsheds associated with Saratoga-Sunnyvale Road (surface parking lots and landscaping would preserve viewsheds in the western portions of each lot), or other public viewpoints, and thus would not result in an adverse effect on scenic views. The new, taller structure that would be built on the project site would change the configuration of views on the site, but the availability of such views would change only incrementally, as these views are already partially obstructed by existing urban development on the site and surrounding areas. Because these changes to views would occur on private property and would not infringe on a publicly-accessible view, they would not be considered significant or adverse. Similarly, the proposed building height would not compromise the aesthetic character of the area because appropriate rear setbacks and 84 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 56 landscape buffers would be provided, and because the design of the project would be generally consistent with the Saratoga-Sunnyvale Road Design Guidelines, as summarized in Table 1. c)Conflict with any applicable habitat conservation plan or natural community conservation plan? The project is not subject to a habitat conservation plan or natural community conservation plan. The Santa Clara Valley Habitat Conservation Plan/Natural Communities Conservation Plan does not include land in the City of Saratoga. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XI. MINERAL RESOURCES. Would the project: a)Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State?     b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?     a)Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State? Mineral resources in and around Saratoga are limited primarily to sandstone and shale. No active mines are located in Saratoga, and the project site does not contain known mineral resources. No historic mining activities are evident on the project site. Therefore, implementation of the proposed project would not result in the loss of availability of a known mineral resource. b)Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? This site is not indicated as containing mineral resources in any local land use or regional plan. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XII. NOISE. Would the project result in: 85 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 57 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?     b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels?     c)A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project?     d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project?     e)For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?     f)For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels?     Noise is usually defined as unwanted sound. Noise consists of any sound that may produce physio- logical or psychological damage and/or interfere with communication, work, rest, recreation, or sleep. Several noise measurement scales exist that are used to describe noise in a particular location. A decibel (dB) is a unit of measurement that indicates the relative intensity of a sound. The 0 point on the dB scale is based on the lowest sound level that the healthy, unimpaired human ear can detect. Changes of 3 dB or less are only perceptible in laboratory environments. Audible increases in noise levels generally refer to a change of 3 dB or more, as this level has been found to be barely perceptible to the human ear in outdoor environments. Sound levels in dB are calculated on a logarithmic basis. An increase of 10 dB represents a 10-fold increase in acoustic energy, while 20 dB is 100 times more intense, and 30 dB is 1,000 times more intense. Each 10 dB increase in sound level is perceived as approximately a doubling of loudness. Sound intensity is normally measured through the A-weighted sound level (dBA). This scale gives greater weight to the frequencies of sound to which the human ear is most sensitive. The A-weighted sound level is the basis for a number of various sound level metrics, including the day/night sound level (Ldn) and the Community Noise Equivalent Level (CNEL), both of which represent how humans 86 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 58 are more sensitive to sound at night.16 In addition, the equivalent continuous sound level (Leq) is the average sound energy of time-varying noise over a sample period and the Lmax is the maximum instantaneous noise level occurring over a sample period. a)Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Table 6 lists noise standards for various uses in the City of Saratoga Noise Ordinance (Article 7- 30 of the City Code). For the purposes of this analysis, the sound metric of the noise standards is assumed to be Leq (the metric is unlisted in the ordinance). Commercial construction is permit- ted between the hours of 7:30 a.m. and 6:00 p.m., Monday through Friday. Noise-sensitive land uses (or receptors) can be defined as those areas which benefit from a lowered sound level, consistent with areas of primary human activities, such as sleeping or learning. Examples of noise-sensitive receptors include but are not limited to residences, schools, daycare facilities, hospitals, places of worship, parks and libraries. Noise-sensitive receptors in the immediate vicinity of the project site include single-family residences, offices, a school, a tutoring center, a recreational swimming facility, and a music academy. The closest residences are adjacent and to the east of the project site on Kirkdale Drive. Residences are also located as close as 100 feet south of the project site on Sea Gull Way. Adjacent and to the south of the project site is a vacant property owned by WVMA located at 12260 Saratoga-Sunnyvale Road and Saratoga Square, an office land use, located at 12280 Saratoga-Sunnyvale Road. Adjacent and to the north of the project site is the Saratoga Star Aquatics recreational swimming facility located at 12230 Saratoga-Sunnyvale Road. In addition, the Avloni Academy of Music is located approximately 150 feet south of the project site at 12302 Saratoga-Sunnyvale Road. The Studygascar tutoring center is located in the same complex at 12306 Saratoga-Sunnyvale Road. The Growing Tree Bilingual Montessori School is located approximately 200 feet north of the project site at 12000 Saratoga-Sunnyvale Road. An outdoor play area associated with Growing Tree is located approximately 350 feet north of the project site. The primary noise source in the project area is traffic on local roadways, including Saratoga-Sunnyvale Road. Existing land uses on the project site are commercial and industrial. An 8-foot masonry soundwall exists on the eastern property line of the Commercial Project site and 6-foot wooden fences (with 16 Ldn is the 24-hour A-weighted average sound level from midnight to midnight, obtained after the addition of 10 decibels to sound levels occurring in the night between 10:00 p.m. and 7:00 a.m. CNEL is the 24-hour A-weighted average sound level from midnight to midnight, obtained after the addition of 5 decibels to sound levels occurring in the evening from 7:00 p.m. to 10:00 p.m. and after the addition of 10 decibels to sound levels occurring in the night between 10:00 p.m. and 7:00 a.m. Source: Harris, Cyril M. 1998. Handbook of Acoustical Measurement and Noise Control. Table 5: Noise Standards Land Use Daytime Evening Nighttime Residential Outdoor 66 dBA 56 dBA 51 dBA Indoor 51 dBA 41 dBA 36 dBA Public Park Outdoor 66 dBA 56 dBA 51 dBA Indoor 56 dBA 46 dBA 41 dBA Office/Commercial Outdoor 71 dBA 61 dBA 56 dBA Indoor 56 dBA 46 dBA 41 dBA Source: Saratoga, City of. City Code, Article 7-30., modified to include Section 7-30.050 87 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 59 some gaps) exist on the eastern, southern and a portion of the northern property lines of the Saratoga Youth Center site. To document and characterize the existing ambient noise levels in the vicinity of the project site, an LSA noise specialist (contracted by the City of Saratoga) conducted three short-term (ST) noise measurements on June 9, 2011 between the hours of 7:00 a.m. and 9:00 a.m. Measurements were conducted using a Larson Davis 720 Type 2 integrating sound level meter at a height of 5 feet above the ground and positioned away from any reflective surfaces such as buildings. Meteorological conditions during the short-term measurements consisted of clear skies with temperatures ranging from 57 to 60 degrees Fahrenheit, relative humidity ranging from 64 to 81 percent, and wind speeds of 1 to 2 miles per hour. Accordingly, meteorological conditions were suitable for noise measurements (i.e., there were no conditions such as high wind speeds that could distort the measurement data). The results of the short-term measurements are summarized in Table 6. The approximate locations of the noise measurements are shown in Figure 8 and the noise monitoring data collection sheets are available for review at the City of Saratoga Community Development Department. Table 6: Short-Term Ambient Noise Measurement Results, dBA, June 9, 2011 Location Number Location Description Start Time Duration Leq a Lmax b Primary Noise Sources 1 12260 Saratoga-Sunnyvale Road; eastern property line with residences on Kirkdale Drive 7:20 a.m. 15 minutes 51 76 Birds, neighborhood construc- tion (intermittent), mechanical equipment south of project site (faint) 2 12260 Saratoga-Sunnyvale Road; middle of project site, approximately 150 feet east of fence 7:50 a.m. 15 minutes 54 75 Traffic on Saratoga Sunnyvale Road, birds, neighborhood construction (intermittent), unloading of boxes at Signature Kitchen & Bath (faint) 3 12250 Saratoga-Sunnyvale Road; approximately 50 feet east of northbound roadway centerline 8:08 a.m. 15 minutes 69 78 Traffic on Saratoga Sunnyvale Road a Leq represents the average of the sound energy occurring over the measurement period. b Lmax is the highest instantaneous sound level during the measurement period. Source: LSA Associates, Inc., June 2011. Implementation of the proposed project would temporarily raise ambient noise levels in the vicinity of the project site during the construction period. In addition, the uses proposed for the project site would incrementally increase local noise levels (noise levels would also increase incrementally on local roadways used to access the site). The potential impacts from construction noise, operational noise (both traffic-related and on-site operations) and the consistency of the proposed land uses with the City Noise Ordinance are discussed below and mitigated, where necessary. Construction. Construction of the proposed project would involve earthwork, including the use of loaders, backhoes, and trucks. Construction of the proposed project is scheduled to extend over a period of 9 to 12 months. Construction-related short-term noise levels would be higher than existing ambient noise levels in the vicinity of the project site but would end once construction is completed. The site preparation phase, which would include excavation and grading of the site, tends to generate 88 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 60 the highest noise levels, because the noisiest construction equipment is earthmoving equipment. Typical operating cycles for these types of construction equipment may involve 1 or 2 minutes of full-power operation followed by 3 or 4 minutes at lower-power settings. The closest noise-sensitive receptors would be the residences adjacent and to the east of the project site on Kirkdale Drive. At a distance of 50 feet from grading and construction activities, the resi- dences nearest the project site could be exposed to construction noise levels of up to 83 dBA Lmax. Residences located approximately 100 feet south the project site on Sea Gull Way could be exposed to construction noise levels of up to 81 dBA Lmax. 89 Sea Gull WaySea Gull Way Kirkmont DrSaratoga-Sunnyvale RdSaratoga-Sunnyvale Rd Kirkdale DrKnollwood DrKnollwood DrUnion Pacific RailroadUnion Pacific RailroadSea Gull WayKnollwood Dr Kirkmont DrSaratoga-Sunnyvale RdUnion Pacific Railroad Kirkdale Dr!2!3!3!1feet2000 100Project SitesNoise Monitoring Locations!2FIGURE 8SOURCE: GOOGLE EARTH; LSA ASSOCIATES, INC., 2011.I:\CIS1101 Saratoga MU Projects\figures\Fig_10.ai (6/14/11)Saratoga Mixed-Use Projects IS/MNDApproximate Noise Measurement Locations90 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 62 This page intentionally left blank. 91 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 63 Implementation of Mitigation Measure NOISE-1, which incorporates the requirements in the City’s Noise Ordinance and is intended to address construction noise in residential districts, would reduce temporary construction-period noise impacts to a less-than-significant level. Existing intervening features, such as the 8 foot masonry soundwall on the project site and the office buildings between the project site and residences on Sea Gull Way would provide further reduction from estimated construction noise levels. Mitigation Measure NOISE-1: The construction contractor shall implement the following measures at the project site: In accordance with Article 7-30-060(a) of the Saratoga Noise Ordinance, construction activities (including earthmoving and grading) within the project site shall be conducted only between the hours of 7:30 a.m. and 6:00 p.m. Monday through Friday. Construction shall not occur on Saturdays, Sundays, or weekday holidays; A notice of these construction hour restrictions shall be conspicuously posted at the entrance to the work site prior to commencement of the work, informing all contractors and subcontractors, their employees, agents, material men and all other persons at the project site of the basic limitations upon noise and construction activities provided in the City Code; During construction, all construction equipment powered by internal combustion engines shall be properly muffled and maintained; Unnecessary idling of internal combustion engines shall be prohibited; All stationary noise-generating equipment, such as air compressors, shall be located as far as practical from residences in the vicinity of the project site. Such equipment shall be acoustically shielded using standard plywood barriers, noise control blankets, or other appropriate equipment; and Whenever feasible, quiet construction equipment, particularly air compressors, shall be utilized. Long-Term Operation. Occupancy of the proposed project would generate an incremental increase in traffic noise on local roadways. In addition, truck and delivery loading activities could cause intermit- tent increases in ambient noise levels in the vicinity of the project site. Employees and visitors of the proposed project would access the site from Saratoga-Sunnyvale Road. Using existing traffic volumes provided in the Transportation Impact Analysis for the project, it was determined that average existing AM and PM peak hour traffic volumes (both inbound and outbound) on Saratoga-Sunnyvale Road between Sea Gull Way and Prospect Road are 2,000 and 2,500, respectively. As indicated in the Transportation Impact Analysis, it is anticipated that implementation of the proposed project would generate an additional 160 net AM trips and 176 net PM trips. As mentioned above, perceptible increases in noise levels generally occur only after a change of 3 dB or more, as this level has been found to be barely perceptible to the human ear in outdoor environments. An increase of 3 dB or more on a given roadway generally occurs when the traffic volume is doubled and the same vehicle speed and mix are maintained. Because the proposed project would not result in a doubling of traffic volumes, traffic from the project would not result in a perceptible change in 92 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 64 noise. Therefore, traffic-related noise generated by the proposed project would be considered less than significant. Parking on the site would be located primarily below-grade. Limited additional parking will be located on the western and eastern portion of the site. The proposed eastern surface lot will be buffered from residential uses by a 25 foot landscape buffer and existing 8 foot masonary soundwall. Parking lot noise is not expected to exceed the City’s noise standards. Proposed Land Use Compatibility. The types of land uses proposed for the project include office, retail and day care uses. As indicated in Table 7, morning commute traffic noise measured at 50 feet from Saratoga-Sunnyvale Road (Location 3) was 69 dBA Leq. which includes commercial or office uses located over 100 feet east of Saratoga-Sunnyvale Road. At this distance, it is estimated that traffic noise from Saratoga-Sunnyvale Road would attenuate to 65 dBA Leq or less, which is consistent with the 65 dBA City Noise Ordinance standard listed in Table 6 for office/commercial uses. The short-term noise level measurement conducted at Location 2 was representative of the location of the proposed day care uses at the project site, which has an outdoor recreational area. The measurement at Location 2 was approximately equal in distance from Saratoga-Sunnyvale Road as the proposed day care and is, therefore, considered representative. As indicated in Table 7, noise levels at this location were found to be 54 dBA Leq, which is consistent with the 60 dBA City Noise Ordinance standard listed in Table 6 for public park (recreational). In addition, the outdoor play area would be partially enclosed, further reducing noise levels. Therefore, proposed land uses would not be exposed to unacceptable noise levels. b)Exposure of persons to or generation of excessive ground-borne vibration or ground borne noise levels? In general, ground-borne vibration from standard construction practices is only a potential issue when within 25 feet of sensitive uses. Because construction is not proposed within 25 feet of any sensitive uses, the potential impact of ground-borne vibration is considered less than significant. Ground-borne noise in buildings and structures is produced when interior surfaces such as walls and floors are “excited” into motion by ground-borne vibration transmitted into a given structure. Ground- borne noise is primarily a concern for underground subway projects and is not typically an issue for standard construction practices. Operation of the proposed project would also not be a source of ground-borne vibration. Therefore, the proposed project would not expose persons to or generate excessive ground-borne vibration or noise levels. c)A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Refer to Section XII.a. The project would incrementally increase noise levels around the site through noise generated on the site (from motor vehicles, residential occupants) and on roadways around the site. However, these increases in ambient noise would be minor and not likely perceptible. The project includes truck loading area that could intermittently increase noise levels, but those noise levels are not expected to exceed City noise standards. 93 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 65 d)A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Refer to Section XII.a. Construction activities on the site could increase short-term ambient noise levels. Construction of the proposed project is scheduled to extend over 9 to 12 months. Construction- related short-term noise levels would be higher than existing ambient noise levels in the vicinity of the project site but would cease once construction is completed. Implementation of Mitigation Measure NOISE-1 would reduce the short-term increase in ambient noise to a less-than-significant level. Therefore, the project would not create a substantial temporary or periodic increase in ambient noise levels. e)For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The project site is not located within an airport land use plan or within 2 miles of an airport. The nearest public airport is the San Jose International Airport, which is located approximately 7.5 miles northeast of the project site. Therefore, implementation of the proposed project would not expose persons within the project site to high levels of airport-related noise. f)For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? The proposed project are not located within the vicinity of a private airstrip. Therefore, implementa- tion of the proposed project would not expose site visitors to high levels of airstrip-related noise. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XIII.POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?     b)Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere?     c)Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?     94 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 66 a)Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? The proposed project does not include the construction of housing. Therefore, it would not directly induce population growth. However, the project would indirectly contribute to population growth through the development of new commercial and community space in the City. The Commercial Project would result in the development of approximately 25,081 square feet of day care, office, and retail uses. No specific tenants have yet been identified for the project. However, based on an average employee generation rate of 1 employee per 500 square feet of commercial space, the project would be expected to generate approximately 51 new employees. The 51 new employees generated by the Commercial Project would not be considered a substantial increase in employment in Saratoga in the context of existing employment in the City and employment projections made by the Association of Bay Area Governments (ABAG). In 2010, there were currently approximately 7,070 jobs in Saratoga. ABAG expects the number of jobs in the City to increase slightly to 7,480 jobs in 2035.17 The new jobs generated by the project would represent far less than 1 percent of the total number of existing jobs in the City or projected jobs in 2035 and would not be considered significant. A small number of new employees generated by the project could move to Saratoga from other areas, thus increasing the local population. However, this increase in population would not be substantial based on the relatively low employment growth associated with the project. b)Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No housing is located within the project site. Therefore, implementation of the proposed project would not remove existing housing. c)Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? The project site does not contain residential population. Therefore, implementation of the project would not displace people. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XIV. PUBLIC SERVICES. 17 Association of Bay Area Governments (ABAG), 2009. Building Momentum: San Francisco Bay Area Population, Household, and Job Forecasts. 95 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 67 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a)Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:     Fire protection?     Police protection?     Schools?     Parks?     Other public facilities?     a)Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection, police protection, schools, parks, other public facilities? The following discussion addresses the potential impacts of the project on fire protection, police protection, schools, parks, and other public facilities. Fire Protection. The Santa Clara County Fire District (District) would provide firefighting services to the project site. The District maintains a fire station at 14380 Saratoga Avenue (approximately 2.2 miles south of the project site) and operates two “on-line” firefighting vehicles, one reserve vehicle, one command vehicle, a multipurpose truck which performs rescue and serves as an additional source of oxygen and light, and two administrative cars. The District administers an Early Warning Alarm System (EWAS), which requires a fire detection system in newly constructed homes over 5,000 square feet, remodeled homes expanded over 50 percent of the original square footage, any new construction in the Hazardous Hillside Area, and new commercial construction. The EWAS is intended to detect fires in the incipient stage and immediately notify the District through a combina- tion telephone dialer and radio frequency transmitter.18 Because the proposed project would contain commercial space, they would be required to contain a fire detection system. 18 Santa Clara County Fire District, 2013. Website: www.sccfd.org/dept_information.html. 96 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 68 Based on the Wildland Urban Interface Fire Threat Map prepared by ABAG, the project site are located at the eastern edge of an area at risk for wildfire hazards. This high risk community comprises much of the predominantly residential neighborhoods immediately adjacent to the Santa Cruz Mountains, including much of Saratoga.19 The risk in this area is increased due to the proximity of regional open space along the western boundary of the City, much of which is forested and susceptible to wildfires. The proposed project would result in the development of one building containing a mixture of uses on an already-developed site. These uses, which would be similar to existing uses along the Saratoga- Sunnyvale Road corridor, would not substantially increase fire hazards. The project site would be adequately served by the Santa Clara County Fire District. The fire station that would serve the project site is located approximately 2.2 miles south of the site, and would be able to adequately respond to fires in the site. Therefore, the proposed project would not result in significant impacts related to increased provision of fire services.20 Police Protection. The proposed project would receive crime enforcement services from the West Valley Division of the Santa Clara County Office of the Sheriff, which is located approximately 2,000 feet north of the project site at 1601 South De Anza Boulevard in the City of Cupertino. The West Valley Division provides uniformed law enforcement patrol services for the cities of Saratoga, Cupertino, and Los Altos Hills, and nearby unincorporated areas. The proposed project would result in the construction of one new building containing a mixture of uses. Because the structure is expected to be fully occupied after construction, there would likely be increased informal surveillance of the project site compared to existing conditions (as some of the interior space on the site is currently unoccupied). Although the proposed uses, including retail uses, could be the target of crime (e.g., theft), an increase in demand for Sheriff services would not be expected to require the construction of new facilities.21 Schools. The proposed project would not include the construction of housing and thus would not directly increase enrollment at local schools, including those administered by the Saratoga Union School District and the Los-Gatos-Saratoga Joint Union District. If new project employees move to Saratoga as a result of the project and these employees have school-aged children, enrollment at local schools could rise slightly. However, this small increase in enrollment would not require the construc- tion of new schools. Parks. Parks in the vicinity of the site that would be used by employees of the proposed project include Azule Park and Kevin Moran Park, which are located approximately 1,000 feet east of the project site. Implementation of the proposed project would likely increase the use of these parks. However, this increase in use is not expected to adversely affect the physical conditions of local and 19 Association of Bay Area Governments, 2011. Wildland Urban Interface Fire Threat. Website: www.abag.ca.gov/ bayarea/eqmaps/wildfire/. 20 Walsh, Tom, 2011. Deputy Supervisor, Santa Clara County Fire Department. Personal communication with LSA Associates, Inc. July 29. 21 Neusel, Tom, 2011. Captain, Santa Clara County Office of the Sheriff. Personal communication with LSA Associates, Inc. August 2. 97 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 69 regional open space areas, or require the provision of new park facilities. Therefore, the project would not result in adverse impacts to parks. Other Public Facilities. Implementation of the proposed project could also increase demand for other public services, including libraries, community centers, and public health care facilities (services that may be used by project employees). The small increase in employee population associated with the project is not expected to substantially increase usage of these facilities, such that new facilities would be needed to maintain service standards. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XV. RECREATION. a)Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?     b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?     a)Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? As discussed in Section XIII, employees on the project site would be expected to use parks such as Azule Park and Kevin Moran Park. Although the project would incrementally increase use of these facilities, this increase in use is not expected to result in substantial deterioration of park space. Use of local and regional parks would likely be intermittent and distributed over several locations (as employees would tend to use park facilities near their primary residences). b)Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? The proposed project does not include formal recreational facilities, with the exception of a outdoor play area designated for students utilizing the facility. Development of this facility would not result in physical environmental impacts beyond those already identified in this Initial Study (e.g., traffic, noise). 98 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 70 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XVI. TRANSPORTATION/TRAFFIC. Would the project: a)Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit?     b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways?     c)Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks?     d)Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?     e)Result in inadequate emergency access?    f)Conflict with adopted polices, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities?     The following section is based on the Transportation Impact Analysis for the proposed project pre- pared by MPH Traffic Consulting in March 2013. The analysis was conducted to identify the effects of the project on the local and regional transportation system, based on the standards and methodologies of the City and the Santa Clara Valley Transportation System (VTA), which adminis- ters the County Congestion Management Program. Please refer to the Transportation Impact Analysis for additional detail beyond that presented in this Initial Study. The complete analysis is available for review at the City of Saratoga Community Development Department. This introduction summarizes the transportation network in the vicinity of the project site and the methodology of the Transportation Impact Analysis. 99 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 71 Transportation Network. The transportation system consists of roadways, bike and pedestrian facilities, and the regional transit system. Roadway Network. The major roads in the vicinity of the project site is briefly described below: State Route (SR) 85. SR 85 is a predominantly north-south freeway in the vicinity of the project site that extends from Mountain View to south San Jose, terminating at US 101. SR 85 is a six- lane freeway with four mixed-flow lanes and two high occupancy vehicle (HOV) lanes. SR 85 provides access to the project site via an interchange at De Anza Boulevard. Prospect Road. Prospect Road is an east-west four-lane roadway with bike lanes that extends from Saratoga Avenue west to the Fremont Older Open Space Preserve. East of Saratoga Avenue, Prospect Road splits and transitions into Campbell Avenue and Hamilton Avenue. Some segments of Prospect Road east of Saratoga-Sunnyvale Road are divided, while others are undivided with a shared two-way center left-turn lane. Prospect Road provides access to the site via Saratoga-Sunnyvale Road. Saratoga-Sunnyvale Road. Saratoga-Sunnyvale Road is a north-south, four-lane divided roadway that extends from Highway 9 north to the Prospect Road, where it transitions into South De Anza Boulevard. South De Anza Boulevard is a six-lane roadway that extends into Cupertino. It continues north into Sunnyvale where it becomes Sunnyvale-Saratoga Road. Saratoga-Sunnyvale Road has bike lanes and provides direct access to the project site. Bicycle and Pedestrian Facilities. In the vicinity of the project site, bike lanes are located on Saratoga-Sunnyvale Road, Prospect Road, and Cox Avenue. Pedestrian facilities in the vicinity of the project site consist of sidewalks along surrounding roadways. Crosswalks with pedestrian signal heads are located at all signalized intersections in the vicinity of the project site. Clearly marked crosswalks also are located at the unsignalized intersection of Saratoga-Sunnyvale Road and Kirkmont Drive. The existing pedestrian facilities provide good connectivity between the project site and surrounding land uses. Transit Service. Existing transit service to the study area is provided by the VTA. The only bus route that operates within the immediate vicinity of the project site is local Route 53. Route 53 operates along Saratoga-Sunnyvale Road and provides service between West Valley College and the Sunnyvale Transit Center, with 60- minute headways throughout most of the day. However, Route 53 provides service with 20- to 40- minute headways between the hours of 7:00 a.m. and 9:00 a.m. in the southbound direction only. A northbound stop is located at Seagull Way, approximately 200 feet south of the project site. A southbound stop is located near Manor Drive, about 700 feet south of the project site. Methodology. The Transportation Impact Analysis evaluated the effects of the proposed project (along with the assumption of development of the WVMA center), in combination, on the following intersections, which have the greatest potential to be affected by project-related traffic: South De Anza Boulevard and Prospect Road Saratoga-Sunnyvale Road and Seagull Way Saratoga-Sunnyvale Road and Kirkmont Drive In addition, the effects of the project on the following freeway segments were analyzed: 100 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 72 State Route (SR) 85 between Saratoga Avenue and Saratoga-Sunnyvale Road SR 85 between Saratoga-Sunnyvale Road and Stevens Creek Boulevard The effects of the proposed project were evaluated for the following three scenarios at the weekday AM and PM peak periods. The weekday AM peak hour of traffic generally occurs between 7:00 a.m. and 9:00 a.m., and the weekday PM peak hour of traffic generally occurs between 4:00 p.m. and 6:00 p.m. It is during these time periods that the most congested traffic conditions typically occur on an average weekday. Existing Conditions. Existing conditions are represented by existing peak-hour traffic volumes on the existing roadway network. Existing traffic volumes were obtained from the VTA, from recent counts conducted in November 2012, and from a previous study for the site. Background Conditions. Background conditions are represented by existing traffic volumes factored upward using an annual growth factor applied through the estimated date of project completion. Background Plus Project Conditions. Background plus project peak hour traffic volumes were estimated by adding to background traffic volumes the additional traffic generated by the project. Background plus project conditions were evaluated relative to background conditions in order to determine potential project impacts. Future Growth Conditions. Future growth conditions are represented by background traffic volumes factored upward using an annual growth factor applied through the year 2020 and adding project trips a)Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? The level of service (LOS) of signalized roadway intersections and freeway segments is measured on the basis of average control delay per vehicle and density of vehicles, respectively. Signalized intersection LOS is categorized from LOS A (where there is an average delay of less than 10 seconds per vehicle, and most vehicles arrive and progress through the intersection on a green phase and do not stop at all) to LOS F (where there is an average delay of over 80 seconds and the intersection is “oversaturated” with vehicles). The City considers a signalized intersection to perform effectively if it operates at LOS D or better. Freeway segment LOS is also categorized from LOS A (where there are less than 11 vehicles per mile per lane and vehicles are almost completely unimpeded to maneuver within the traffic stream) to LOS F (where there are more than 58 vehicles per mile per lane and vehicle flow breakdowns occur). VTA considers a freeway segment to perform effectively if it operates at LOS E or better. The City does not maintain a performance standard for unsignalized intersections because signalized intersections typically limit the overall capacity of a roadway. In the absence of a standard, the Transportation Impact Analysis evaluated whether the one unsignalized intersection evaluated in detail (Saratoga-Sunnyvale Road and Kirkmont Drive) would warrant the installation of a traffic signal based on the Peak Hour Volume Warrant described in the 2012 California Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD). 101 CITY OF SARATOGA. COMMERCIAL LEARNING CENTER PROJECT APRIL 2013 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 73 Trip Generation. Research in the field has produced data called trip generation rates that can be applied to common land uses. From these trip generation rates, the amount of traffic produced by a proposed project can be estimated. The magnitude of traffic added to the roadway system by a particular development is estimated by multiplying the applicable trip generation rates by the size of the applicable uses of the development. The standard trip generation rates published in the Institute of Transportation Engineers (ITE) manual entitled Trip Generation, Ninth Edition, 2012, and the rates published by the San Diego Association of Governments (SANDAG) in May 2003, were used for this study. The SANDAG rates were used because both AM and PM peak hour trip generation rates are available for Specialty Retail uses, whereas ITE provides Specialty Retail rates for the PM peak hour only. SANDAG rates are recognized by the CMP as valid for use in traffic studies. Based on the ITE and SANDAG trip rates, it was estimated that the project would generat 1,126 daily vehicle trips, with 160 trips occurring during the AM peak hour and 176 trips occurring during the PM peak hour. Using the recommended inbound/outbound splits, the project would produce 90 inbound and 70 outbound trips during the AM peak hour, and 78 inbound and 98 outbound trips during the PM peak hour. Please refer to Table 8 for a summary of the trip generation associated with the proposed project. Intersection Performance. Table 9 summarizes signalized intersection LOS under background and background + project. As shown in the table, the analyzed signalized intersections would operate at acceptable levels of service under all conditions, and the proposed project would result in only minor increases in delay. The addition of project traffic to the unsignalized intersection of Saratoga- Sunnyvale Road and Kirkmont Drive would not satisfy the Peak Hour Volume Warrant based on the 2012 California Manual on Uniform Traffic Control Devices for Streets and Highways. Therefore, the proposed project would not conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system for motorized vehicles. 102 COMMERCIAL LEARNING CENTER PROJECT CITY OF SARATOGA APRIL 2013INITIAL STUDY/DRAFT MITIGATED NEGATIVE DECLARATION P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) ADMINISTRATIVE DRAFT74 Table 7: Project Trip Generation Estimates Land Use Size ITE Land Use Code Daily Rate Daily Trips AM Peak Hour PM Peak Hour Peak Hour Rate In Out Total Peak Hour Rate In Out Total Proposed Uses Commercial Learning ProjectOffice1 3,808 sq. feet 710 11.00 42 1.56 5 1 6 1.49 1 5 6 Medical Office1 5,942 sq. feet 720 36.13 215 2.39 11 3 14 3.57 6 15 21 Specialty Retail2 3,125 sq. feet n/a 40.00 125 1.20 2 2 4 3.60 6 5 11 Day Care3 170 Students 565 4.38 745 0.80 72 64 136 0.81 65 73 138 Total Project Trips 1,12690 70 160 78 98 176 1 - rate per 1,000 square feet, based on rates taken from the 9th edition of the ITE Trip Generation manual. 2 – rate per 1,000 square feet of specialty retail based on rates taken from the San Diego Association of Governments (SANDAG). 3 – rate per student for daycare based on rates taken from the 9th edition of the ITE Trip Generation manual. Source: MPH Traffic Consulting, Inc., 2013. 103 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 75 Bicycle and Pedestrian Circulation. Because the existing bicycle network (including Class II Bike lanes on Saratoga-Sunnyvale Road, Prospect Road and Cox Avenue) has good connectivity, some bicyclists may choose to use a bicycle to access the project site. It is expected that the project would generate approximately five bicycle trips during both the AM peak hour and PM peak hour. Due to the small number of new bicycle trips, the project would not compromise the effectiveness of the bicycle network. The project would also generate pedestrian traffic. Crosswalks with pedestrian signal heads are located at all signalized intersections in the vicinity of the project site. Clearly marked crosswalks are also located at the unsignalized intersection of Saratoga-Sunnyvale Road and Kirkmont Drive north of the project site. Most of the roadways in the vicinity of the project site have sidewalks on both sides of the street, including Saratoga-Sunnyvale Road along the project site frontages. Overall, the existing network of sidewalks in the vicinity of the project site has good connectivity and would provide pedestrians with a safe connection between the project site and other points of interest. Although the project would increase the demand for pedestrian facilities, the incremental increase in pedestrian travel as a result of the project would be small. Therefore, existing pedestrian facilities would be adequate to serve the demand for such facilities generated by the project, and the project would not compromise the effectiveness of the pedestrian network. Transit. A northbound stop of VTA bus route 53 (the only route that operates in the vicinity of the project site) is located at Seagull Way, approximately 200 feet south of the project site. A southbound stop is located near Manor Drive, about 700 feet south of the project site. Due to the convenient location of the bus stops, the project would generate demand for transit service. The project would be expected to generate approximately five new transit riders during both the AM peak hour and PM peak hour. These potential new riders could be accommodated by the current available ridership capacity of the bus service in the study area, and no improvements to the existing transit service would be necessary with the project. Therefore, the project would not compromise the effectiveness of the transit system. Parking. The California Court of Appeal has held that parking is not part of the permanent physical environment, that parking conditions change over time as people change their travel patterns, and that unmet parking demand created by a project need not be considered a significant environmental impact under CEQA unless it would cause significant secondary effects.22 The 96 parking spaces that would be provided as part of the project appear to comply with the basic requirements of Article 15- 35, Off-Street Loading and Parking Facilities, of the City Code and the parking survey, as documented within the Site Circulation and Parking Analysis for Saratoga Commercial Center, dated March 26, 2013, authored by Stephen Hough, P.E. and MPH Traffic Consulting. The parking proposed as part of the project would not create a parking shortage such that secondary environmental impacts (e.g., air pollution caused by idling cars) would result. 22 San Franciscans Upholding the Downtown Plan v. the City and County of San Francisco (2002), 102 Cal. App. 4th 656. CITY OF SARATOGA APRIL 2013 COMMERCIAL LEARNING CENTER PROJECT INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 104 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 76 Table 8: Intersections Levels of Service Under Background Plus Project Conditions Background Background + Project Increase In Intersection Peak Hour Average Delay LOS Average Delay LOS Critical Delay Critical V/C S. De Anza Blvd. and Prospect Rd.* AM 29.2 C 29.4 C 0.3 0.011 PM 27.8 C 28.3 C 0.9 0.025 Saratoga-Sunnyvale Road and Seagull Way AM 13.0 B 13.4 B 0.5 0.011 PM 8.7 A 8.9 A 0.2 0.008 Note: all delay values are expressed in seconds * - Denotes CMP Intersection Source: MPH Traffic Consulting, Inc., March 27, 2013. Daycare Center Drop-off and Pick-up. The project would include, in the surface lot at the rear of the site, a passenger loading and unloading area for the daycare center. A distinction is made with regard to the type of drop-off or pick-up that occurs: dropping off and picking up by means of parking, and dropping off and picking up by means of unloading and loading passengers (children and students) at the curb or while stopped in the drive aisle in front of the daycare entrance. The distinction is made because it directly affects the amount of parking that the site needs to provide and it affects the length of the vehicle queues that will develop as cars wait to load and unload passengers. Surveys conducted of similar local after-school service businesses (Happy Childhood and Brighter Future Learning Center) where after-school students are unloaded and loaded in front of the daycare center, it was determined that 40 percent of the students were dropped off and picked up. Thus, assuming a worst case, in which all 100 after-school students are released during the peak hour, than 40 vehicles would arrive to load children during that hour. This equates to 0.67 cars per minute. Observations in the field showed an average dwell time of approximately 5 minutes per car. This correlates to an average of 3.4 cars waiting at any one time during the peak hour. Based on statistical analysis, this means that the 90th percentile vehicle queue would be 5.5 cars in the queue. This would equate to a maximum queue of about 125 to 150 feet. The total storage available (the length of the circular driveway in the lot), according to the current site plan, would be approximately 200 feet. Therefore, the maximum vehicle queues at the loading area would fit within the effective storage area in the lot and the drop-off and pick-up operations would not be expected to result in significant off- site traffic congestion. b)Conflict with an applicable congestion management program, including but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Traffic volumes for the study freeway segments under the jurisdiction of VTA, which administers the Congestion Management Program (SR 85 between Stevens Creek Boulevard and Saratoga-Sunnyvale Road and SR 85 between Saratoga-Sunnyvale Road and Saratoga Avenue) were obtained from the 2008 Congestion Management Program Annual Monitoring Report, which contains the most recent CITY OF SARATOGA APRIL 2013 COMMERCIAL LEARNING CENTER PROJECT INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 105 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 77 available published data on the subject. The results of the analysis show that the two evaluated freeway segments currently operate at an unacceptable LOS F during the PM peak hour in the southbound direction of traffic. Traffic volumes on the study freeway segments under project conditions were estimated by adding project trips to the existing volumes obtained from the 2008 Annual Monitoring Report. The results show that the project collectively would not cause an increase in traffic volumes of 1 percent or more of freeway capacity on any of the study freeway segments. Therefore, based on CMP impact criteria, the project would not have a significant impact on freeways. The signalized intersection of South De Anza Boulevard and Prospect Road is also under the jurisdic- tion of the Congestion Management Program. As shown in Table 9, the proposed project would not substantially increase delay at this intersection. Therefore, the proposed project would not conflict with the applicable Congestion Management Program. c)Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? The project site is not located near an airport and the proposed building (consisting of two stories above-grade) would not be tall enough to have an effect on air traffic patterns. d)Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? At the intersection of the driveway and Saratoga-Sunnyvale Road, vehicle queues could form that could potentially exceed the length of the driveway or the length of storage available in the two- way- left-tum lane located in the median of Saratoga-Sunnyvale Road. Two of the movements were evaluated to determine if, based on the intersection and driveway geometries, excessive vehicle queues would be likely to occur. Vehicles traveling southbound on Saratoga-Sunnyvale Road and turning left into the site would tum from the existing two-way center left-tum lane. There is about 150 feet of storage available for that movement, which would accommodate six cars in a queue. Since the site driveway is to be shared with the WVMA to the south, projected traffic from that site was included in this analysis. The magnitude of traffic generated by the WVMA was determined from a previous study of that site that was conducted in 2011. The analysis showed that for the southbound left-tum, the 95th-percentile maximum vehicle queue would be two vehicles (50 feet) in the AM peak hour, and one vehicle (25 feet) in the PM peak hour of traffic. These queue lengths would easily be accommodated within the 150 feet of storage available. The same analysis was performed for the site driveway for vehicles leaving the site onto Saratoga- Sunnyvale Road. The analysis showed that the 95 -percentile maximum queues would be 150 feet in the morning and 150 feet in the afternoon. The site plan layout shows that these queues would extend part way down the ramp, though not to the entrance to the parking garage. It’s also worth noting that CITY OF SARATOGA APRIL 2013 COMMERCIAL LEARNING CENTER PROJECT INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 106 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 78 queues of these lengths might occur only about once or twice during each peak hour, and would be of relatively short duration. For a driveway on Saratoga-Sunnyvale Road, which has a posted speed limit of 40 miles per hour, the Caltrans standard corner sight distance is 460 feet. This means that a driver exiting a project driveway must be able to see 460 feet down Saratoga-Sunnyvale Road in order to safely complete a turn. How- ever, the Caltrans corner sight distance requirement is considered ideal design and is most applicable to heavy volume state highways. In many situations, this standard is not feasible or necessary. The minimum acceptable sight distance is often considered the Caltrans stopping sight distance. For the study segment of Saratoga-Sunnyvale Road, the Caltrans stopping sight distance standard is 305 feet. This means that a driver on Saratoga Sunnyvale Road must be able to see 305 feet ahead in order to stop and avoid a collision with a vehicle entering Saratoga-Sunnyvale Road from a side street or driveway. Based on the proposed site plans, it appears that the project driveways would meet the Caltrans sight distance requirements. In addition, the proposed shared driveway would be able to accommodate emergency vehicles. Therefore, there is no impact. e)Result in inadequate emergency access? As noted in Section XVI.d, the design of the project would allow for access by emergency vehicles. In addition, no changes would be made to the roadways surrounding the project site, including Saratoga-Sunnyvale Road, which would function as an access routes to the area in the event of an emergency. Therefore, the proposed project would not result in inadequate emergency access. f)Conflict with adopted polices, plans, or programs regarding public transit, bicycle, or pedes- trian facilities, or otherwise decrease the performance or safety of such facilities? The proposed project would include bike racks and pedestrian connections to Saratoga-Sunnyvale Road, and would not interfere with the existing bike, pedestrian, and transit infrastructure along Saratoga-Sunnyvale Road. Therefore, the proposed project would not conflict with adopted policies for transit, bike, or pedestrian facilities. Please refer to Section XVI.a for a discussion of the less- than-significant effects of the project on the effectiveness of transit, bike, and pedestrian facilities Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XVII. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board?    b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?     CITY OF SARATOGA APRIL 2013 COMMERCIAL LEARNING CENTER PROJECT INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 107 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 79 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?     d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed?     e)Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project=s projected demand in addition to the provider=s existing commitments?     f)Be served by a landfill with sufficient permitted capacity to accommodate the project=s solid waste disposal needs?     g) Comply with federal, State, and local statutes and regulations related to solid waste?    a)Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? The project site is currently served by utility infrastructure, including the sanitary sewer and water lines that transport potable water into the project site and convey wastewater away from the site. Minor changes in utilities on the site would be required as part of the project, but no major utility work would occur. The new uses on the project site would incrementally increase the amount of wastewater generated on the site, but this increase would not be considered significant. In general, commercial projects would be expected to generate approximately 100 gallons per day of wastewater per 1,000 square feet of interior commercial space. For the purpose of this analysis, retail, office, and day care uses would be considered commercial space for the purpose of determining the approximate wastewater generation of the project, as the uses proposed as part of the project would likely generate similar volumes of wastewater. The 25,081 square feet of day care, office, retail, and accessory uses that would be developed as part of the Commercial Project would be expected to generate approximately 2,820 gallons of wastewater a day. This increase in demand for wastewater treatment would comprise a small portion of the wastewater treated by the San Jose/Santa Clara Water Pollution Control Plant. The Plant has a capacity of 167 million gallons per day. In 2008, the Average Dry Weather Effluent Flow was 92 million gallons per day – the lowest flow since 1978. Therefore, the Plant is operating well under capacity and the wastewater generated by the project would not cause a significant increase of the RWQCB’s CITY OF SARATOGA APRIL 2013 COMMERCIAL LEARNING CENTER PROJECT INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 108 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 80 treatment standards. According to the Plant, the reduction in flows is attributable to three major factors: water conservation, slightly slower economic activity in the region, and increased use of effluent as recycled water.23 b)Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Water supply and treatment is provided by the San Jose Water Company (SJWC). Approximately 90 percent of the SJWC’s water is supplied by the Santa Clara Valley Water District (District). The District operates three water treatment plants that clean and disinfect imported water and water captured in local reservoirs. The water treatment plants can produce as much as 220 million gallons of treated water a day. Combined, these water treatment plants operate well below capacity. For instance, in November 2009, the water treatment plants produced an average of approximately 103.5 million gallons of treated water a day.24 Based on a water demand rate of 0.21 gallons per day/square foot of commercial space, the proposed Commercial Project would increase demand by 5,267 gallons per day. Therefore, the additional demand for treated water generated by the project would not require the construction of new water treatment facilities. Wastewater treatment is provided by the San Jose/Santa Clara Water Pollution Control Plant. As discussed in Section XVI.a., the Water Pollution Control Plant is operating well under capacity. The proposed project would be expected to generate approximately 2,634 gallons of wastewater per day, combined, which could be treated by the Water Pollution Control Plant. Therefore, the proposed project would not require the construction of new wastewater treatment facilities. c)Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? The project does not involve the construction of new major storm water infrastructure (although landscape features designed to reduce storm water would be developed as part of the project). d)Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? The City of Saratoga buys its water from local water retailer SJWC. SJWC provides the City with surface water from Saratoga Creek, and with water it buys from the District. The District imports water from the Sierra Nevada via the State Water Project, the federal Central Valley Project, and San Francisco’s Hetch Hetchy system. It also draws from local groundwater aquifers and rainwater captured in ten District reservoirs. The SJWC receives approximately 90 percent of its water supply from the District. Based on per capita water demand rates, the proposed project would increase demand by 5,267 gallons of water per day. No swimming pools or large areas of turf are proposed. Therefore, water demand generated by the project would be typical of mixed use projects of a similar size. 23 San Jose/Santa Clara Water Pollution Control Plant, 2009. Clean Bay Strategy. February. 24 Santa Clara Valley Water District, 2010. Water Tracker Report. January. CITY OF SARATOGA APRIL 2013 COMMERCIAL LEARNING CENTER PROJECT INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 109 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 81 Using ABAG population projections, the District expects that it will require a water supply of approximately 450,000 acre feet by the year 2030 (with conservation programs in place). The proposed project is consistent with ABAG’s population and employment projections for the City of Saratoga and is thus included in the District’s assessment of future water demand. According to the District’s 2009 Annual Report on the Protection and Augmentation of Water Supply: “The district manages and addresses risks and uncertainties by building a diversified portfolio of water supply alternatives. This portfolio of existing dry year supplies and new water supply investments is intended to meet at least 95% of future water demands.” The District also maintains periodically-updated contingency plans to reduce water use during prolonged periods of drought. These measures have historically been successful in reducing demand.25 Therefore, the District would have an adequate water supply to meet the demand for water generated by the proposed project. e)Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Wastewater treatment is provided by the San Jose/Santa Clara Water Pollution Control Plant. As discussed in Section XVI.a., the Water Pollution Control Plant is operating well under capacity. The proposed project would be expected to generate approximately 2,634 gallons of wastewater per day, which could be treated by the Water Pollution Control Plant. Therefore, the proposed project would not require the construction of new wastewater treatment facilities. f)Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? Implementation of the proposed project would result in the generation of relatively small quantities of solid waste associated with commercial uses. Existing landfills would have sufficient capacity to accommodate this minor increase in solid waste. g)Comply with federal, State, and local statutes and regulations related to solid waste? Recycling receptacles would be provided within the project site, as required, in accordance with all statutes and regulations related to solid waste. 25 Santa Clara Valley Water District, 2009. Annual Report on the Protection and Augmentation of Water Supplies. March. CITY OF SARATOGA APRIL 2013 COMMERCIAL LEARNING CENTER PROJECT INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 110 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 82 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XVIII.MANDATORY FINDINGS OF SIGNIFICANCE. a)Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory?     b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.)     c)Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?     a)Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? The project site is located in an area that has been previously developed and that has little biological value. Despite the absence of biological resources on the site, the project would contribute to the degradation of water quality by storm water runoff, which may adversely affect wildlife species that use Calabazas Creek and San Francisco Bay. Implementation of Mitigation Measure HYD-1 would reduce this impact to a less-than-significant level. The project site does not contain important examples of California history or prehistory. b)Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) The proposed project would result in the redevelopment of already-developed site along the Saratoga- Sunnyvale Road commercial corridor. The site is located close to transit, shopping, and job centers in Silicon Valley, and is already served by utility infrastructure. These characteristics of the project site would reduce the possible cumulative effects the project may have in combination with other planned CITY OF SARATOGA APRIL 2013 COMMERCIAL LEARNING CENTER PROJECT INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 111 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 83 development in Saratoga, and surrounding communities. The impacts of the proposed project are individually limited and not cumulatively considerable. c)Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? The project could have substantial adverse effects on human beings through: air quality degradation during the construction period (including potential exposure to lead and asbestos); placing people at risk of seismic and soils hazards; and creating substantial noise during the construction period. However, these potential impacts would be mitigated to a less-than-significant level through imple- mentation of the mitigation measures outlined in this Initial Study/Mitigated Negative Declaration. D. REPORT PREPARERS City of Saratoga - Project Management and Report Production; Project Description 13777 Fruitvale Avenue Saratoga, CA 95070 Michael Fossati, Planner LSA Associates, Inc. - Initial Study Preparation 2215 Fifth Street Berkeley, CA 94710 Judith Malamut, Principal-in-Charge Adam Weinstein, Project Manager Patty Linder, Graphics and Production Manager Charis Cronan, Word Processor LSA Associates, Inc. - Air Quality; Noise; and Greenhouse Gas Emissions 5084 North Fruit Avenue Suite 103 Fresno, CA 93711 Amy Fischer, Associate Phil Ault, Air Quality and Noise Specialist Joshua Carman, Noise Specialist E. REFERENCES ACS Associates, 2011. Phase I Environmental Assessment Report for 12250-12260 Saratoga- Sunnyvale Road, Saratoga, CA 95070. June 23. Association of Bay Area Governments (ABAG), 2009. Building Momentum: San Francisco Bay Area Population, Household, and Job Forecasts. Association of Bay Area Governments, 2010. Wildland Urban Interface Fire Threat. Website: www.abag.ca.gov/bayarea/eqmaps/wildfire/ (accessed February 5). Association of Bay Area Governments, 2011. Bay Area Dam Failure Inundation Hazards. Website: www.abag.ca.gov/bayarea/eqmaps/damfailure/damfail.html. CITY OF SARATOGA APRIL 2013 COMMERCIAL LEARNING CENTER PROJECT INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 112 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 84 Bay Area Air Quality Management District (BAAQMD), 2011. Air Quality Standards and Attainment Status. Website: hank.baaqmd.gov/pln/air_quality/ambient_air_quality.htm. California Air Resources Board, 2008. Climate Change Proposed Scoping Plan: a framework for change. October. California Air Resources Board, 2011. iADAM Air Quality Data Statistics. Website: www.arb.ca.gov/adam. California Department of Conservation, 2008. Santa Clara County Important Farmland Map. Website: ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/2008/scl08.pdf. California Department of Transportation, 2011. California Scenic Highway Mapping System. Website: www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm (accessed June 13). Dark Sky Society, 2009. Guidelines for Good Exterior Lighting Plans. Website: www.darkskysociety.org/handouts/LightingPlanGuidelines.pdf. Hexagon Transportation Consultants, Inc., 2011. Saratoga Commercial Transportation Impact Analysis. May 31. Intergovernmental Panel on Climate Change (IPCC), 2007. Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the IPCC. MPH Traffic Consulting, 2013. Saratoga Commercial Center Transportation Impact Analysis. March 27. MPH Traffic Consulting, 2013. Site Circulation and Parking Analysis for Saratoga Commercial Center. March 26. San Franciscans Upholding the Downtown Plan v. the City and County of San Francisco (2002), 102 Cal. App. 4th 656. San Jose/Santa Clara Water Pollution Control Plant, 2009. Clean Bay Strategy. February. Santa Clara County Airport Land Use Commission, 1992. Land Use Plan for Areas Surrounding Santa Clara County Airports. Amended 2005. Santa Clara County Firesafe Council, 2007. Living With Fire in Santa Clara County: A Guide for Homeowners. July. Santa Clara Valley Water District, 2009. Annual Report on the Protection and Augmentation of Water Supplies. March. Santa Clara Valley Water District, 2010. Water Tracker Report. January. Santa Clara Valley Water District, 2011. Comprehensive Water Resources Management Plan. Website: www.valleywatercompplan.org/cities/view/365#intro. July 6. Santa Clara, County of, 2011. Department of Environmental Health. Fuel Leak Site Case Closure, Van Dyke Property, 12260 Saratoga-Sunnyvale Road, Saratoga, CA, Case No. 14-817, SCVWDID No. 07S2W25Q01f. April 13. Saratoga Fire District, 2011. Website: www.saratogafire.org/about_overview.html. CITY OF SARATOGA APRIL 2013 COMMERCIAL LEARNING CENTER PROJECT INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 113 P:\PLANNERS, STAFF, CONSULTANTS\Michael\PC Design Review\Saratoga-Sunnyvale Rd. 12250\Environmental\Admin Draft - IS_MND\MU Project Initial Study-12250 Sara-Sunny - V.3.docx (4/25/2013) PUBLIC REVIEW DRAFT 85 Wagner, D.L., E.J. Bortugno, and R.D. McJunkin, 1990. Geologic Map of the San Francisco-San Jose Quadrangle, California, 1:250,000. Regional Geologic Map Series, San Francisco-San Jose Quadrangle-Map No. 5A. (Sacramento: California Division of Mines and Geology). Walsh, Tom, 2011. Deputy Supervisor, Santa Clara County Fire Department. Personal communication with LSA Associates, Inc. July 29. CITY OF SARATOGA APRIL 2013 COMMERCIAL LEARNING CENTER PROJECT INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 114 1 12250 Saratoga Sunnyvale Rd. Saratoga, CA 95070 Phone: (408) 781-7866 Fax: (408) 320-4867 Project Summary 1. General description The property is located at 12250 Saratoga Sunnyvale Rd, Saratoga, CA 95070 and its lot size is about 44,000 sq.ft (1.01 acre) with CV (Commercial Visitor) zoning. The APNs are 386-30-036, 386-30-037, and 386-30-038. There is an existing building with the size of 13,648 sq.ft. The building currently contains light industrial workshops and retail stores. We plan to demolish the existing building and construct a new two story commercial complex building. The new building is proposed to contain 11,700 SQ.FT of Commercial Office/Retail/Medical condo units, and about 11,090 SQ.FT of Day Care/learning center unit, with 2,289 SQ.FT of common area/circulation/stairs/elevator. The total building area is about 25,081 SQ.FT. For parking purpose, the 2,289 SQ.FT of common area is split into either commercial space or Daycare based on the percentage of pure area that the each usage is taken: 51.33% for commercial space and 48.67% for Daycare, therefore the overall commercial space including portion of common area is 12,876 SQ.FT and Daycare area including portion of common area is 12,205, so the total adds up to 25,081 SQ.FT. The project will be constructed an underground parking area at the basement with 22,307 SQ.FT. There is surface parking at front and back of the building at grade level. The 12,876 SQ.FT of commercial space requires 64.38 parking spaces (200 SQ.FT per parking) and Daycare requires 31.2 parking(per city code and special study: refer to site operation analysis report), so the total parking spaces are proposed to be 96 to meet overall parking requirement. There is an outdoor play area of 3,434 SQ.FT for Day Care/Learning center use. 115 2 The project application is submitted for design review and conditional use permits for the following conditional use: 12,205 SQ.FT maximum of private Day Care facility (including portion of common area); 5,942 SQ.FT maximum of medical/dental office/clinic use (including portion of common area). The building space can also be used as the common retail/office units permitted by CV zoning. 2. Day Care/Learning Center and its Operation pattern 1). Building and outdoor playground design The new design of outdoor playground of Day Care/Learning Center is located at the middle of the building and it is a courtyard style, so the noise is blocked from its residential neighbors by the back of the building. 2). Students and general operation It is planned to have 16 employees and projected students are 170, which includes 70 pre-school students and 100 after-school students. The student ages are from 3 to 13. Its operation date and time is 8:00 AM to 6:00PM in weekdays. 3). Delivery time The pre-school students are delivered around 8:00-9:00AM and the after- school students are picked up at regular schools and arrive in our center at different time. K-1 arrive about around 1:00PM and the other grades arrive between 2:30 to 3:30PM. 4). Pick-up time The programs for the different grades of students finish at different time. Pre-school and K-1 finish around 5:00PM and the other grades finish around 5:30-6:00PM. Therefore, the students are picked up by their parents at different time from 5:00PM to 6:30PM. The pre-school parents usually park their cars at underground parking lot or rear parking lot, and then pick up their children from the center. For after school parents, about 50% park their cars and the other 50% stop their cars at curb or pickup/drop off area to pick up their children. 116 3 The above delivery and pick-up time and pattern can relieve traffic and parking peak and nicely distribute the traffic. 3. Market analysis The proposed new development contains three types of uses: a/. Day Care/Learning center, b/. Retail/food service use, and c/. Medical/dental and other type of commercial space, such as office units. 1). Day Care/Learning center Day Care/Learning center has high demand in this triangle area(Saratoga/Cupertino, and West San Jose) due to its cultural environment and population preference(residents living in this area). Although there are many this type of service in the area, but high quality ones, especially with required hardware/property standard is very limited. Currently, the requirements for Day Care service by state legislation need minimum outdoor play area in place to serve children’s need for outdoor activities. However, there is very limited Day Care services in the area have this outdoor play are to meet state requirements and to serve for children’s needs for outdoor activities. Our proposed development will meet state requirement and provide the facility to children and family, therefore, it will serve the community and children better and healthier. And also, with so many school age children come to the swimming center, which is a direct neighbor of the proposed development, for swimming lessons and practice daily and weekly, it has already been asked by the parents for the type of Day Care and after-school programs to suite for their need and convenience since they only need come to pick up once without having to go somewhere else to pick up and deliver. This type of service next to swimming school is a natural combination to serve parents in the area better. 2). Medical/Dental office/clinic service 117 4 Although there are some dental/medical units are near highway 85 and De Anza Blvd, there is limited use nearby the proposed development. The proposed new building is with contemporary design and with attractive appearance/looking. It is expected that the new development will draw professionals and practitioners’ interests and demands to more permanent settlement for their service since they can buy and own the property, design/renovate the interior of the unit per their needs and preference. In General, dental/medical units need substantial investment for interior structure layout and internal construction, therefore, own the real estate property is much more worth than rent the property since they permanently own the property and investment. This will potentially draw much more demands and stabilization of service and business. As shown above, the proposed development should not only renovate the area and make the area more pleasant to live, work and come for service, but also drive the local business to a new level. 118 1 Project Consistency with Applicable Saratoga-Sunnyvale Road Design Guidelines Design Guidelines Consistent with Project? Architecture and Materials 1. Encourage smaller-scale building floorplates with an appropriate scale and architectural style, consistent with early Californian architectural styles, (including, but not limited to, Craftsman, Queen Anne, Stick, and Mission) that conform to the look of the general area. (Goal B,C) Consistent. The proposed building would be consistent with the look and feel of other commercial and mixed use buildings in the area. The proposed architecture references a traditional architectural style, with stone veneer and flat roof tiles. 2. Buildings should relate specifically to Saratoga's residential areas and illustrate residential massing with low-pitched gable or hip roofs, dormer windows, etc. (Goal C) Consistent. The roof portion visible from the Saratoga-Sunnyvale Road would be of low pitch, and would have a similar appearance to residential roofs in the neighborhood. 3. In order to reduce the perceived scale of buildings, building masses shall be broken into smaller components. Large “boxes” with no articulation will not be allowed. (Goal C) Consistent. The facade of the building visible from Saratoga-Sunnyvale Road would be articulated and broken into smaller components. 4. Building walls and rooflines should include articulation, with a change in surface materials, color or surface plane. All primary building entrances must be identified with architectural details such as towers, projections, varied roofs, trellis work, pergolas or covered entry ways. (Goal B,C) Consistent. A variety of materials would be incorporated into the main façade of the building, and the main entryways would be emphasized using materials such as stone veneer and metal-framed doors. 5. Buildings should be designed with vertical breaks to create differentiation along the front facade. This can be done with indented balconies or/and articulation of massing or/and changes in material, texture, and color. (Goal C) Consistent. The design of the project features a covered entryway, and changes in materials to create differentiation along the front facades. 6. Corners of buildings should be highlighted with special design features to increase visual interest where appropriate. Entrances or display windows to the retail shops are encouraged at building corners that face street corner locations. (Goal B) Consistent. Display windows and venting detail would be placed at the corners of the building, windows and exposed rafter portions in the roof along the facades that would face Saratoga-Sunnyvale Road. 7. Rooflines should be varied in style and size to create interest. All buildings should include roof features such as pitched roofs, detailed parapets, or entry features. Rooftop Consistent. A covered entryway would create a varied roofline on the building. Mechanical equipment, which would be located on the roof of the building, would 119 2 Design Guidelines Consistent with Project? mechanical equipment shall be screened on all sides. (Goal B,C) be screened from view on all sides by painted plywood panels. 8. Rooftop mechanical units, vents, and flues shall be screened. Screening rooftop mechanical equipment by means of pitched roof forms or penthouses is encouraged. (Goal B,C) Consistent. See #7. 9. Service and loading areas should not be located immediately adjacent to residential uses or Saratoga Sunnyvale Road. (Goal B,C) Consistent. Loading would be located along the eastern façade of the building, but not immediately adjacent to residential uses (which border the sites to the east). 10. A specific color palette, list of materials, and common architectural features will be required for all development in the Saratoga Gateway District. This is intended to establish a common theme or style of architectural design for all buildings within the District. All buildings shall incorporate 360 degree (i.e., all building faces) use of materials and color. (Goals B,C) Consistent. Colors include tans, creams, beiges, browns, grays, and subtle greens. Specific list of materials include cultured stone veneer, barreled vault stone coated roofing tile, cedar board siding and exterior plaster. Common architectural features include the recessed second story and metal doors and frames 11. Colors for all buildings should be earth tones, neutrals and soft muted colors. The predominant color should be in the range of grays, beige through dark brown, terra cotta and sandstone, dark greens, or muted red. Bright intense colors are not allowed. Stark white or black is discouraged for use other than as trim. Un-muted primary colors are not allowed. (Goals B,C) Consistent. Based on color board for the project, colors used would primarily be browns and grays. Building materials would not feature bright primary colors or stark black and white color patterns. 12. Finish materials for walls should be predominantly natural materials such as brick, textured block, stone, slate, stucco, wood, clap board siding or textured and colored concrete that closely resembles such materials. Accent materials may include canvas for awnings, metal trim, ceramic tiles, concrete castings, terra cotta, or stucco. Window and door trim should be bronzed or baked enamel colored finish that is complimentary to the color of the wall. Materials such as galvanized metal, glossy aluminum, smooth concrete, metal siding, vinyl, and reflective glass are not allowed. (Goals B,C) Consistent. The facades of the projects would include natural-looking materials such as cedar siding and stone veneer. Window and door trim would generally be of metal construction, and would be complementary to other design materials and consistent with other commercial uses in the area. 120 3 Design Guidelines Consistent with Project? 13. Encourage canopies/awnings/arcades to define entrances and provide shelter along buildings. (Goal B) Consistent. An arcade would be developed along the western facades of the building, behind the front parking lot. 14. Building entrances should be set back from drive curblines to achieve public safety and entry articulation. (Goal B) Consistent. The building would be set back from the curb line of the shared driveway with a walkway/landscaped area. 15. Building entrances should be identifiable from parking areas. (Goal A, B) Consistent. The building entryway would be identifiable from front parking areas due to the use of distinctive building materials and prominent doorways. 16. Building materials should include appropriate materials to achieve city council goals. Such materials should establish a single, recognizable style, consistent with early California, for all adjacent commercial areas. The rural residential character of the City should be maintained through low residential densities, extensive landscaping along streets and the relatively low profile and height of structures. In commercial areas this can be achieved by the use of architectural features, materials and color to reduce bulk and mass. The use of traditional residential architectural design themes that can be transformed into effective commercial functions can be an effective method in which to achieve this goal. (Goal B) Consistent. The project would include a landscape buffer along Saratoga-Sunnyvale Road and traditional architectural themes (including gently-sloped roofs and the use of natural-looking materials such as stone veneer and cedar siding). Although the projects would exceed the height limit established for the sites, the proposed height would be similar to that of the medical- office complex to the south of the sites, and to the townhouse development to the north of the adjacent aquatic center. 17. A predominance of masonry, wood and brick shall be used on ground levels of all buildings. (Goal B) Consistent. The building would utilize wood siding and stone veneer on the ground levels. 18. Reflective materials such as bright aluminum and glass are not allowed as the primary building material on exteriors. (Goal B) Consistent. Although glazing would be used throughout the proposed building, the main façade of the structure would be dominated by non-reflective materials of plaster, wood horizontal siding, and stone. 19. Pedestrian amenities, such as benches, trash receptacles, outdoor dining and vendor carts on private property, are encouraged to be consistent with the theme established by Saratoga-Sunnyvale Road Gateway. (Goal B) Not Yet Determined. The design of such pedestrian amenities has not yet been finalized by the project sponsors. 121 4 Design Guidelines Consistent with Project? Landscaping and Buffering 1. Landscape islands should be provided in parking lots to interrupt consecutive runs of parking spaces. Landscape islands shall incorporate a mix of shade tree and shrub plant material to visually buffer internal site views from both ground and to provide shade. (Goal B,C) Consistent. Landscape buffers would be provided in all surface parking lots. 2 Parking areas should incorporate low landscaping buffers to screen parked cars from adjacent streets. All head in parking adjacent to public right of way or residential areas shall be screened by one of the following: masonry wall, earthen berm, and/or dense shrub planting. (Goal B,C) Consistent. Landscape buffers would screen the surface parking lots proposed adjacent to Saratoga-Sunnyvale Road. Landscape buffers would also be used to screen the surface parking lots to the east of the building, and existing wall would be left in- place. 3. Landscaped parking islands and medians should constitute a substantial portion of the overall parking area to achieve an attractive commercial environment consistent with the Saratoga environment. (Goal B,C) Consistent. Landscaped areas would be included in the parking lot. At least two sides of the parking lot would be landscaped. 4 The use of landscaping should be encouraged to distinguish access points, break up parking and define pedestrian access and spaces. (Goal B,C) Consistent. Landscaping would be utilized throughout the site to identify access points and walkways, soften paved areas, and buffer the shared driveway. 5 Landscape layout and design should orient the pedestrian environment. (Goal B) Consistent. Landscaping would be used to connect the pedestrian realm adjacent to Saratoga-Sunnyvale Road to the pedestrian walkways on the site. 6. Street tree plantings shall be required where none exist along Saratoga-Sunnyvale Road to promote a consistent tree canopy, reduce perceived building heights and provide shade. Street trees shall be pruned and otherwise maintained to provide visibility of businesses and to encourage proper growth and height. (Goal B,C) Consistent. Trees are being proposed along the front setback of the project and adjacent to Saratoga-Sunnyvale Road. 7 Private drives serving the internal circulation needs of proposed development shall require street tree plantings. (Goal B,C) Consistent. The landscape plan identifies the tree planting adjacent to the private drive. 8 Shrubs, groundcovers and perennial plantings are encouraged between detached pedestrian walks and buildings. (Goal B,C) Consistent. Groundcovers and other low- growing plant species would be planted adjacent to the proposed buildings. 9 Trellises with flowering vines and hanging flower baskets are encouraged at Not consistent. Trellises and hanging flower baskets are not identified on the landscape 122 5 Design Guidelines Consistent with Project? building entries to make the entry more easily identifiable, provide pedestrian scale and add visual interest. (Goal B,C) plan. 10. Buffering between commercial or mixed use projects and adjacent residential uses shall incorporate the following: (Goal B,C) • Solid (decorative) masonry wall. • Exclusive landscape buffer area reserved for buffering purposes - no private outdoor use or other programmed activities are allowed within the buffer area. • Trees shall be 24” boxed size minimum. • Privacy issues shall be addressed through the citing of balconies and windows above ground floor level adjacent to residential properties to protect the privacy of residential neighbors. • Rear or side parking lots adjacent to residential uses shall be designed to address after hour security. Consistent. The existing wall would remain as part of the project. The wall separating the project site from adjacent residential uses is of masonry construction. All trees would be 24-inch box trees. Privacy and security issues would be addressed through the setback of the buildings from the eastern property line of the sites (and adjacent residential uses), removal of all second story windows facing the eastern property line and appropriate security lighting. 11. Buffering between commercial or mixed use development and other similar uses shall consist of a landscape area planted with trees, shrubs and groundcovers. (Goal B,C) Consistent. A landscaped buffer would be planted along the eastern boundary of the site, adjacent to residential uses. 12. The following list of trees shall be considered for incorporation into the design of commercial parking lots. (Goal B,C) Consistent. Pistacia chinensis (Chinese pistache) are listed in the “considered tree species” within the Design Guidelines and are proposed to be planted within the front parking lot area. Coast redwoods are proposed along the rear setback, in order to accommodate privacy concerns of the residential uses. Fencing and Screening Walls 3. Fencing is discouraged between properties of similar use. (Goal A,B,C) Consistent. No fence would be built between any project sites. A driveway would extend along the shared boundary. 5. Trash, service and loading areas should not be located adjacent to street frontages or adjacent to existing residential uses and will be screened from view from public streets. (Goal B,C) Consistent. Trash and loading areas would occur adjacent to the eastern façade of the building, separated from residential uses to the west of the site by a parking lot, 25 foot landscaped buffer, and wall. The trash area would be surrounded by a wall. Note: Policies related to Commercial Retail Signage and Lighting and Furnishings are not included in Attachment 3 because the project sponsor has not yet submitted detailed signage, lighting, and furnishing plans. 123 CITY OF SARATOGA SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES Adopted by the Saratoga City Council on November 19, 2003 124 TABLE OF CONTENTS Introduction ......................................................... Page 3 Applicability ........................................................ Page 4 Gateway District Boundary ................................ Page 5 Goals for Saratoga/Sunnyvale Road ................... Page 6 Design Guideline Objectives and Guiding Principles Page 8 Architecture and Materials ....................... Page 10 Commercial Retail Signage ..................... Page 13 Landscape and Buffering ......................... Page 15 Fencing and Screening Walls................... Page 17 Lighting and Furnishings ......................... Page 18 SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 2 125 INTRODUCTION The Design Guidelines for the Saratoga-Sunnyvale Road Gateway have been prepared to guide new development or property re-development in the Saratoga-Sunnyvale Road Gateway district. The Saratoga-Sunnyvale Road Gateway streetscape improvement master plan has been adopted to address improvements within the public street right-of-way to create a new northern gateway to the City. These guidelines build upon that plan to address private sector redevelopment that is anticipated to occur adjacent to the public street right-of-way on private, commercially zoned property. Additionally, the guidelines provide direction for the design of mixed-use projects that introduce a component of residential uses within the Gateway district, as provided for in the General Plan housing element. These design guidelines were developed in concert with the Saratoga-Sunnyvale Road Gateway master plan through a series of citizen Task Force meetings. Goals for the Gateway were identified at the initial Task Force meeting and further refined at successive meetings. An inventory of existing conditions and visual images that occur along Saratoga-Sunnyvale Road was prepared in the early stages of project development that served as the basis for a Visual Preference Survey. That survey allowed Task Force members to document their preferences as to what types of design elements reflected an appropriate character for Saratoga and the Gateway district. Draft guidelines and successive revisions to those drafts have resulted in this document addressing: • Applicability; • Gateway District Boundaries encompassing the C-V and C-N Commercial Zone districts; • Goals for the Saratoga-Sunnyvale Road Gateway; • Design Guideline Objectives and Guiding Principles, and Design Guidelines for: Architecture and Materials Commercial Retail Signage Landscaping and Buffering Fencing and Screening Walls Lighting and Furnishings SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 3 126 APPLICABILITY These guidelines and development standards are intended to govern new development occurring in the Saratoga Sunnyvale Road Gateway District, as defined by the boundaries described in this design guideline document. The guidelines are not intended to apply to existing uses or development (structures and site improvements) but rather, to new development of mixed use, commercial or residential projects or substantial redevelopment of existing uses as described below. 1. These development standards and guidelines shall not require properties in the gateway to be redeveloped as mixed use; 2. These development standards and guidelines shall apply upon reconstruction of 50% or more of the building total floor area of an existing building, cumulative over a 5 year period; 3. If rebuilding in-kind replacement of a current use due to a natural disaster or catastrophic event, the provisions of these development standards and guidelines shall not apply. SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 4 127 GATEWAY DISTRICT BOUNDARY SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 5 128 GOALS FOR SARATOGA- SUNNYVALE ROAD Goals established for Saratoga-Sunnyvale Road by the Saratoga Gateway Citizen Task Force are: 1. Create a memorable Gateway/Special Entry 2. Character and Image identifiable 3. Maintain business viability/commercial strength 4. User friendly 5. Improve Safety 6. Meet functional and other necessary requirements 7. Improve corridor consistency 8. Develop functional and character elements Goals established for Saratoga-Sunnyvale Road by the Saratoga City Council are: A. Successful Business Environment in the Saratoga-Sunnyvale Corridor o The primary planning and design objective for the Saratoga Gateway District is to organize buildings, parking, clear sight lines from the street to enhance business visibility of reasonable signage and internal site circulation to create convenient, community scaled commercial activity areas. B. Enhance the Neighborhood Quality of Life o Create an attractive theme to the Gateway area, such as a village or “town” look, which will encourage a retail destination for the local community and make a friendly pedestrian environment for existing and future housing and commercial uses. New developments must minimize impacts to residential neighborhoods by positioning commercial development toward the front of the property along Saratoga-Sunnyvale Road, while using landscape buffers, setbacks, and reduced building heights near the single story neighbors to enhance privacy. C. New Commercial Projects to be Consistent with the Rural Character of Saratoga. o The rural residential character of the City has been created and maintained through low residential densities, extensive landscaping along streets and the relatively low profile and height of structures. In commercial areas this can be achieved by the use of architectural features, materials and color to reduce bulk and mass. The use of traditional residential architectural design themes that can be transformed into effective commercial functions can be an effective method in which to achieve this goal. SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 6 129 D. Gateway Design Guidelines to be Consistent with Existing Saratoga Zoning Regulations. o The Gateway Design Guidelines need to focus on the look, feel and architectural quality of the Saratoga-Sunnyvale Corridor and are not intended to impose a surrogate set of defacto zoning regulations for one of several Commercial Districts within the City. For the purpose of the Design Guidelines, the goals are expanded upon to further define the scope of the proposed guidelines through the addition of the following objectives and guiding principles for planning and design that support each goal. The planning and design objective and guiding principles can be expressed in terms of the existing uses in the corridor and the potential future uses that might define a desirable future condition in the corridor. SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 7 130 DESIGN GUIDELINE OBJECTIVE AND GUIDING PRINCIPLES 1. Planning and Design Objectives 1 The primary planning and design objective for the Saratoga Gateway District is to organize buildings, parking and internal site circulation to create convenient, comfortably-scaled commercial activity areas. (Goal A) 2 Allow for incorporation of residential uses to increase diversity in Saratoga's housing stock. (Goal D) 3 Preserve and protect Saratoga’s pedestrian-friendly environment and enhance the quality of life by encouraging Commercial activity in the Gateway district. (Goal A, B) 4 Promote/encourage housing provisions consistent with General Plan for resident employees of the City of Saratoga businesses and service providers such as teachers. (Goal D) 5 Promote site design and other opportunities to encourage the display of public art. (Goal B) 2. Guiding Principles Guiding principles in support of those objectives include the following: 1 Encourage a diverse mix of complementary commercial uses (retail, restaurant, service, office) with residential uses located on upper floors and to the rear of the property. (Goal D) 2 Create a strong identity that represents the entire Saratoga Gateway District. This may be accomplished through the use of finishes or site elements that tie the different uses together. (Goal B, C) 3 Provide a variety of building sizes and building facade articulation to foster variety and mix in order to mitigate large-scale building masses. (Goal B, C) 4 Coordinate site development proposals to maximize site to site pedestrian connections. (Goal A) 5 Coordinate site development proposals to promote shared parking where possible. (Goal A) 6 Locate service and ancillary areas so that they can be visually screened from the view of residential occupants and are located away from Saratoga-Sunnyvale Road and pedestrian use areas. (Goal B,C) SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 8 131 7 Encourage site design where parking does not dominate site layout from Saratoga-Sunnyvale Road or from buildings. (Goal A) 8 Where appropriate, provide direct, continuous pedestrian routes from the street to building entries, across all large parking areas and between all activity areas of the Saratoga Gateway District. (Goal A, B) 9 Mitigate adverse impacts to existing neighboring uses and commercial uses. (Goal A,B,C) 10 Encourage commercial development toward the front of the property along Saratoga-Sunnyvale Road. (Goal A,B,C) 11. Any redevelopment projects shall provide sound walls and landscape screening in order to protect the privacy and quality of life of abutting residential land uses as provided for in these design guidelines. (Goal B) 12. Where feasible highly promote and encourage site-to-site circulation unless uses are incompatible. (GoalA,B) SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 9 132 ARCHITECTURE AND MATERIALS 1 Encourage smaller-scale building floorplates with an appropriate scale and architectural style, consistent with early Californian architectural styles, (including, but not limited to, Craftsman, Queen Anne, Stick, and Mission) that conform to the look of the general area. (Goal B,C) 2 Buildings should relate specifically to Saratoga's residential areas and illustrate residential massing with low-pitched gable or hip roofs, dormer windows, etc. (Goal C) 3 In order to reduce the perceived scale of buildings, building masses shall be broken into smaller components. Large “boxes” with no articulation will not be allowed. (Goal C) 4 Building walls and rooflines should include articulation, with a change in surface materials, color or surface plane. All primary building entrances must be identified with architectural details such as towers, projections, varied roofs, trellis work, pergolas or covered entry ways. (Goal B,C) 5 Buildings should be designed with vertical breaks to create differentiation along the front facade. This can be done with indented balconies or/and articulation of massing or/and changes in material, texture, and color. (Goal C) 6 Corners of buildings should be highlighted with special design features to increase visual interest where appropriate. Entrances or display windows to the retail shops are encouraged at building corners that face street corner locations. (Goal B) 7 Rooflines should be varied in style and size to create interest. All buildings should include roof features such as pitched roofs, detailed parapets, or entry features. Rooftop mechanical equipment shall be screened on all sides. (Goal B,C) 8 Rooftop mechanical units, vents, and flues shall be screened. Screening rooftop mechanical equipment by means of pitched roof forms or penthouses is encouraged. (Goal B,C) 9 Service and loading areas should not be located immediately adjacent to residential uses or Saratoga Sunnyvale Road. (Goal B,C) SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 10 133 10 A specific color palette, list of materials, and common architectural features will be required for all development in the Saratoga Gateway District. This is intended to establish a common theme or style of architectural design for all buildings within the District. All buildings shall incorporate 360 degree (i.e. all building faces) use of materials and color. (Goals B,C) 11 Colors for all buildings should be earth tones, neutrals and soft muted colors. The predominant color should be in the range of grays, beige through dark brown, terra cotta and sandstone, dark greens, or muted red. Bright intense colors are not allowed. Stark white or black is discouraged for use other than as trim. Un-muted primary colors are not allowed. (Goals B,C) 12 Finish materials for walls should be predominantly natural materials such as brick, textured block, stone, slate, stucco, wood, clap board siding or textured and colored concrete that closely resembles such materials. Accent materials may include canvas for awnings, metal trim, ceramic tiles, concrete castings, terra cotta, or stucco. Window and door trim should be bronzed or baked enamel colored finish that is complimentary to the color of the wall. Materials such as galvanized metal, glossy aluminum, smooth concrete, metal siding, vinyl, and reflective glass are not allowed. (Goals B,C) 13 Encourage canopies/awnings/arcades to define entrances and provide shelter along buildings. (Goal B) 14 Building entrances should be set back from drive curblines to achieve public safety and entry articulation. (Goal B) 15 Building entrances should be identifiable from parking areas. (Goal A, B) 16 Building materials should include appropriate materials to achieve city council goals. Such materials should establish a single, recognizable style, consistent with early California, for all adjacent commercial areas. The rural residential character of the City should be maintained through low residential densities, extensive landscaping along streets and the relatively low profile and height of structures. In commercial areas this can be achieved by the use of architectural features, materials and color to reduce bulk and mass. The use of traditional residential architectural design themes that can be transformed into effective commercial functions can be an effective method in which to achieve this goal. (Goal B) SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 11 134 17 A predominance of masonry, wood and brick shall be used on ground levels of all buildings. (Goal B) 18 Reflective materials such as bright aluminum and glass are not allowed as the primary building material on exteriors. (Goal B) 19 Pedestrian amenities, such as benches, trash receptacles, outdoor dining and vendor carts on private property, are encouraged to be consistent with the theme established by Saratoga-Sunnyvale Road Gateway. (Goal B) SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 12 135 COMMERCIAL RETAIL SIGNAGE 1 Signage should be visible but fit appropriately with building architecture. (Goal A,B,C,D) 2 Sign materials should be complementary and consistent with architectural materials. (Goal B,C) 3 No pole-mounted signs identifying commercial businesses are allowed. (Goal D) 4 No permanent billboards are allowed anywhere in the Saratoga Gateway District. (Goal D) 5 Monument signs shall exhibit the following design character: (Goal A,B,C,D): • Horizontal orientation. • External illumination is strongly encouraged. • Internally lit signs are subject to design review. • Limited to one monument sign per parcel. • Sign size “matched” to frontage length of parcel. • Must use natural materials. • Encourage monument signs to be designed consistent in size and appearance within the Gateway. • Monument signs are to be placed so that they are visible to passing motorists. • Must maintain adequate landscaping around the monument sign. • Commercial signs for the identification of multi-tenant projects or buildings should be ground mounted, internally or ground-lighted with a masonry base that is integrated with site landscaping. • Signage should be ground-lit or otherwise washed with light from a concealed light source. 6 Storefront/Shop signage (Goals A, B,C,D): • Prefer indirect illumination. • Internally illuminated signs only permitted along Saratoga-Sunnyvale Road. These signs require design review. • Sign area and intensity as per Municipal code. • Individual storefront/shop signage at entries should be encouraged at a pedestrian scale, such as hanging signs under eaves, awning signs and building mounted signs. SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 13 136 7 Seasonal banners on light poles identifying the Gateway District may be permitted. It may be permissible to identify, in a small font, a business or individual in exchange for funding of the banners. (Goal B) SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 14 137 LANDSCAPING AND BUFFERING 1 Landscape islands should be provided in parking lots to interrupt consecutive runs of parking spaces. Landscape islands shall incorporate a mix of shade tree and shrub plant material to visually buffer internal site views from both ground and to provide shade. (Goal B,C) 2 Parking areas should incorporate low landscaping buffers to screen parked cars from adjacent streets. All head in parking adjacent to public right of way or residential areas shall be screened by one of the following: masonry wall, earthen berm, and/or dense shrub planting. (Goal B,C) 3 Landscaped parking islands and medians should constitute a substantial portion of the overall parking area to achieve an attractive commercial environment consistent with the Saratoga environment. (Goal B,C) 4 The use of landscaping should be encouraged to distinguish access points, break up parking and define pedestrian access and spaces. (Goal B,C) 5 Landscape layout and design should orient the pedestrian environment. (Goal B) 6 Street tree plantings shall be required where none exist along Saratoga- Sunnyvale Road to promote a consistent tree canopy, reduce perceived building heights and provide shade. Street trees shall be pruned and otherwise maintained to provide visibility of businesses and to encourage proper growth and height. (Goal B,C) 7 Private drives serving the internal circulation needs of proposed development shall require street tree plantings. (Goal B,C) 8 Shrubs, groundcovers and perennial plantings are encouraged between detached pedestrian walks and buildings. (Goal B,C) 9 Trellises with flowering vines and hanging flower baskets are encouraged at building entries to make the entry more easily identifiable, provide pedestrian scale and add visual interest. (Goal B,C) 10 Buffering between commercial or mixed use projects and adjacent residential uses shall incorporate the following: (Goal B,C) • Solid (decorative) masonry wall. • Exclusive landscape buffer area reserved for buffering purposes - no private outdoor use or other programmed activities are allowed within the buffer area. • Trees shall be 24" boxed size minimum. • Privacy issues shall be addressed through the citing of balconies and SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 15 138 windows above ground floor level adjacent to residential properties to protect the privacy of residential neighbors. • Rear or side parking lots adjacent to residential uses shall be designed to address after hour security. 11 Buffering between commercial or mixed use development and other similar uses shall consist of a landscape area planted with trees, shrubs and groundcovers. (Goal B,C) 12 The following list of trees shall be considered for incorporation into the design of commercial parking lots. (Goal B,C) The following trees may be used for site design but are not limited to: TREE NAME (BOTANICAL) TREE NAME (COMMON)FOLIAGE TYPE Acer platanoides varieties Norway Maple Deciduous Carpinus betulus European Hornbeam Deciduous Celtis sinensis Chinese Hackberry Deciduous Ginkgo biloba Maidenhair Tree Deciduous Lagerstroemia indica Crape Myrtle Deciduous Laurus x. 'Saratoga' Saratoga Laurel Evergreen Magnolia g. 'St. Mary' Saint Mary Magnolia Evergreen Pistacia chinensis Chinese Pistache Deciduous Pyrus calleryana Flowering Pear Deciduous Tristania conferta Brisbane Box Evergreen Tristania laurina Swamp Myrtle Evergreen SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 16 139 FENCING AND SCREENING WALLS 1 Fencing materials in the Saratoga Gateway District shall consist of wood, wood and masonry combinations or wood with masonry columns to reflect the general residential character of the Saratoga community. (Goal B,C) 2 Fencing installations shall incorporate continuous landscaping at the base and edges of the fence to integrate the fence with site and landscaping. (Goal B,C) 3 Fencing is discouraged between properties of similar use. (Goal A,B,C) 4 Trash service and loading areas should incorporate masonry wall buffers to screen service areas from adjacent streets. All trash, service and loading areas shall be screened by a masonry wall or enclosure designed to be an integral and complementary extension of the building architecture. (Goal B,C) 5 Trash, service and loading areas should not be located adjacent to street frontages or adjacent to existing residential uses and will be screened from view from public streets. (Goal B,C) 6 Trash and recycling enclosures shall be of masonry construction using broken face, slump block, raked joints or other textural variation to provide shadow effects and other subtle visual interest. (Goal B,C) 7 Self closing gates shall be provided on all trash and recycling enclosures. (Goal B) 8 Concrete-filled bollards or other means of corner protection are encouraged to protect enclosures from vehicular traffic and loading damage. (Goal A) SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 17 140 LIGHTING AND FURNISHINGS 1 Pedestrian lighting is encouraged throughout non-parking areas. A single “village” type thematic light fixture should be selected for the Saratoga Gateway District. (Goal A) 2 High-pressure sodium, wall pack and “barnyard” light types are discouraged. (Goal A,B,C) 3 All parking lot lighting shall be down cast “cut-off” type which will not cast glare on adjoining properties. A photometric study shall be required to document lighting levels at property line. Lighting should be directed away from existing residential property. (Goal B,C) 5 All pole lights shall use the same color and style of pole and fixture. (Goal B,C) 6 Site furnishings including benches, trash receptacles and bike racks should be complementary to the family of site furnishing elements designated for Saratoga-Sunnyvale Road gateway streetscape. (Goal B,C) 7 Bike racks shall be provided for new retail or mixed use development. (Goal B) 8 Site lighting shall be restricted to security lighting only after business hours. (Goal B,C) SARATOGA-SUNNYVALE ROAD GATEWAY DESIGN GUIDELINES 18 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 MPH Traffic Consulting       MEMORANDUM REPORT     Date: March 28, 2013   To: Yorke Lee, TimeSpace Square LLC From: Stephen Hough, P.E. Subject: Site Circulation and Parking Analysis for Saratoga Commercial Center         INTRODUCTION     This memorandum reports the findings of the site plan review for the commercial center located at 12250 Saratoga-Sunnyvale Road in Saratoga, California. The project site is located on the east side of Saratoga-Sunnyvale Road between Kirkmont Drive and Seagull Way. This report supplements the traffic impact analysis documented in the report titled Saratoga Commercial Center Transportation Impact Analysis, dated March 27, 2013.     Site access, circulation and parking are evaluated based on information provided on the site plan dated March 25, 2013, by George Meu Associates. The project would entail demolition of the existing building and construction of a new, two-story building. The project will consist of replacing the existing commercial space with 5,942 square feet (s.f.) of medical office, 3,808 s.f. of general office, 3, 125 s.f. of specialty retail, and 12,205 s.f. daycare/learning center that would accommodate up to 170 students.     SITE ACCESS     Access to the site will be provided via one driveway on Saratoga-Sunnyvale Road. The driveway, located on the southern border of the property, is to be shared with the adjacent property, designated as WVMA, located at 12260 Saratoga-Sunnyvale Road.     The site driveway extends from the street straight eastward to the rear of the site. On the north side of the driveway, between the building and the street, it provides access to a surface parking lot. In the middle third of the site, the driveway serves as a ramp that provides access to underground parking below the building. At the rear of the site, the driveway provides access to a second surface parking lot on the north side of the driveway_ The driveway is to be shared with the WVMA, from which that site too will have access.       1821S. Bascom Avenue #123 Campbell, California 95008 408-838-7434 mphtraffic@gmail.com 218 Memorandum to Mr. Yorke Lee, TimeSpace Square LLC March 28, 2013 2     h   Site Access Operations     At the intersection of the driveway and Saratoga-Sunnyvale Road, vehicle queues could form that could potentially exceed the length of the driveway or the length of storage available in the two- way-left-tum lane located in the median of Saratoga-Sunnyvale Road. Two of the movements were evaluated to determine if, based on the intersection and driveway geometries, excessive vehicle queues would be likely to occur.   Vehicles traveling southbound on Saratoga-Sunnyvale Road and turning left into the site would tum from the existing two-way center left-tum lane. There is about 150 feet of storage available for that movement, which would accommodate six cars in a queue. Since the site driveway is to be shared with the WVMA to the south, projected traffic from that site was included in this analysis. The magnitude of traffic generated by the WVMA was determined from a previous study of that site that was conducted in 2011. The volumes of traffic generated by the two sites are shown in Appendix A.   The analysis showed that for the southbound left-tum, the 95th-percentile maximum vehicle queue would be two vehicles (50 feet) in the AM peak hour, and one vehicle (25 feet) in the PM peak hour of traffic. These queue lengths would easily be accommodated within the 150 feet of storage available.   The same analysis was performed for the site driveway for vehicles leaving the site onto Saratoga-Sunnyvale Road. The analysis showed that the 951 -percentile maximum queues would be 150 feet in the morning and 150 feet in the afternoon. The site plan layout shows that these queues would extend part way down the ramp, though not to the entrance to the parking garage. lt's also worth noting that queues of these lengths might occur only about once or twice during each peak hour, and would be of relatively short duration. The analysis is shown in Appendix B.     Median Closure Option     The existing striped median extends about 300 feet along the site frontage and adjacent property frontages. The striped median extends between a median island at each end. Along the striped median section, there are three driveways on the west side and four driveways on the east side of Saratoga-Sunnyvale Road. Vehicles turning into and out of those driveways can tum left or right onto Saratoga-Sunnyvale Road, the former entailing use or the crossing of the striped median. This sometimes creates vehicle conflicts in or near the median as vehicles simultaneously turn into and out of adjacent driveways. The outbound left-tum trips from the project would be subject to these conditions.   This study therefore looked at the possibility of installing a median island in place of the existing striped median. In the scenario examined here, the median island would provide left-turn pockets southbound into the site and northbound into Kenyon Court. No outbound left turns from the driveways would be permitted. 219 Memorandum to Mr. Yorke Lee, TimeSpace Square LLC March 28, 2013 3           The geometry described above would require that some of the vehicles currently turning from or into or across the existing striped median turn right onto Saratoga-Sunnyvale Road and make a U- turn at the next available intersection. The intersections at which the U-turns would occur are Seagull Way for existing traffic destined northbound and Kirkmont Drive for existing traffic destined southbound. Those vehicles turning out of the project site to go southbound on Saratoga- Sunnyvale Road, which currently tum left, would then be required t() tum right onto Saratog Sunnyvale Road and then make a U-turn at Kirkmont Drive. This would affect traffic conditions at the intersection of Saratoga-Sunnyvale Road and Kirkmont Drive and at Saratoga-Sunnyvale Road and Seagull Way.   In order to determine the effect and whether it would significantly worsen traffic conditions, existing traffic affected by the median change was reassigned to reflect the change in road geometry. The extent of the change in conditions was then determined using the appropriate evaluation methods for the intersections: intersection level of service for the signalized intersection at Saratoga-Sunnyvale Road and Seagull Way, peak-hour signal warrants for the unsignalized intersection at Saratoga-Sunnyvale Road and Kirkmont Drive, and vehicle queuing at the intersection of Saratoga-Sunnyvale Road and the site driveway.   The reassignment of existing traffic was estimated based on the collection of data that showed the number of vehicles currently turning left onto Saratoga-Sunnyvale Road from the seven aforementioned driveways during the AM and PM peak hours. These volumes are shown on a diagram in Appendix C. Also included in the appendix are diagrams showing the reassignment of existing traffic and the reassignment of project trips.   The analysis showed that the volume of traffic, in the form ofU-tums added to the two affected intersections, changed traffic operations only marginally. The intersection at Saratoga-Sunnyvale Road and Kirkmont Drive still would not meet peak-hour signal warrants under background plus project conditions. The intersection at Saratoga-Sunnyvale Road and Seagull Way would still operate at LOS B in the AM peak hour and LOS A in the PM peak hour under background plus project conditions. Also, the vehicle queues at the left-tum pockets into and out of the site driveway would be satisfactorily accommodated by the left-tum storage. The maximum queue for the outbound left-turns and for the southbound left turns out of the median would decrease from 150 feet to 50 feet for both left turns. The signal warrant sheets, LOS calculation sheets, and queuing analysis sheets are included in Appendix D.     PARKING REQUIREMENT     For each project use there is a parking requirement, as defined by the city municipal code. The parking requirement needs to be met in order to provide a sufficient number of parking spaces to serve that use. Parking is required on-site for all uses on the site: medical office, general office, specialty retail, and daycare center. 220 Memorandum to Mr. Yorke Lee, TimeSpace Square LLC March 26, 2013       Commercial-Use Parking     The parking rates for the medical office, general office and retail are the same for each: one parking space per 200 s.f. of that use. For the 5,942 square feet (s.f.) of medical office space, 3,808 s.f. of general office space, and 3,125 s.f. of specialty retail space, then, the project would need to provide 64.4 parking spaces on site.   Daycare Center Parking     For the daycare use, the parking requirement is determined at the city's discretion. To assist in the process of making that determination, data were collected at daycare sites in the immediate vicinity of the project site.   Parking Survey     For this project, which includes a daycare center use, a daycare parking ratio needed to be established. To this end, a survey was conducted at the Growing Tree Learning Center located at 12000 Saratoga-Sunnyvale Road, just down the street from the project site. The site serves pre- school children, so it would provide the basis for determining the parking ratio for the pre-school portion of the daycare center for the project. The survey consisted of counting cars in the surface lot every 30 minutes for the full day of operation, between 8:00 a.m. and 6:30 p.m. It should be noted that the parking lot is shared with a couple other adjacent businesses. This required that the parking survey also include observations and quantification of the number of cars parked that were associated with the other uses.     The survey showed that the maximum number of cars parked, that were specific to the daycare center, was 17 spaces. This occurred at the end of the day. That number of parked cars included the cars used by employees of the daycare facility. It was also determined that there were 72 students in attendance that day. The parking ratio thus calculated was 0.24 spaces per student. Note that, although the ratio is expressed as a function of number of students, the actual number of spaces includes employees as we11. So application of the ratio of0.24 would provide enough parking for both students and employees. The parking survey summary is included in Appendix E.   The survey of the Growing Tree site served to establish the parking ratio applicable to the pre- school portion of the project daycare center use. However, the project will also serve after-school students, and the parking characteristics for pre-school and after-school students are different. This suggested that further examination of the parking characteristics of daycare centers was needed.             4     .. 221 Memorandum to Mr. Yorke Lee, TimeSpace Square LLC March 26, 2013 5       After-School vs. Pre-School Drop-Off and Pick-Up Characteristics     For pre-school students, every parent or caregiver who comes to the site (in this case, the Growing Tree site) to drop off or pick up the student must park their car and walk the child into or out of the building. This is because the young age of the pre-school children suggests they be escorted into and out of the building. This does, however, place a maximum load on parking demand. In a purely technical sense, for pre-school children, every student (except in the occasional case when two or more students are transported in one car) translates into one parking space.   To account for the differences in parking for pre-school and after-school students, data were collected to quantify the difference in pick-up and drop-off characteristics for after-school operations.   Proposed After-School Parking     The after-school students include children from kindergarten through 8th grade. The previously derived ratio of 0.24 spaces per student, which applied to pre-school children, needed to be factored to account for the fact that after-school students can be and are loaded/unloaded as well as parked.   In order to determine what percentage of after-school students are loaded/unloaded and what percentage of after-school students are parked, a survey was conducted of two daycare sites that serve after-school students. The sites surveyed were Happy Childhood Leaming Center and Brighter Future Leaming Center, both located on Saratoga-Sunnyvale Road within about one-half mile of the site of the proposed project. The survey consisted of observing and counting the number of cars that parked and the number of cars that loaded or unloaded students at the center between the hours of 1:00 pm and 6:30 pm on a weekday. Between the two sites, the average percentage of students that was unloaded or loaded was 40 percent, compared to 60 percent of arrivals that were parked t-0 pick up or deliver the students. Therefore, for the after-school students, a parking ratio equal to 60 percent of the previously-established 0.24 spaces per student was used. That ratio calculates to 0.144 parking spaces per after-school student. The survey data are included in Appendix E.   Total Daycare Parking Ratio     The proposed project would serve 70 pre-school students and 100 after-school students. The total parking requirement for the daycare use would therefore be 70 students at the rate of 0.24 and 100 students at the rate of 0.144, for a total of 31.2 parking spaces per student. Again, this total includes employees of the center because the original ratio of 0.24 included a count of all parked cars, including those of employees. 222 Memorandum to Mr. Yorke Lee, TimeSpace Square LLC March 26, 2013 6       Total On-Site Parking     The total parking required for the site would be 64.4 spaces plus 31.2 spaces, for a total supply of 95.6 parking spaces, rounding to 96 spaces. The site plan shows the project will supply 96 parking spaces, which would meet the city's parking requirement based on the daycare center parking ratio established above. The parking spaces are labeled on the site plan to indicate number.     DAYCARE CENTER DROP-OFF AND PICK-UP     The project would include, in the surface lot at the rear of the site, a passenger loading and unloading area for the daycare center. As described above, a distinction is made with regard to the type of drop-off or pick-up that occurs: dropping off and picking up by means of parking, and dropping off and picking up by means of unloading and loading passengers (children and students) at the curb or while stopped in the drive aisle in front of the daycare entrance. The distinction is made because it directly affects the amount of parking that the site needs to provide and it affects the length of the vehicle queues that will develop as cars wait to load and unload passengers.   In the previous description of the surveys conducted at the Happy Childhood and Brighter Future daycare centers, where after-school students are unloaded and loaded in front of the daycare center, it was determined that 40 percent of the students were dropped off and picked up thus. Assuming a worst case, in which all 100 after-school students are released during the peak hour, then 40 vehicles would arrive to load children during that hour. This equates to 0.67 cars per minute.   Observations in the field showed an average dwell time of approximately 5 minutes per car. This correlates to an average of 3.4 cars waiting at any one time during the peak hour. Based on statistical analysis, this means that the 90th-percentile vehicle queue would be 5.5 cars in the queue. This would equate to a maximum queue of about 125 to 150 feet. The total storage available (the length of the circular driveway in the lot), according to the current site plan, would be about 200 feet. Therefore the maximum vehicle queues at the loading area would fit within the effective storage area in the lot.     ON-SITE CIRCULATION AND PARKING DESIGN     Evaluation of on-site circulation and parking includes review of the driveway and parking aisles, the entrance to the underground parking, and the pick-up and drop-off area in the surface parking lot in the rear. 223 Memorandum to Mr. Yorke Lee, TimeSpace Square LLC March 26, 2013 7       Driveway Design     As stated previously, the main driveway, from the entrance and the full length to the rear of the site, will be shared with the adjacent property on the south side. The driveway is shown on the site plan to be about 22 feet wide. At the ground level, before the ramp, the driveway would be bordered on the north by a ten-foot strip of landscaping.     Ramp Design     The site includes a ramp that is designed for the purpose of accessing the underground parking. The ramp also serves as the driveway by which to access the rear of the site. The ramp is a continuation of the main driveway, both of which are 22 feet wide. Where the ramp meets the garage, the turning radius is 16 feet on both sides. The entrance to the garage is 26 feet wide.     Parking and Aisle Configurations     In both surface parking lots and the underground parking garage the parking spaces are oriented at 90 degrees to the drive aisles. All drive aisles are 24 feet or greater in width. All parking spaces meet the standards established by the city: standard parking spaces are at least 9 feet 6 inches wide and 18 feet long, and compact spaces are at least 8 feet wide and 16 feet long.     The Americans with Disabilities Act (ADA) requires that four handicap accessible parking spaces be provided for a facility with up to 100 total parking spaces. However, the ADA also requires that each separate area of parking is to have accessible parking. There will be provided three handicap spaces in the basement, one handicap space in the front surface lot, and one handicap space in the rear surface lot. This makes a total of five handicap spaces on site. The project would thus meet the ADA requirement. The dimensions of the handicap spaces meet the dimensional requirements, with spaces 9 feet 6 inches wide and 18 feet long.     The city code specifies that no more than 25 percent of the total required parking spaces be designated as compact parking spaces. The site plan shows there to be 23 compact parking spaces of the 96 total spaces. The number of compact parking spaces is therefore 24 percent of the total. This meets the city requirement.     The Santa Clara County VTA bicycle parking guidelines recommend that that the project provide three Class I bicycle parking spaces and six Class II bicycle parking spaces. For this project, visitors to the site are expected to use the Class II bicycle racks since their visits will be primarily short-term. The Class I bicycle lockers/secure enclosed areas are often more typical of public transportation nodes and similar situations where longer-term parking and storage occurs with the absence of other security. This project would encourage possible longer-term employee bicycle 224 Memorandum to Mr. Yorke Lee, TimeSpace Square LLC March 26, 2013 8       parking to be maintained within each tenant's own secure building premises rather than in a public common area. The availability of an elevator facilitates the moving of bicycles within the building. In accordance with this plan, the project proposes to provide a total of nine bicycle parking spaces of Class II type. This will satisfy the recommended total number of bicycle parking spaces.     Passenger Loading and Unloading Area     The project proposes to provide a passenger loading area that will accommodate one vehicle in front of the entrance to the daycare center . The passenger pick up/drop-off area is unobstructed by parking.     CONCLUSIONS     Review of the site plan for the proposed Saratoga Commercial Center project shows that the access, circulation, parking and loading area design features of the site are designed satisfactorily. The project provides parking that meets the City of Saratoga and the ADA parking requirements. The parking aisle at the rear of the site provides sufficient storage space to accommodate the estimated maximum queue of vehicles at the daycare center.     The evaluation of traffic operations at the site access on Saratoga-Sunnyvale Road showed that the inbound vehicle queues could be accommodated by the existing available storage in the median. The evaluation further showed that under the scenario with closure of the median on Saratoga-Sunnyvale Road, the shift in traffic would not cause a deterioration in traffic conditions at the adjacent intersections on Saratoga-Sunnyvale Road at Kirkmont Drive and at Seagull Way . 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248       PARKING COUNTS  1/15/2013 GROWING TREE LEARNING CENTER    12000 Saratoga-Sunnyvale Road             Students = 72               TIME  CARS PARKED 1    8:00AM  1    8:30AM  4    9:00AM  15    9:30AM  16    lO:OOAM  16    10:30AM  13    ll:OOAM  12    11:30AM  13    12:00 PM  14    12:30AM  11    1:00 PM  10    1:30 PM  12    2:00 PM  12    2:30 PM  16    3:00 PM  15    3:30 PM  14    4:00 PM  15    4:30 PM  14    5:00 PM  16    5:30 PM  15    6:00 PM  17    6:30 PM  14      Daycare Parking Ratio = 0.24 spaces per student 2   I I 1excludes cars parked for other adjacent sites using the same parking lot. 2 the daycare Parking Ratio = 17 parking spaces (maximum accumulation) I 72 students = 0.24 spaces per student; the parking ratio of 0.24 spaces per student provides for the parking demands for both students and employees. I I I I 249       Daycare Drop-Off/Pick-Up and Park        Location:   HAPPY CHILDHOOD        Date:   3/13/2013              Drop-Off  Pick-Up Period  Park Curb  Park Curb 12:30 12:45  0 0  0 0 12:45 1:00  0 0  0 0 1:00 1:15  0 0  0 0 1:15 1:30  1 0  0 0 1:30 1:45  0 0  0 0 1:45 2:00  0 0  0 0 2:00 2:15  5 0  0 0 2:15 2:30  0 0  0 0 2:30 2:45  0 2  0 0 2:45 3:00  4 8  0 0 3:00 3:15  1 2  0 0 3:15 3:30  7 13  0 0 3:30 3:45  1 8  0 0 3:45 4:00  1 3  0 0 4:00 4:15  0 0  0 1 4:15 4:30  0 1  0 0 4:30 4:45  0 0  1 0 4:45 5:00  0 0  1 0 5:00 5:15  0 0  3 0 5:15 5:30  0 0  3 1 5:30 5:45  0 0  6 1 5:45 6:00  0 0  11 3 6:00 6:15  0 1  6 7 6:15 6:30  0 0  13 8 6:30 6:45  0 0  0 4 6:45 7:00             TOTAL     20 38     44    25 250       Daycare Drop-Off/Pick-Up and Park                Location: BRIGHTER FUTURE   Date:   3/19/2013              Drop-Off  Pick-Up Period  Park Curb Park Curb 12:30 12:45           12:45 1:00  0 0  0 0 1:00 1:15  0 0  0 0 1:15 1:30  0 0  0 0 1:30 1:45  0 0  0 0 1:45 2:00  0 0  0 0 2:00 2:15  0 0  0 0 2:15 2:30  0 0  0 0 2:30 2:45  0 0  0 0 2:45 3:00  2 1  0 0 3:00 3:15  2 6  0 0 3:15 3:30  2 3  0 0 3:30 3:45  2 4  1 0 3:45 4:00  1 2  0 0 4:00 4:15  2 0  2 0 4:15 4:30  4 5  2 1 4:30 4:45  1 3  1 3 4:45 5:00  0 2  4 1 5:00 5:15  0 0  5 0 5:15 5:30  0 0  2 2 5:30 5:45  0 0  4 10 5:45 6:00  0 0  1 0 6:00 6:15  0 0  1 3 6:15 6:30  0 0  2 1 6:30 6:45           6:45 7:00             TOTAL     16 26   25   21   251 252 253 254 255 256 257 258 259 260 261 262 1      Monday, December 17, 2012 I believe the staff analysis of the Village guidelines for the project review on December 17 is inaccurate and biased toward the development. Here are my comments for this: 1. Encourage smaller scale building floor plates Architectural style such craftsman, Queen Anne, mission, etc. The finding says that the project is consistent with this guideline. It then talks about consistency with the look and feel of other commercial and mixed use buildings in the area. It does not deal with the main point of this standard which is smaller scaled building floor plates and the project is definitely non compliant with that standard. Also the traditional architectural style of the project is a long way from Craftsman or Queen Anne, etc. 2. Buildings should include low pitched gable or hipped roofs, dormers or windows, etc. The finding is consistent. That is wrong, the fact that the roof portion visible from Sunnyvale Saratoga would have a low pitch does not mean that it has gables or hipped roofs or dormers or windows. It is actually inconsistent with this standard and clearly so. 3. Standard 3 says, “Building masses shall be broken into smaller components.” Large “boxes with no articulation will not be allowed”. Again the finding is “consistent”, but the reality is that it is completely inconsistent. The fact that the facade has some minimal articulation has viewed from Sunnyvale Saratoga, head on, does not make up for the fact that it is in fact a “large box” when viewed from three sides, and from Sunnyvale Saratoga in any manner except head on. Even then, the articulation is minimal. 4. Standard 4 says, building walls and roof lines should include articulation and says primary building entrances should be identified with architectural details such as towers, projections, varied roofs, covered entryways or pergolas. The finding is consistent. The reality is inconsistent. Rather than talking about the building wall and rooflines needing to be articulated, the finding only talks about a variety of materials would be incorporated and then says that those materials would be used for things like veneer and metal frames doors. That hardly qualifies as “towers, projections, pergolas or covered entryways.” 5. The 5th standard says, “Building should be designed with vertical breaks to create differentiation along the front facade. This can be done with indented balconies and/or articulation of massing, etc.” Once again, the finding of consistent does not make sense. The finding only talks about a covered entry way and changes in materials. There are no vertical breaks in the front facade and that is the point of this standard. 6. The 6th standard says that building corners should be highlighted with special design features and then says entrances or display windows are 263 2      encouraged at building corners. The finding is consistent but ignores the first part of the standard and only mentions that display windows would be placed at the corners. The design does not show special features that increase visual interest at the corners. On a regular basis this analysis “cherry picks” small portions of a standard and ignores other portions that are consistent with the project. 7. The 7th standard is that roof line should be varied in style and size to create interest and that all building should include features such as pitched roofs, detailed parapets, etc. The finding is consistent, but it is not clear how that could have been arrived at. The analysis says a covered entryway would create a varied roofline on each building. The design shows an entryway only at the first floor. This is not an analysis of both buildings. The project is only one building so what is the analysis talking about when it mentions a varied roofline on each building. The roofline on the building that is shown in this project is a flat roof rather than pitched or detailed parapets. 8. The 14th standard says that building should be set back from drive curb lines to achieve public safety. The analysis says the building is set back from the curb of the shared driveway. However, that set back is so small that it hardly ensures public safety. In fact, the traffic pattern on site described for this project raises most serious safety concerns, particularly for the young children that would be using half of this project. 9. The 15 standard says building entrances should be identifiable from parking areas. Here again, the finding is “consistent”. Then the analysis says that the building entry would be identifiable from parking area but does not bother to say that it will not be identifiable from rear parking areas or under ground parking areas, and those are both included in the standard. 10. Under the next part of the standards, landscaping and buffering, standard 1 says landscape islands shall be provided in parking lots and, here again, the analysis is “consistent”. The analysis says landscape buffers would be provided but that is not the same as landscape islands and the design is inconsistent with this standard. 11. The third standard says landscape parking islands and medians should constitute a substantial portion of the overall parking area. The analysis says the project is consistent and then says that landscape areas would be included in the parking lot. Actually, the landscaped areas are buffer areas and not part of the parking areas at all. The project is inconsistent with this standard. 12. Standards 4 and 5 say landscaping should distinguish access points, break up parking and define pedestrian access and spaces and that landscaping layout and design should orient the pedestrian environment. Both of these 264 3      standards are analyzed as consistent by staff but neither is. Landscaping does not define pedestrian areas and the landscape layout and design do not orient pedestrian environment. Instead, it is the parking areas and the driveway and one side of the building that define the pedestrian walkways and there is very little of outdoor pedestrian areas. 13. Standard 7 says that private drives serving internal circulation requires street tree plantings. The finding is consistent but the drive runs between this project and the proposed project next door without tree plantings. As a member of the task force that worked on the Gateway Guidelines 10 years ago, I feel it is obvious that in this portion of the report the staff is not correctly interpreting the guidelines as approved by the city council and were lead to belief would be followed. Jack Mallory John "Jack" Mallory 12258 Kirkdale Drive Saratoga, Ca 95070 408 252 7447 Mallory58@aol.com 265     Monday, December 17, 2012    Mitigated Negative Declaration I understand that, according to CEQA, the city must complete an initial study to determine  that this project can use a mitigated negative declaration. I question if it is possible to reach a  mitigated negative declaration , especially based on the traffic issues related to this  development and the Muslim project and raised in an earlier submittal to you. I request a copy  of the city’s study. Question submitted by: John "Jack" Mallory 12258 Kirkdale Drive Saratoga, Ca 95070 408 252 7447 Mallory58@aol.com 266 1  Saratoga City Hall January 15, 2013 Planning Department  13777 Fruitvale Avenue   Saratoga, CA 95070    Dear Planning Commission members and City Planning Staff,    After reviewing the Time Space proposed development near our homes we wish to go  on record describing our concerns and indicating our recommendations.     Neighbors concerns over the Time Space proposal: 1. Traffic, noise and gas fumes from the cars in the rear of the building caused by the 170 students dropped off and pick up twice daily 2. Building height increase from 20 feet to 25 to 30 feet rising above the neighborhood and blocking view of the hills. 3. Hours of operation from early in the morning to evening and some on weekends. 4. With child care, classes, and play areas in the rear it is like having a new school adjacent to our backyards. If the West Valley Muslim Association project is approved, there will also be a gymnasium and religious meeting hall as well directly behind our homes. 5. Violates the Gateway Guidelines regarding the impact of this proposed commercial development on neighbors. The guidelines refer to “Enhancing the Neighborhood Quality of Life.” 6. Very dense use with about 200 people on approximately one acre site. Decreased value of residential homes By permitting increased height, maximum size building, specified uses, and rear noise from traffic we believe this will substantially increase the value of the commercial property and decrease the value of our homes. Recommended changes to meet the guidelines and neighbors concerns: 1. Reduce the height of the project to meet the guidelines. 2. Reduce bulk and size of the building and meet the architectural guidelines for the Gateway. This long narrow and high building is too big for a small site. It should be redesigned and moved to the front of the lot consistent with the guidelines. Eliminate the setback variances requested. 3. Eliminate rear building drop off and pick up. 4. Minimize the mechanical equipment on top of the roof or better, place the mechanicals inside the building to decrease the height and blocking views of the hills. 5. Deny the School/Childcare use as it is inconsistent with the Gateway Guidelines for this business district, impact on the neighbors, and safety and traffic problems. 267 2  General Gateway concerns 1. Gateway image including the growing institutional look, landscaping, etc. 2. The city’s answers to our questions about the mitigated negative declaration and the staff analysis of the Gateway Guidelines to this project. Sincerely, John Mallory, submitted for the following Don and Jean Wilson, Ron and Lizbeth Clark, Jack and Sue Mallory, Ed Kwan & Elaine Chan, Bu-Chin & Rhoda Wang, Ariel Smart, Bobbie Brendlen, Charles Ye & Debbie Zhang, Carol & Ray Liang, and Bill and Betty Benevento. We are residents living within 500 feet of the Time Waste Proposal. 268 1 Michael Fossati From:Mallory58@aol.com Sent:Friday, May 10, 2013 10:02 AM To:Michael Fossati Subject:Landscaping Follow Up Flag:Follow up Flag Status:Flagged Saratoga Planning Department  Mike Fossati,   Following up on our conversation regarding landscaping the proposed Time Share building:  1. Trees in front of the building  The 2003 Gateway plan had large trees lining Saratoga Sunnyvale Road making an  impressive entrance to Saratoga.  Please include these in the landscaping.  2. Trees in rear of the building  I have discussed these with my neighbor Bill Benevento. If it makes sense, consider  planting the taller redwoods immediately adjacent to the rear parking area and planting  the lower Chinese Pistachios between the redwoods and the common fence.   3. Existing concrete fence between the properties  The concrete fence was crudely constructed by a previous commercial property owner  especially on my side.   It should have a facing.  Consider a brick facing on my side and, if  necessary, I would pay some of the cost for a suitable brick color and design.    The trees and brick facing would make for an attractive and acceptable buffer between the properties.  Thanks for considering these ideas for the development of the Time Share building.      Jack Mallory  269 1 Michael Fossati From:Mallory58@aol.com Sent:Wednesday, May 15, 2013 2:50 PM To:James Lindsay Cc:Michael Fossati Subject:Mitigated Negative Declaration comments Wednesday, May 15, 2013  Planning Commission and staff,  Subject: Commercial Learning Center Environmental Initial Study and Mitigated Negative Declaration  I have reviewed this report for the proposed Timespace project and have the following comments:  1. Table 1: Project Consistency with Applicable Saratoga‐Sunnyvale Road Design Guidelines  1) Encourage smaller‐scale building floor plates—It is clear that the large rectangle buildings  are definitely not consistent with the Gateway Plan  2) Buildings should relate specifically to Saratoga’s residential areas—It is clear that the large  buildings do not relate to residential homes.  3) Large boxes with no articulation will not be allowed—To me the actual building has little  articulation.  16) Regarding the staff height comment  The comment said the project would exceed the height limit established for the site but the  proposed is similar to the medical‐office complex to the south and to the townhouse development  to the north‐‐This is true but the older buildings were developed before the 2003 Gateway  Guidelines were adopted. Therefore, there is no precedence for using these buildings as a basis for  justifying the increased height of the TimeShare building.  2. Other comments on the report  1. Idling time—how will this be monitored when/if the building is operational to  reduce the pollution and sound?  2. Emergency Response Plan—is there a plan for auto fires in the basement or in the  rear of the building especially as there only one way in and out.  3. Existing drainage run off—the run off comes down from the front of the building to  the rear.  Has this been checked to be adequate as the property owned by the  Muslim Association has maintenance problems in the rear of their property?   4. Outdoor Play area—the current play area is designed with a four foot wall.  Could  this be increased to 5 or 6 feet to minimize noise to neighbors?  5. What is the weekend use and hours of this building?‐‐The weekly hours stated go to  7:00PM.  What is the use planned and allowed on weekends?  6. How will the Muslim project impact the Time Share project and the city reports?  7. Transportation and Traffic—How will the city respond if there is a need for  additional parking needs for this project?  8. There are security issues at night in rear commercial lots especially near homes.  What plans are there to secure this area at night such as for burglars, etc.?    9. Will the open median on Saratoga Sunnyvale Road be closed?  10. What is the rear height of the building?  270 2 11. Street Tree Plantings—A major canopy of trees was part of the 2003   Gateway Plan.  Is it being implemented consistently in this project and others?  12. Will this large educational and child care facility and the existing other facilities in  this area require autos to slow to 25 mph on Saratoga Sunnyvale Road?  13. Will rooftop mechanical units, etc.  increase the height about 4 feet to 29 feet?  14. Buffering between commercial and residential  The existing concrete wall between the commercial lot and the neighbors was  crudely done by a prior commercial owner. Will it be redone or improved to be more  attractive and extended to the full length of the commercial lot?                      Sincerely,       Jack Mallory  John "Jack" Mallory 12258 Kirkdale Drive Saratoga, Ca 95070 408 252 7447 Cell 408 981 8468 Mallory58@aol.com 271 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 22nd day of May, 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: PDR10-0022, CUP10-0011, VAR13-0003, SUB12-0005 / 12250 Saratoga-Sunnyvale Rd. APPLICANT/OWNER: TimeSpace InvestDev, LLC. APN: 386-30-036, 386-30-037, 386-30-038 DESCRIPTION: The applicant is requesting Design Review, Conditional Use Permit, Variance and Tentative Map approval to construct a proposed 25,081 sq. ft. new commercial building with a underground parking garage. The two-story building would include approximately 8,860 sq. ft. of professional, administrative and medical office, 11,091 sq. ft. of institutional facility (children’s learning center and day care facilities), 2,840 sq. ft. of retail food sales and 3,434 sq. ft. of outdoor play area. A conditional use permit is requested for the medical office and institutional facility component. A variance is requested for the proposed 24.35 feet height of the new commercial building. 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 Monday, May 13, 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. Michael Fossati Planner (408) 868-1212 272 Subject APN: 386-30-036,037,038 Address: 12250 Saratoga-Sunnyvale Rd 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 273 Parcel Number Owner Name Owner Address Owner City, State Zip #5296 500' OWNERSHIP LISTING Prepared for: 12250 Saratoga-Sunnyvale Rd 366-12-054 WHITELAW PROPERTIES LLC 12333 SARATGA-SNYVLE RD #A SARATOGA CA 95070 366-12-065 ZOE ALAMEDA-FAROTTE 12341 SARATOGA-SUNNYVALE RD SARATOGA CA 95070 366-12-066 DOLORES OLIVER-JAMHOUR 17330 LOCUST DR LOS GATOS CA 95033 366-12-072 PUBLIC STORAGE INC P O BOX 25025 GLENDALE CA 91221 366-35-001 DAVID R & GEORGIA Y NOWLIN 884 TYNOR WAY INCLINE VILLAGE NV 89451 366-35-002 CAROL S TUCKMAN 20555 OAK CREEK LN SARATOGA CA 95070 366-35-003 BECKY C LEE 20559 OAK CREEK LN SARATOGA CA 95070 366-35-004 CRICHTON FAMILY TR 20563 OAK CREEK LN SARATOGA CA 95070 366-35-005 BRIAN & KRISTI T SACKETT 20567 OAK CREEK LN SARATOGA CA 95070 366-35-006 SALLAN C NANCY 20571 OAK CREEK LN SARATOGA CA 95070 366-35-007 KUANG MING & CHEN LINDA CHU 20575 OAK CREEK LN SARATOGA CA 95070 366-35-008 WILLIAM R & JOAN E SILVER PO BOX 1764 LOS ALTOS CA 94023 366-35-009 VISHWAMBER & RAO VIJAYA YELSANGIKA20605 OAK CREEK LN SARATOGA CA 95070 366-35-010 DAVID A DALTON 20609 OAK CREEK LN SARATOGA CA 95070 366-35-011 GREG SMITH 20615 OAK CREEK LN SARATOGA CA 95070 366-35-012 RAWLINGS WILLIAM A ESTATE OF 20619 OAK CREEK LN SARATOGA CA 95070 366-35-013 BYEUNG JUN LEE 20584 OAK CREEK LN SARATOGA CA 95070 366-35-014 SURESH NALLAPATI 20580 OAK CREEK LN SARATOGA CA 95070 366-35-015 JUBIN M HONARVAR 2036 SONADOR CMN SAN JOSE CA 95128 366-35-016 HEMANT R & URMILA H HABBU 20572 OAK CREEK LN SARATOGA CA 95070 366-35-017 GOTO FAMILY TR 20568 OAK CREEK LN SARATOGA CA 95070 366-35-018 CUDDALORE & SATHYABHAMA S SUNDAR20564 OAK CREEK LN SARATOGA CA 95070 366-35-019 OAK CREEK INVESTMENTS NOT AVAILABLE SARATOGA CA 95070 366-35-020 OAK CREEK INVESTMENTS NOT AVAILABLE SARATOGA CA 95070 366-35-021 OAK CREEK INVESTMENTS NOT AVAILABLE SARATOGA CA 95070 366-36-001 OAK CREEK INVESTMENTS NOT AVAILABLE SARATOGA CA 95070 366-36-002 MELISSA Y LIU 12347 JULIE LN SARATOGA CA 95070 366-36-003 CHANG-LEE CHAN 12343 JULIE LN SARATOGA CA 95070 366-36-004 HELEN L FELLER 12339 JULIE LN SARATOGA CA 95070 366-36-005 GERALD R & PINET CELINE HARP 12335 JULIE LN SARATOGA CA 95070 366-36-006 ROBERT & OBOT-RODIN DEBORAH RODIN1390 INVERNESS DR PASADENA CA 91103 366-36-007 JONATHAN M & MARI E KAPLAN 12327 JULIE LN SARATOGA CA 95070 366-36-008 MERCEDES F TAN 3144 KERMATH DR SAN JOSE CA 95132 366-36-009 JAMES W & BARBARA P MOORE 12320 JULIE LN SARATOGA CA 95070 366-36-010 JAY C & SHIRLEY M GILLIS 12316 JULIE LN SARATOGA CA 95070 366-36-011 JACK & AIMEE TANG 12312 JULIE LN SARATOGA CA 95070 366-36-012 JOSEPH G & VALERIE A MARVIN 12308 JULIE LN SARATOGA CA 95070 366-36-013 CURTNER INVESTORS 12300 JULIE LN SARATOGA CA 95070 366-36-014 LARRY L WEST 20623 OAK CREEK LN SARATOGA CA 95070 366-36-015 LINN N & CAROLYN M HONG 20627 OAK CREEK LN SARATOGA CA 95070 366-36-016 LIDA L KON 20631 OAK CREEK LN SARATOGA CA 95070 366-36-017 LESLIE A MAHAN 20635 OAK CREEK LN SARATOGA CA 95070 366-36-018 EDDIE N & LEANNE LEE 708 IRIS GARDENS CT SAN JOSE CA 95125 366-36-019 BINU & PAULOSE RITA JOHN 20643 OAK CREEK LN SARATOGA CA 95070 366-36-021 WILLIAM A & ATSUKO K BAGLEY 20653 OAK CREEK LN SARATOGA CA 95070 366-36-022 YU-DE & LO CHIACHIA LIOU 20657 OAK CREEK LN SARATOGA CA 95070 366-36-023 RANGACHARI & RANJANI NARASIMHAN 20661 OAK CREEK LN SARATOGA CA 95070 366-36-024 AMAL KUMAR BHATT 20665 OAK CREEK LN SARATOGA CA 95070 366-36-025 MANIKANDAN A & KUMBAKONAM BRINDH 20644 OAK CREEK LN SARATOGA CA 95070 366-36-026 YOUNG E & ANGELA M RHEE 21037 BANK MILL LN SARATOGA CA 95070 366-36-027 CHANDRAMOHAN R YENGOTI 20636 OAK CREEK LN SARATOGA CA 95070 366-36-028 SRINIVASAN & LATHA SEKAR 22010 VILLA OAKS LN SARATOGA CA 95050 366-36-029 BHUVANESWARI KRISHNAMURTHY 20628 OAK CREEK LN SARATOGA CA 95070 366-36-030 KWANG LIN & SHU-IN LIN 12301 JULIE LN SARATOGA CA 95070 366-36-031 SRINIVASAN RADHIKA TR 12305 JULIE LN SARATOGA CA 95070 366-36-032 TING YUN YAO 12309 JULIE LN SARATOGA CA 95070 366-36-033 JOHN T & BARBARA K ROMANDIA 125 CARNEROS AVE AROMAS CA 95004 366-36-034 ANAND & ANAND SUKANYA RAJAGOPALA12319 JULIE LN SARATOGA CA 95070 366-56-001 ERIC & CECILIA KAN CHANG 18088 KING CT SARATOGA CA 95070 366-56-002 JINSUO & SUN WEIFANG ZHANG 18060 KING CT SARATOGA CA 95070 366-56-003 ZHONG QIANG & LIN YIXING HUA 18026 KING CT SARATOGA CA 95070 366-56-004 LAND GARY A AND MENDY YVONNE 18018 KING CT SARATOGA CA 95070 366-56-005 JULIE A KNAPP 18196 KENYON CT SARATOGA CA 95070 366-56-006 KATHY USHIBA 5968 DESERT WILLOW DR SAN JOSE CA 95123 274 366-56-007 MU-SIK RA 18228 KENYON CT SARATOGA CA 95070 366-56-008 CLIFFORD O & JENNY FU MARKS 18235 KENYON CT SARATOGA CA 95070 366-56-019 BIAO & XU YUE ZHANG 18239 KENYON CT SARATOGA CA 95070 366-56-020 NGONYAN NG 18258 ARROYO LN SARATOGA CA 95070 366-56-021 CHAO XIANG SHI 18136 ARROYO LN SARATOGA CA 95070 366-56-022 HIROYUKI & CHIHARU MATSUNAMI 18188 KENYON CT SARATOGA CA 95070 366-56-023 KEJIAN & JIN FUMIN SHI 18000 KING CT SARATOGA CA 95070 366-56-024 ELLIS KWOK-CHEUNG & LAM MEI-KUEN H 18118 ARROYO LN SARATOGA CA 95070 366-56-025 SIVAPRAKASAM & UMA SURESH 17998 ARROYO LN SARATOGA CA 95070 366-56-026 JONATHAN ENG 17990 ARROYO LN SARATOGA CA 95070 366-56-027 SARATOGA COURTYARDS LLC 1855 PARK AVE SAN JOSE CA 95126 366-56-028 SARATOGA COURTYARDS LLC 1855 PARK AVE SAN JOSE CA 95126 386-01-025 ABDULLAH D & HALA SAAH 5852 TEXAS CT SAN JOSE CA 95120 386-30-001 BEVERLY J & SUE E FITZPATRICK 20410 KIRKMONT DR SARATOGA CA 95070 386-30-002 ESTHER MEONAH & ALEXANDER CHIEN K20386 KIRKMONT DR SARATOGA CA 95070 386-30-003 CAROLYN H BAUTISTA 12190 KIRKDALE DR SARATOGA CA 95070 386-30-004 RICHARD J & BARBARA K BRENDLEN 12200 KIRKDALE DR SARATOGA CA 95070 386-30-005 ARIEL D SMART 12222 KIRKDALE DR SARATOGA CA 95070 386-30-006 CHAO & ZHANG DEBBIE YE 12236 KIRKDALE DR SARATOGA CA 95070 386-30-007 JOHN F & SUSANNE S MALLORY 12258 KIRKDALE DR SARATOGA 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SARATOGA CA 95070 386-56-038 JIANFEI & FU JING XU 12132 ATRIUM DR SARATOGA CA 95070 386-56-039 SHU-CHIUNG CHIN P O BOX 2425 SARATOGA CA 95070 386-56-040 DEBRA NISHIMURA 12116 ATRIUM DR SARATOGA CA 95070 386-56-041 JOHN W DAVIES PO BOX 2039 SARATOGA CA 95070 386-56-042 MARY TALLIS 12098 ATRIUM DR SARATOGA CA 95070 386-56-043 SHIRLEY D & ANDREW SIPOREN 18795 CABERNET DR SARATOGA CA 95070 386-56-044 HSUEH TZU CHIANG & RENN DIH CHU 12092 ATRIUM DR SARATOGA CA 95070 386-56-045 KATHARINE J JEN 12090 ATRIUM DR SARATOGA CA 95070 386-57-002 MARK G MC LAUGHLIN 315 ELEANOR DR WOODSIDE CA 94062 386-57-003 MAN & ZHANG DING WANG 12239 ATRIUM CIR SARATOGA CA 95070 386-57-004 IRENE FBO SUE & JULIAN FBO SUE & MIK PO BOX 810490 DALLAS TX 75381 386-57-005 KATHARINE H & THOMAS J WALKER 2010 W CLIFF DR SANTA CRUZ CA 95060 386-57-006 MAHENDRA & JAYMATI RANCHOD 2220 WAVERLY ST PALO ALTO CA 94301 386-57-007 DEEP TRUST 12263 ATRIUM SARATOGA CA 95070 386-57-008 RALPH R VANHINE 12269 ATRIUM CIR SARATOGA CA 95070 386-57-009 DEEPAK & SWATI HANGAL 12275 ATRIUM CIR SARATOGA CA 95070 386-57-010 KASTURI H & PRABHAMANI VENKATESH 12281 ATRIUM CIR SARATOGA CA 95070 386-57-011 UMA MANJUNATH 12287 ATRIUM SARATOGA CA 95070 386-57-012 SALVATORE R & ONORINA F FURIOSI 12792 MILLER AVE SARATOGA CA 95070 386-57-013 GAIL SHEIRBON 12299 ATRIUM CIR SARATOGA CA 95070 386-57-014 CHAMBERLAIN LIVING TRUST 3/8/89 12296 ATRIUM CIR SARATOGA CA 95070 386-57-015 SRIDHAR & VISHALI TIRUMALA 12290 ATRIUM CIR SARATOGA CA 95070 386-57-016 YEH TRUST 12284 ATRIUM SARATOGA CA 95070 386-57-017 HEINDEL TRUST 12278 ATRIUM SARATOGA CA 95070 386-57-018 DONGJAE & KUN SUN LEE 12230 ATRIUM CIR SARATOGA CA 95070 386-57-019 URSULA M ANDERSON 12224 ATRIUM CIR SARATOGA CA 95070 386-57-020 SUE REIGELMAN-DOI 1071 WHITEBICK DR SAN JOSE CA 95129 386-57-021 JOHN H HEINDEL PO BOX 3452 SARATOGA CA 95070 386-57-022 TATSUKO ADACHI 20431 CUNNINGHAM PL SARATOGA CA 95070 276 386-60-001 HWAI PING & HWI-MIN LO HSU 12077 NATOMA CT SARATOGA CA 95070 386-60-002 JOHN E & CHERYL L KEENAN 12280 SARATOGA-SUNNYVALE RD #201 SARATOGA CA 95070 386-60-003 GLASS JAMES F TR/TR 12280 SARATOGA-SUNNYVALE RD 103 SARATOGA CA 95070 386-60-004 JOHN E & CHERYL L KEENAN 12280 SARATOGA-SUNNYVALE RD #201 SARATOGA CA 95070 386-60-005 SARVAJIT & NEELAM THAKUR 12280 SARATOGA-SVALE #105 SARATOGA CA 95070 386-60-006 SHIGERU SASAKI 12280 SARATOGA-SUNNYVALE RD #205 SARATOGA CA 95070 386-60-007 SARVAJIT & NEELAM THAKUR 12280 SARATOGA-SVALE #105 SARATOGA CA 95070 386-60-008 ANDY LIU 2023 HAYWORTH DR SAN JOSE CA 95148 386-60-009 SANJAY & SHILPI MINOCHA 1027 CALAVERAS RIDGE DR MILPITAS CA 95035 386-60-010 CHEN H M 12280 SARATOGA-SUNNYVALE RD #209 SARATOGA CA 95070 386-60-011 SANJAY & SHILPI MINOCHA 1027 CALAVERAS RIDGE DR MILPITAS CA 95035 386-60-012 DONALD P & SUSAN N DUVALL 18570 BLYTHSWOOD AVE LOS GATOS CA 95030 386-60-013 DUANE & SUZIE FONG 12280 SARATOGA-SVALE STE-115 SARATOGA CA 95070 386-60-014 PEIPEI CHANG 12280 SARATOGA-SUNNY RD SARATOGA CA 95070 386-60-015 DUANE & SUZIE FONG 12280 SARATOGA-SVALE STE-115 SARATOGA CA 95070 386-60-016 NMSBPCSLDHB P O BOX 2460 SARATOGA CA 95070 386-60-017 CHUNHUA & WU JIE HAN 10265 STERN AVE CUPERTINO CA 95014 386-60-018 CALI REAL ESTATE PARTNERSHIP PO BOX 1389 CUPERTINO CA 95015 386-60-019 CHUNHUA & WU JIE HAN 10265 STERN AVE CUPERTINO CA 95014 386-60-020 CALI REAL ESTATE PARTNERSHIP PO BOX 1389 CUPERTINO CA 95015 386-60-021 GIRARD F & MARY A CARACCIOLO 12280 SARTOGA SUNYVLE #112 SARATOGA CA 95070 386-60-022 ROY S & CATHLEEN MOLLARD PO BOX 1235 SARATOGA CA 95071 386-60-023 GIRARD F & MARY A CARACCIOLO 12280 SARTOGA SUNYVLE #112 RD SARATOGA CA 95070 386-60-024 ROY S & JANICE T WOLF 1360 -E ROADRUNNER TR SUNNYVALE CA 94087 386-60-025 ROY S & CATHLEEN T MOLLARD PO BOX 1235 SARATOGA CA 95071 386-60-026 GRANUM LIMITED P.O. BOX 2460 SARATOGA CA 95070 386-60-027 YUPEN YUAN 12280 SARATOGA-SUNNYVALE RD 106 SARATOGA CA 95070 386-60-028 KOSICH CONSTRUCTION CO 18867 KOSICH DR SARATOGA CA 95070 386-60-029 EMSPEC LLC 12280 SARATOGA-SUNNYVALE RD STE 106 SARATOGA CA 95070 386-60-030 KOSICH CONSTRUCTION CO 18867 KOSICH DR SARATOGA CA 95070 386-60-031 NMSBPCSLDHB CA LP PO BOX 2460 SARATOGA CA 95070 386-60-032 GRANUM LIMITED PO BOX 2460 SARATOGA CA 95070 277 1 Michael Fossati From:Elaine Chan <echan@kandg.com> Sent:Monday, May 13, 2013 2:53 PM To:Michael Fossati Subject:Public Hearing Notice regarding PDR10-0022, CUP10-0011, CAR13-0003, and WUB12-0005. 12250 Saratoga-Sunnyvale Road Follow Up Flag:Follow up Flag Status:Flagged Dear Mr. Michael Fossati I am writing to you regarding the Public Hearing Notice regarding PDR10-0022, CUP10-0011, CAR13-0003, and WUB12-0005. 12250 Saratoga-Sunnyvale Road I am fine with building to be used for professional, administrative and medical office. However I do not agree with the application for the usage for children’s learning center and daycare facility. With just the Growing Tree Daycare and Saratoga Star Aquatic, making a left turn at Kirkmont Drive in the morning and evening commute hours is already chaotic and dangerous. It is not hard to imagine if the City allows a 200 kids daycare there, it will make the traffic condition even worse on Saratoga-Sunnyvale Road. I have to deal with it everyday and can speak from my own experience. In addition, with 200 parents dropping off and picking up their kids at the facility, starting and idling their cars, it will increase air and noise pollution. Let Cupertino and West San Jose be well known for its children’s learning center, daycare and tutoring facilities, Saratoga does not need more of those. Please preserve the character of the City of Saratoga. Sincerely, Elaine Chan 278 1 Michael Fossati From:Ken Chan <kenneth_k_chan@yahoo.com> Sent:Monday, May 06, 2013 9:31 PM To:Michael Fossati Subject:Objection to TimeSpace project at 12250 Saratoga-Sunnyvale Follow Up Flag:Follow up Flag Status:Flagged Mr. Fossati,    I object to the proposed TimeSpace project at 12250 Saratoga‐Sunnyvale, and especially  to the zoning amendment and variances requested by the developer. Saratoga has always been a bedroom community that is a refuge to the hustle and  bustle of Silicon Valley.  Current zoning regulations are in place to protect residential  neighborhoods from urbanization. City officials should not bend to developers who  constantly push for bigger projects to maximize profits. I see commercial development  go berzerk in Cupertino along DeAnza Blvd, and would be deeply disappointed to see  the same happen in Saratoga. As a twenty year resident, i implore you to consider the  wishes of our residents to keep the semi‐rural character of our community. Thank you. Ken Chan 15068 El Camino Senda   279 1 Michael Fossati From:Mallory58@aol.com Sent:Wednesday, May 15, 2013 2:50 PM To:James Lindsay Cc:Michael Fossati Subject:Mitigated Negative Declaration comments Wednesday, May 15, 2013  Planning Commission and staff,  Subject: Commercial Learning Center Environmental Initial Study and Mitigated Negative Declaration  I have reviewed this report for the proposed Timespace project and have the following comments:  1. Table 1: Project Consistency with Applicable Saratoga‐Sunnyvale Road Design Guidelines  1) Encourage smaller‐scale building floor plates—It is clear that the large rectangle buildings  are definitely not consistent with the Gateway Plan  2) Buildings should relate specifically to Saratoga’s residential areas—It is clear that the large  buildings do not relate to residential homes.  3) Large boxes with no articulation will not be allowed—To me the actual building has little  articulation.  16) Regarding the staff height comment  The comment said the project would exceed the height limit established for the site but the  proposed is similar to the medical‐office complex to the south and to the townhouse development  to the north‐‐This is true but the older buildings were developed before the 2003 Gateway  Guidelines were adopted. Therefore, there is no precedence for using these buildings as a basis for  justifying the increased height of the TimeShare building.  2. Other comments on the report  1. Idling time—how will this be monitored when/if the building is operational to  reduce the pollution and sound?  2. Emergency Response Plan—is there a plan for auto fires in the basement or in the  rear of the building especially as there only one way in and out.  3. Existing drainage run off—the run off comes down from the front of the building to  the rear.  Has this been checked to be adequate as the property owned by the  Muslim Association has maintenance problems in the rear of their property?   4. Outdoor Play area—the current play area is designed with a four foot wall.  Could  this be increased to 5 or 6 feet to minimize noise to neighbors?  5. What is the weekend use and hours of this building?‐‐The weekly hours stated go to  7:00PM.  What is the use planned and allowed on weekends?  6. How will the Muslim project impact the Time Share project and the city reports?  7. Transportation and Traffic—How will the city respond if there is a need for  additional parking needs for this project?  8. There are security issues at night in rear commercial lots especially near homes.  What plans are there to secure this area at night such as for burglars, etc.?    9. Will the open median on Saratoga Sunnyvale Road be closed?  10. What is the rear height of the building?  280 2 11. Street Tree Plantings—A major canopy of trees was part of the 2003   Gateway Plan.  Is it being implemented consistently in this project and others?  12. Will this large educational and child care facility and the existing other facilities in  this area require autos to slow to 25 mph on Saratoga Sunnyvale Road?  13. Will rooftop mechanical units, etc.  increase the height about 4 feet to 29 feet?  14. Buffering between commercial and residential  The existing concrete wall between the commercial lot and the neighbors was  crudely done by a prior commercial owner. Will it be redone or improved to be more  attractive and extended to the full length of the commercial lot?                      Sincerely,       Jack Mallory  John "Jack" Mallory 12258 Kirkdale Drive Saratoga, Ca 95070 408 252 7447 Cell 408 981 8468 Mallory58@aol.com 281 282 283 284 285 286 287 288 289 290 LEGEND ABBREVIATION 12250 SARATOGA SUNNYVALE ROAD SARATOGA, CALIFORNIA TENTATIVE PARCEL MAP FOR COMMERCIAL & OFFICE CONDOMINIUMS IN THE CITY OF SARATOGA, SANTA CLARA COUNTY CALIFORNIA N GENERAL NOTES:SITE PLANAS NOTED RW 10/1/12 RW T-1 DATE: SHEET NO. SCALE: DRAWN BY: DESIGNED BY:RWRW ENGINEERING, INC.DATEBYREVISIONNO.1 OF 3 SHEETS DESCRIPTION SHEET INDEX NO. BENCHMARK: 291 x x x x x x ³STORMWATERCONTROL PLANAS NOTED RW 10/1/12 RW T-3 DATE: SHEET NO. SCALE: DRAWN BY: DESIGNED BY:RWRW ENGINEERING, INC.DATEBYREVISIONNO.3 OF 3 SHEETS TABLE 1: PERVIOUS AREA TABLE 2: IMPERVIOUS AREA AND TREATMENT DEVICE # FLOW-THROUGH PLANTER TYPICAL BIO-RETENTION BASIN # 22 2 2 22 # # # # # 6 666 222#2 6 6 292 293 REPORT TO THE PLANNING COMMISSION Meeting Date: May 22, 2013 Application: PDR13-0012 Location / APN: 14451 Fruitvale Avenue / 397-17-007 Owner/Applicant: Paulson Lee Staff Planner: Christopher Riordan 14451 FRUITVALE AVENUE 294 14451 FRUITVALE AVENUE Summary PROJECT DESCRIPTION: The applicant requests Design Review approval to replace an existing 2,113 square foot one-story home with a new 5,369 square foot two-story home and related site improvements located at 14451 Fruitvale Avenue. STAFF RECOMMENDATION: Adopt Resolution No. 13-018 approving the project subject to conditions of approval. Design Review Approval by the Planning Commission is required pursuant to City Code Section 15-45.060. PROJECT DATA: Net Site Area: 45,284 SF Average Slope: 3.98% General Plan Designation: RVLD (Residential Very Low Density) Zoning: R-1-40,000 Proposed Allowed/Required Proposed Site Coverage Residential Footprint Porches and Covered Patios Driveway, Pool, Decks, Walkways Total Proposed Site Coverage 3,451 sq. ft. 1,173 sq. ft. 10,378 sq. ft. 15,003 sq. ft. (33.1%) Maximum Coverage allowed is 15,849 SF (35%) Floor Area First Floor Second Floor Garage Total Floor Area 2,739 sq. ft. 1,918 sq. ft. . 712 sq. ft. 5,369.5 sq. ft. 6,120 sq. ft. Height (Residence) Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: Total Proposed Height 438.50 451.50 445.00 470.75 (25.75 Ft.) Maximum Building Height is (26 Feet) Setbacks Front: Left Side: Right Side: Rear: 1st Story 119’-4” 26’-5” 20’-0” 113’-11” 2nd Story 127’-0 30’-11” 53’-9” 113’-11” 1st Story 30’ 20’ 20’ 50’ 2nd Story 30 30 30 60 Page 2 of 6 295 14451 FRUITVALE AVENUE PROJECT DESCRIPTION AND SITE CHARACTERISTICS Site Description: The project site is located at 14451 Fruitvale Avenue near its intersection with San Marcos Road. The site was formerly occupied by the Saratoga Dog School. All the dog kennels previously located in the rear yard have been removed. Existing on the site is a 2,113 square foot one-story single-family ranch style home. Site access is provided by an existing asphalt and gravel circular driveway. A white picket fence separates the site from Fruitvale Avenue. Numerous protected trees are located on the property including a grove of Coast live oaks and Valley oaks near the front property line between the driveway entrances. A row of Coast redwoods and Camphor trees are located along the entire length of the southern property line. Trees located at the rear of the property include a combination of birch and pine trees as well as numerous fruit trees. A storm drain outlet is located adjacent to the southerly driveway entrance. The adjacent properties located to the south are the source of the storm water that flows from this concrete outlet into an earthen drainage swale located between the front property line and Fruitvale Avenue. The drainage swale extends past the property and continues towards the north. The average slope of the site is 3.9 percent with a 12 foot reduction in elevation from the southwestern corner of the lot to its northeastern corner. Project Description and Architectural Style: The project would include the removal of the existing house and driveway. Trees to be removed are discussed later in this report. The new 5,369 square foot, 26’ tall residence would be located in the middle of the site in the approximate location as the existing house. The proposed home would have a Mediterranean design with architectural features that are a combination of both Spanish eclectic and Mission styles. These would include a wide asymmetrical building footprint, a hipped roof with over hanging eaves, barrel roof tiles, a front porch supported by large square columns that is arched above, arched windows, an elaborated chimney top, and smooth stucco. After the project was submitted the applicant met with planning staff to consider modifications to the project to reduce the visual mass of the building prior to scheduling the project for a public hearing. The applicant and their architect were receptive to staff’s suggestions and made the following modifications to the design: • Reduced the height of the entrance feature by eight feet; • Removed the second story porch that was included in the entrance feature and shifted this element back so that it is incorporated into the second story and no longer projects above the first story; • Reduced the height of the circular architectural feature to the left of the entrance by 1.5 feet and added two windows in the wall above to break up the mass of this particular blank wall; • Reduced the height of the architectural feature to the right of the entrance by two feet and added windows in the wall above to break up the mass; • Reduce the height of the chimney by 3.5 feet; Page 3 of 6 296 14451 FRUITVALE AVENUE • Added stone to the exterior of the porte-cochere and the stairway tower so as to reduce their visual mass and to improve the integration of these two features with the remainder of the building. The proposed landscape plan illustrates that the project will predominantly feature drought native landscaping including native wild flowers, palms, and olive trees. The circular driveway will be composed of concrete pavers on a crushed stone base. The rear yard would include a concrete patio, swimming pool, and planter boxes. The project meets all City Code requirements including floor area, height, setbacks, and lot coverage. Materials and Colors: Detail Colors and Materials Exterior Tan Colored Smooth Stucco Stone Veneer Windows Brown colored fiberglass windows Garage Door Brown colored fiberglass Entry Door Metal and Glass with decorate iron scroll work Roof A blend of brown colored Concrete barrel tiles. Trees: The City Arborist inventoried 54 protected trees on the project site and concluded that the findings could be made for the removal of three trees. These include an evergreen pear, plum, and a camphor tree that are in conflict with the location of the project. The project was designed to preserve 95 percent of the protected trees including all the Oak and Redwood trees on the site that visually screen the site from Fruitvale Avenue and adjacent properties. Details of the arborist findings and descriptions of the trees to be removed are included in the Arborist report which is included as Attachment #2. Residential Calgreen Measures: The project meets the minimum CalGreen standards for a new home. The Residential Calgreen Measures Checklist is included as Attachment #5. Neighbor Notification and Correspondence: The applicant sent Neighbor Notification Forms to all adjacent neighbors. Three neighbors signed the forms and forwarded them back to the applicant. The adjacent neighbor located to the north at 14431 Fruitvale Avenue has had previous concerns with drainage from the project site flowing onto her property and she noted this on the comment form. She would like the applicant to construct a curb between the two properties to prevent site drainage from flowing onto her site. This neighbor also sent and email reiterating this request which included two photos. A copy of this email is included as Attachment #4. The applicant is aware of the neighbors concerns and has included a concrete curb in the landscape plan design that would be constructed at the edge of the developed area to prevent water from flowing onto the neighboring site. The adjacent neighbor to the south at 14535 Fruitvale Avenue provided a letter indicating their support for the project. A copy of this letter is included as Attachment #4. Page 4 of 6 297 14451 FRUITVALE AVENUE A Public Notice was also sent to property owners within 500 feet of the site. No additional 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 number and size of second story windows on the side elevations have been reduced and existing trees would block views from these windows toward adjacent properties. The privacy impacts of the second story master bedroom balcony on adjacent properties is reduced by the 80 feet distance from the balcony to the side property lines and the 120 feet distance from the rear property line. Mature trees are located on all sides of the property and screen offsite views of project. The existing fence would also help preserve the existing privacy for adjacent neighbors. (b) The project preserves the natural landscape. The project meets this finding in that the site contains 54 protected trees and only three trees are proposed for removal. The project was designed to preserve 95 percent of the protected trees including all the Oak and Redwood trees. The proposed project includes a landscape plan which illustrates that the majority of the site (67%) outside the building footprint will be landscaped. (c) The project preserves protected, native and heritage trees. The project meets this finding in that no native or heritage trees are proposed for removal. The City Arborist inventoried 54 protected trees on the project site and made the findings to approve the removal of three of these trees. These include an evergreen pear, plum, and a camphor tree that are in conflict with the location of the project. All protected trees will be fenced to reduce the chances that these trees will be damaged during construction. (d) The project minimizes the perception of excessive bulk. The project meets this find in that the project is setback from the front property line by 120 feet thereby reducing the visual appearance of mass and bulk as viewed from Fruitvale Avenue. The impression of building height is reduced as the building has wide horizontal proportions that take up the majority of the site width, there are consistent roof forms with sufficient architectural articulation to reduce the impression of bulk, and blank building walls are avoided by the use of windows. Natural stone veneer would be included on some of the larger architectural projections to integrate these features with the remainder of the building. The neutral color pallet and natural materials would aid in blending the home with the proposed landscaping. Mature Oak and Redwood trees help screen the building as viewed from offsite. (e) The project is of compatible bulk and height. The project meets this finding in that proposed two story home is compatible in bulk and height with the nearby two-story homes in the Page 5 of 6 298 14451 FRUITVALE AVENUE Page 6 of 6 neighborhood. The adjacent house to the north is a one-story home but the difference in bulk and height as compared to the proposed home is mitigated by front and side setbacks that are excess of the minimum setbacks and existing landscaping that separates the two properties. The horizontal lines and subtractive massing of the proposed home would be compatible in bulk with neighboring homes. (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 – increasing the front setback from Fruitvale Avenue, building width of greater proportion than height to reduce impression of height, the use of consistent roof forms, 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, using landscaping to blend with the environment and blending roof and parking surfaces 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. STAFF RECOMMENDATION: Adopt Resolution No. 13-018 approving the project, subject to conditions of approval. ATTACHMENTS: 1. Resolution of Approval for Design Review 2. Arborist Report 3. Public Hearing Notice, Mailing Addresses for Project Notification 4. Neighbor Correspondence and Notification Forms 5. Cal Green Checklist 6. Development Plans (Exhibit "A") 299 RESOLUTION NO: 13-018 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING A NEW TWO STORY, SINGLE FAMILY RESIDENCE LOCATED AT 14451 FRUITVALE AVENUE WHEREAS, on February 21, 2012, an application was submitted by Paulson Lee requesting Design Review approval to construct a new two story Mediterranean designed home located at 14451 Fruitvale Avenue. The project has a total floor area of 5,370 square feet. The height of the proposed residence is approximately 26 feet. The site is located within the R-1-40,000 Zoning District (APN 397-17-007). 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 May 22, 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; Land Use Element Goal 10 which minimizes the impact of development proposals in hillside areas by requiring visual analyses and imposition of conditions to prevent or reduce significant visual impacts; 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; native and heritage trees; 300 Resolution No. 13-018 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. 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 PDR13-0012 located at 14451 Fruitvale 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 22nd day of May 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 301 Resolution No. 13-018 Exhibit 1 CONDITIONS OF APPROVAL PDR13-0012 14451 FRUITVALE AVENUE (APN 397-17-007) 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. 302 Resolution No. 13-018 5. Site Drainage. The owner/applicant shall comply with all City requirements regarding drainage, including but not limited to complying with the city approved stormwater management plan. The project shall retain and/or detain any increase in design flow from the site, that is created by the proposed construction and grading project, such that adjacent down slope properties will not be negatively impacted by any increase in flow. Design must follow the 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. 6. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with City Code. 7. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department. b. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. c. This signed and dated Resolution printed onto separate construction plan pages. d. The site plan shall contain a note with the following language: “Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks comply with the Approved Plans,” which note shall represent a condition which must be satisfied to remain in compliance with this Design Review Approval. 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. 303 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REPORT It is the responsibility of the owner, architect and contractor to be familiar with the information in this report and implement the required conditions. Application #: ARB13-0001 Prepared by Kate Bear, City Arborist Site: 14451 Fruitvale Avenue Phone: (408) 868-1276 Owner: Paulsen Lee Email: kbear@saratoga.ca.us APN: 397-17-007 Email: plee20315@gmail.com Report History: #1 Date: Plans received February 21, 2013 Report completed March 26, 2013 #2 – this report revises and replaces report #1 Revised plans received April 5, 2013 Report completed April 23, 2013 PROJECT SCOPE The applicant has submitted plans to the City to demolish the existing house and build a new two story house with attached three car garage, a sport court and a swimming pool. Two trees (evergreen pear #53 and camphor #54) protected by City Code are requested for removal to construct the project. Another tree (plum #50) is in conflict with the project as well. All three trees meet the criteria allowing their removal as part of the project once all permits have been obtained. CLEARANCE – with conditions This project has clearance from the arborist to proceed, with the conditions noted below in the Conditions of Approval section. PLAN REVIEW Plans Reviewed: Architectural plans were prepared by L. H. C. Construction, Inc. and dated January 26, 2013. Plan sheets reviewed for this report include Sheet A-0, Tiitle Sheet; Sheet A1, Site Plan; Sheet A2.1, First Floor Plan; Sheet A2.3, Second Story Floor Plan; Sheet A3.1 and A3.2, Elevations; and Sheet A3.3, Sections. Civil plans were prepared by LE Engineering and dated February 1, 2013. Plan sheets reviewed for this report include Sheet C1, Site Plan; Sheet C2, Grading, Drainage and Erosion Control Plan; and Sheet C3, Sections and Details. Landscape plans were prepared by Greencraft Studio (no date). Plans reviewed for this report include Sheet L-1, Landscape Plan and Sheet L-2, Irrigation Plan. Page 1 of 7 304 14451 Fruitvale Avenue The revised plans have deleted a sport court in the back yard by trees #36 – 38. The three ash trees can be adequately protected with this design. The water line and a line from the drainage dissipater to a storm drain outlet have been relocated and are sufficiently far from trees 6 and 12 to provide adequate protection. TREE INFORMATION Tree Inventory: A total of 36 trees protected by City Code were inventoried for this report. An additional 18 trees identified on the landscape plans are not protected by City Code, and may be removed at any time without a permit. Unprotected trees include trees #20, 23, 27 – 35, and 39 – 45. Trees protected by City Code included fifteen coast redwoods (#1 – 4, 14 – 19, 21, 22 and 24 – 26), eight valley oaks (#5, 6, 8, 10 – 13 and 46), five coast live oaks (#7, 9, 47, 49 and 51), three Evergreen ash (#36 – 38), one Monterey pine (#48), one flowering plum (#50), one English walnut (#52), one Evergreen pear (#53), and one camphor (#54). Data for each tree can be found in the Tree Inventory Table attached to the end of this report. Some of the appraised values in the prior Tree Inventory Table did not correspond to the correct tree, and this has been corrected in this report. Locations of trees and protective fencing can be seen on the attached copy of the site plan. Tree Removals: Three trees have been requested for removal to construct the project. They include one plum (#50), one evergreen pear tree (#53) and one camphor tree (#54). All three trees meet the criteria allowing their removal. See the Findings section below for a detailed discussion. Tree Protection: Chain link fencing is required around individual trees or groups of trees for protection during construction, and work is not permitted within these fenced areas. Fenced areas are shown on the attached site map. See the Conditions of Approval for tree protection fence specifications. Redwoods #1 – 4 and 14, and oaks #5, 7, 9 and 11: Construction of the new driveway has the potential to have a significant impact on these trees. To best protect them, no excavation for the new driveway should occur under their canopies. I recommend retaining the existing asphalt driveway during construction, and overlaying the new driveway pavers on top of it. They can be contained with a concrete curb on top of grade. This eliminates the need for excavation and soil compaction under these trees and minimizes construction impacts to their root systems. The driveway should remain at least 4 feet from the trunks of redwoods #1 – 4 and valley oaks #5 and 11. It should also be constructed entirely on top of grade where it is under the canopy of a protected tree. Installation of a property line fence is acceptable. Hand digging for four inch fence posts to install the fence is acceptable. Placement of river rock against the trunks of these oaks is not advised. A distance of one foot or more between the rock and the tree trunk is preferable. A better landscape under the trees would be a mulch of wood chips which will gradually decompose and provide nutrients to them. Page 2 of 7 305 14451 Fruitvale Avenue Valley oaks #6, 12 and 13: Oak tree #6 grows right next to a drainage swale in the front of the property. To best protect this tree, no excavation for utilities, and no installation of fill soil should occur within 20 feet of its trunk. Valley oak #12 is one of the several excellent trees on this property and the young oak near it is also in good condition. The steps to the entrance of the house and the walkway have been relocated so they are 8 feet from tree #12. This is acceptable as long as the walkway and steps are installed on top of grade, with no need for excavation within 15 feet of the tree. Flagstones or stepping stones are acceptable, as are gravel or pavers contained with a curb on top of grade. Redwoods #14 – 26: The proposed storm drain line along this row of trees must be installed so that no roots measuring two inches or more are cut. The Project Arborist should supervise this part of the work. Security Deposit for the Projection of Trees: Pursuant to City Code section 15-50.080(d), a tree protection security deposit is required for this project. Projects with multiple structures require a deposit equal to 100% of the total appraised value of potentially impacted trees. A tree protection security equal to 100% of the appraised value of trees #1 – 14, 47 – 49, 51, and 52 is $96,730. Owner shall obtain, and file with the Community Development Department, the required security deposit prior to receiving building permits. The security deposit may be in the form of a savings account, a certificate of deposit account or a bond. This deposit will be held until completion of the project and acceptance by the City. Appraisals: Appraised values were calculated using the Trunk Formula Method and according to the Guide for Plant Appraisal, 9th Edition, published by the International Society of Arboriculture (ISA), 2000. This was used in conjunction with the Species Classification and Group Assignment, published by the Western Chapter of the ISA, 2004. FINDINGS Tree Removal Whenever a tree is requested for removal as part of a project, certain findings must be made and specific tree removal criteria met. Three trees are in conflict with this project. They include and one plum (#50) in conflict with a retaining wall in the back yard, and one evergreen pear (53) and one camphor (#54) in conflict with the house,. All three trees meet the criteria allowing them to be removed and replaced as part of the project, once building division permits have been obtained. Tree #50 is an aging fruit tree with multiple trunks that will not survive construction of the walls around the vegetable beds (criterion #1). Trees #53 and 54 are in the footprint of the proposed new home and requested for removal to construct the project (criterion #1). These trees are not in good enough condition to require modifying the design to protect them, and there are other, more valuable and trees on the property that are more suitable for preservation (criteria #4, 6 and 7). The property has numerous trees in good condition (criterion #4), and the site would be better served by planting replacement trees after the house has been built (criteria #7 and 9). Page 3 of 7 306 14451 Fruitvale Avenue The table below summarizes which of the tree removal criteria are met for each tree, allowing its removal. All three trees meet the criteria for removal, overall, and may be removed and replaced as part of the project. The tree removal criteria are attached to the end of this report for reference. Summary of Tree Removal Criteria that are met Tree # Criteria met Criteria not met 50 1, 4, 7, 9 2, 3, 5, 6, 8 53 1, 4, 6, 7, 9 2, 3, 5, 8 54 1, 4, 6, 7, 9 2, 3, 5, 8 Replacement Trees: The total appraised value of trees #50, 53 and 54 is $9,480. New trees equal to this appraised value will be required as a condition of the project. Replacement trees may be planted anywhere on the property. Replacement values for new trees are listed at the bottom of the Tree Inventory Table attached to the end of this report. New Construction Based on the information provided, and as conditioned, this project complies with the requirements for the setback of new construction from existing trees under Section 15-50.120 of the City Code. CONDITIONS OF APPROVAL 1. This entire arborist report, including the Tree Inventory Table and attached map showing locations for tree protection fencing shall be copied on to a plan sheet, titled “Tree Preservation” and included in the final job copy set of plans. 2. The designated Project Arborist shall be Richard Gessner of Monarch Consulting LLC. 3. The Project Arborist shall monitor the activities listed below and provide a letter to the City documenting the work and including photos. a. Installation of the drain line along redwoods #14 – 26. b. Installation of the driveway by redwoods #1 – 4, and 14 – 17, and oaks #5, 7, 9, 11, 12 and 13. c. Installation of the front walkways by oak trees #12 and 13. d. Digging for the drain line and water line between oak trees #7 and 46. 4. Trenching to install new utilities or connect existing utilities to new shall not be permitted inside tree protection fencing, unless authorized by the City Arborist prior to submitting to the Building Division for review. 5. The proposed location for the water line and a drain line (one trench) is approved. This trench shall be dug by hand for the first two feet. 6. Where excavation under trees has been approved, all roots measuring two inches or more in diameter shall be retained and worked around. Utility lines (or other components of the Replacement Tree Values: 15 gallon = $150 24 inch box = $500 36 inch box = $1,500 48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000 Page 4 of 7 307 14451 Fruitvale Avenue project) shall be placed under retained roots or farther away from the roots. Roots measuring less than two inches in diameter may be cut using a sharp pruning tool. 7. Tree Protection Security Deposit - $96,730 a. Shall be equal to 100% of the total appraised value of potentially impacted trees if the project includes multiple structures. b. Shall be for trees #1 – 14, 47 – 49, 51 and 52. c. Shall be obtained by the owner and filed with the Community Development Department before obtaining Building Division permits. d. Shall remain in place for the duration of construction of the project. e. May be released once the project has been completed, inspected and approved by the City. 8. Tree Protection Fencing: a. Shall be installed as shown on the attached map. b. Shall be established prior to the arrival of construction equipment or materials on site. c. Shall be comprised of six-foot high chain link fencing mounted on eight-foot tall, 2-inch diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10 feet apart. d. Shall be posted with signs saying “TREE PROTECTION FENCE - DO NOT MOVE OR REMOVE WITHOUT APPROVAL FROM CITY ARBORIST”. e. Call City Arborist, Kate Bear at (408) 868-1276 for an inspection of tree protection fencing once it has been installed. This is required prior to obtaining building division permits. f. Tree protection fencing shall remain undisturbed throughout the construction until final inspection. g. If contractor feels that work must be done inside the fenced area, call City Arborist to arrange a field meeting. 9. No protected tree authorized for removal or encroachment pursuant to this project may be removed or encroached upon until the issuance of the applicable permit from the building division for the approved project. 10. Receipt of a Planning or Building permit does not relieve applicant of his responsibilities for protecting trees per City Code Article 15-50 on all construction work. 11. All construction activities shall be conducted outside tree protection fencing. These activities include, but are not necessarily limited to, the following: demolition, grading, trenching, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation and parking. 12. The driveway shall remain at least 4 feet from trees #1 – 5, 7, 9, 11 and 14; and at least 15 feet from tree #12. 13. The front walkway shall remain at least 8 feet from the outside of the trunk of tree #12. 14. Excavation shall remain at least 15 feet from trees #1 – 5, 7, 9, 11, 12 and 13 – 16. Page 5 of 7 308 14451 Fruitvale Avenue 15. Excavation shall remain at least 20 feet from tree #6 for any part of the project. 16. Where under the canopy of a protected tree, the driveway, walkways or other parts of the project shall remain entirely on top of the existing grade and constructed of pervious materials. It is acceptable to contain pavers or other materials with a concrete curb on top of grade. 17. Any permitted pruning or root pruning of trees on site shall be performed under the supervision of the Project Arborist and according to ISA standards. 18. Trees #50, 53 and 54 meet the criteria for removal and may be removed and replaced once Building Division permits have been obtained. 19. New trees equal to $9,480 shall be planted as part of the project before final inspection and occupancy of the new home. New trees from an assortment of sizes and a variety of species may be planted to satisfy the replacement tree requirement. 20. Replacement values for new trees are listed below. 15 gallon = $150 24 inch box = $500 36 inch box = $1,500 48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000 21. Replacement trees may be planted anywhere on the property as long as they do not encroach on retained trees, and may be of any species. If there is insufficient room to plant new trees, some or all of the replacement value for trees may be paid into the City’s Tree Fund. 22. Only drought tolerant plants that are compatible with oaks are permitted under the outer half of the canopy of oak trees on site. 23. Water loving plants and lawns are not permitted under oak tree canopies. 24. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited under tree canopies or anywhere on site that allows drainage to areas under tree canopies. Herbicides shall not be applied under tree canopies. 25. At the end of the project, when the contractor wants to remove tree protection fencing and have the tree protection security deposit released by the City, call City Arborist for a final inspection. ATTACHMENTS: Tree Removal Criteria Tree Inventory Table Map showing locations of trees and protective fencing around trees Page 6 of 7 309 14451 Fruitvale Avenue TREE REMOVAL CRITERIA Criteria that permit the removal of a protected tree are listed below. This information is from Article 15-50.080 of the City Code and is applied to any tree requested for removal as part of the project. If findings are made that meet the criteria listed below, the tree(s) may be approved for removal and replacement during construction. (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services; (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; and (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. Page 7 of 7 310 TREE INVENTORY TABLE 14451 Fruitvale Avenue April 23, 2013 TREE NO.TREE NAME Trunk Diameter (in,) - per Guide for Plant AppraisalEstimated Canopy Spread (ft.)Health Condition (100% = best, 0% = worst)Structural Integrity (100% = best, 0% = worst)Overall ConditionSuitability for Preservation (High/Moderate/Low)Intensity of Impacts (1 = Highest, 5 = Lowest)In Conflict with Proposed DesignNot Shown on PlansOn Adjacent ProprtyAppraised ValueCoast redwood 1 Sequoia sempervirens 18 15 70 80 Good High 1 X $4,030 Coast redwood 2 Sequoia sempervirens 15 15 70 80 Good High 1 X $2,820 Coast redwood 3 Sequoia sempervirens 14 15 70 80 Good High 1 X $2,470 Coast redwood 4 Sequoia sempervirens 15 15 70 80 Good High 2 $2,820 Valley oak 5 Quercus lobata 12 25 80 60 Good High 2 $3,360 Valley oak 6 Quercus lobata 29 45 80 50 Good High 2 $19,900 Coast live oak 7 Quercus agrifolia 12, 10 35 70 60 Fair High 4 $5,300 Valley oak 8 Quercus lobata 10.5, 8 25 70 60 Fair High 4 $5,000 Coast live oak 9 Quercus agrifolia 16, 10 35 70 60 Fair High 4 $10,100 Valley oak 10 Quercus lobata 12.5, 12 45 70 70 Good High 2 $9,600 Valley oak 11 Quercus lobata 13.5 25 80 80 Good High 1 X $5,100 Valley oak 12 Quercus lobata 16.5 40 80 80 Good High 2 $9,600 Valley oak 13 Quercus lobata 11 25 80 70 Good High 2 $4,050 Coast redwood 14 Sequoia sempervirens 11 25 90 90 Good High 2 $2,160 Coast redwood 15 Sequoia sempervirens 9 20 80 90 Good High 2 $1,400 311 TREE INVENTORY TABLE 14451 Fruitvale Avenue April 23, 2013 TREE NO.TREE NAME Trunk Diameter (in,) - per Guide for Plant AppraisalEstimated Canopy Spread (ft.)Health Condition (100% = best, 0% = worst)Structural Integrity (100% = best, 0% = worst)Overall ConditionSuitability for Preservation (High/Moderate/Low)Intensity of Impacts (1 = Highest, 5 = Lowest)In Conflict with Proposed DesignNot Shown on PlansOn Adjacent ProprtyAppraised ValueCoast redwood 16 Sequoia sempervirens 14 25 80 90 Good High 2 $2,940 Coast redwood 17 Sequoia sempervirens 19 25 80 90 Good High 2 $5,350 Coast redwood 18 Sequoia sempervirens 14 20 80 90 Good High 2 $2,650 Coast redwood 19 Sequoia sempervirens 12 25 80 90 Good High 2 $2,190 Coast redwood 20 Sequoia sempervirens not protected by City Code $0 Coast redwood 21 Sequoia sempervirens 10 15 70 80 Good High 2 $1,370 Coast redwood 22 Sequoia sempervirens 16 25 70 80 Good High 2 $3,370 Coast redwood 23 Sequoia sempervirens not protected by City Code $0 Coast redwood 24 Sequoia sempervirens 7 15 70 80 Good High 3 $640 Coast redwood 25 Sequoia sempervirens 6 15 70 80 Good High 3 $490 Coast redwood 26 Sequoia sempervirens 8 15 80 80 Good High 3 $1,010 Camphor 27 Cinnamomum camphora not protected by City Code $0 Camphor 28 Cinnamomum camphora not protected by City Code $0 Camphor 29 Cinnamomum camphora not protected by City Code $0 Camphor 30 Cinnamomum camphora not protected by City Code $0 Camphor 31 Cinnamomum camphora not protected by City Code $0 Camphor 32 Cinnamomum camphora not protected by City Code $0 Camphor 33 Cinnamomum camphora not protected by City Code $0 Camphor 34 Cinnamomum camphora not protected by City Code $0 Camphor 35 Cinnamomum camphora not protected by City Code $0 312 TREE INVENTORY TABLE 14451 Fruitvale Avenue April 23, 2013 TREE NO.TREE NAME Trunk Diameter (in,) - per Guide for Plant AppraisalEstimated Canopy Spread (ft.)Health Condition (100% = best, 0% = worst)Structural Integrity (100% = best, 0% = worst)Overall ConditionSuitability for Preservation (High/Moderate/Low)Intensity of Impacts (1 = Highest, 5 = Lowest)In Conflict with Proposed DesignNot Shown on PlansOn Adjacent ProprtyAppraised ValueEvergreen ash 36 Fraxinus uhdei 10 20 80 60 Fair Moderate 2 $380 Evergreen ash 8.5, 6, 4, 37 Fraxinus uhdei 3, 3 20 60 30 Poor Low 2 $470 Evergreen ash 38 Fraxinus uhdei 15 30 80 60 Good Moderate 2 $1,110 Italian cypress 39 Cupressus sempervirens not protected by City Code $0 Italian cypress 40 Cupressus sempervirens not protected by City Code $0 Mayten 41 Matenus boaria not protected by City Code $0 European white birch 42 Betula pendula not protected by City Code $0 Fern pine 43 Podocarpus gracilior not protected by City Code $0 Fern pine 44 Podocarpus gracilior not protected by City Code $0 European olive 45 Olea europaea not protected by City Code $0 Valley oak 46 Quercus lobata 10 20 80 80 Good High 4 $3,140 Coast live oak 47 Quercus agrifolia 12.5 15 90 90 Good High 3 X $3,260 Monterey pine 48 Pinus radiata 24 35 80 60 Good High 2 $2,440 Coast live oak 49 Quercus agrifolia 11 15 80 70 Good High 2 $2,130 Flowering plum 8.5, 8, 50 Prunus sp.6, 4.5 25 80 50 Fair Moderate 2 $4,050 Coast live oak 5, 5, 51 Quercus agrifolia 5, 5, 5 20 70 70 Good High 2 X $2,180 English walnut 52 Juglans regia 11 20 50 50 Fair High 2 X $410 Evergreen pear 53 Pyrus kawakamii 11 15 60 60 Fair Moderate 1 X $1,450 Camphor 54 Cinnamomum camphora 12 20 90 70 Good Low 1 X $3,980 Total appraised value $108,100 Should any tree listed above be removed owner will be required to replace that tree with trees equal to its appraised value. 313 Legend Tree Canopy Tree Protective Fence 53 54 50 47 48 51 49 55 14451 Fruitvale Avenue 314 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 22nd of May, 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. 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: PDR13-0012 / 14451 Fruitvale Avenue APPLICANT/OWNER: Paulson Lee APN: 397-17-007 DESCRIPTION: The applicant requests Design Review approval to replace an existing 2,113 square foot home with a new 5,370 square foot, 26 feet tall, two-story home. The gross lot size is approximately 45,284 square feet and the site is zoned R-1-40,000. All interested persons may appear and be heard at the above time and place. In order for information to be included in the Planning Commission’s information packets, written communications should be filed on or before Tuesday, May 13 , 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. Christopher Alan Riordan, AICP Senior Planner (408) 868-1235 315 ADDRESS CITY STATE ZIP MARIO L & ROSE R BELOTTI 19401 SAN MARCOS RD SARATOGA CA 95070 VIRGINIA F MC CUE 19411 SAN MARCOS RD SARATOGA CA 95070 ANDREW R BANO 19421 SAN MARCOS RD SARATOGA CA 95070 KATHERINE JEN 19431 SAN MARCOS RD SARATOGA CA 95070 RENYU & QIAN SHELLY CAO 14450 FRUITVALE AVE SARATOGA CA 95070 MCDOWELL J & MARILYN J 16909 TERMINOUS RD ISLETON CA 95641 THOMAS J & OLSEN-LAWRENCE JEANNE LAWRENCE 14470 FRUITVALE AVE SARATOGA CA 95070 WEST VALLEY JT COMMUNITY COLLEGE 14000 FRUITVALE AVE SARATOGA CA 95070 MICHAEL J ARNOLD 19521 DOUGLASS LN SARATOGA CA 95070 RALPH J & SANDRA L MULLINS 19573 DOUGLASS LN SARATOGA CA 95070 BONNIE K YAMAOKA 19625 DOUGLASS LN SARATOGA CA 95070 JERRY & JOYCE LAHANN 19516 DOUGLASS LN SARATOGA CA 95070 ABDY MIRZADEGAN 14431 FRUITVALE AVE SARATOGA CA 95070 PAULSON LEE 14451 FRUITVALE AVE SARATOGA CA 95070 MICHELYNN SOUVANNAVONG 14535 FRUITVALE AVE SARATOGA CA 95070 JOHN P & CHERYL B COLMAN 14566 EL PUENTE WAY SARATOGA CA 95070 ALLEN G & GLADYS J FONG PO BOX 3058 SARATOGA CA 95070 SIKANDAR R & MAHNAZ NAQVI 19611 VERSAILLES WAY SARATOGA CA 95070 DAVID W & GRACE S YEN 19653 VERSAILLES WAY SARATOGA CA 95070 ROBIN S & JIN KIM HAN 14403 BLACK WALNUT CT SARATOGA CA 95070 ROBERT G & DIANNE L GARGUS 14455 BLACK WALNUT CT SARATOGA CA 95070 ANGELIKI & KENNETH FRANGADAKIS 14487 BLACK WALNUT CT SARATOGA CA 95070 MARY F OBERHAUSER 14462 BLACK WALNUT CT SARATOGA CA 95070 MILTON J & JOANNE PAGONIS 14450 BLACK WALNUT CT SARATOGA CA 95070 ELISA A & GARY E PAGONIS 14448 BLACK WALNUT CT SARATOGA CA 95070 IAIN D & ROSALIND E ALLAN 14426 BLACK WALNUT CT SARATOGA CA 95070 TIMOTHY J & MARGERY F WALSH 19550 DOUGLASS LN SARATOGA CA 95070 HENRY R & RANDIE L NOTHHAFT 14563 FRUITVALE AVE SARATOGA CA 95070 DENNIS SHING-DER & YI-PING CHU CHEN 14551 FRUITVALE AVE SARATOGA CA 95070 HIEU NGOC DANG 4703 MOUNTAIRE CT SAN JOSE CA 95138 JOSEPH & CELIA M MAGLIONE 19459 BURGUNDY WAY SARATOGA CA 95070 SEONG H & INHWA L KANG 19471 BURGUNDY WAY SARATOGA CA 95070 SHAHID K & SALMA SIDDIQUIQ 19493 BURGUNDY WAY SARATOGA CA 95070 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 REPORT TO THE PLANNING COMMISSION Meeting Date: May 22, 2013 Application: MOD13-0005 - Modification of PDR11-0020 Location: 19120 Monte Vista Drive / 397-09-010 Applicant/Owner: DiNapoli / Kohlsaat Staff Planner: Cynthia McCormick 19120 Monte Vista Dr. SUMMARY 1 343 Application No. MOD13-0005 / 19120 Monte Vista Drive PROJECT DESCRIPTION: The applicant is requesting design review approval for a new 900 square foot secondary dwelling unit, pavilion, and 42 square foot pool bath in addition to minor modifications to an approved design at 19120 Monte Vista Drive. STAFF RECOMMENDATION: Adopt Resolution Number 13-017 approving the project subject to conditions of approval. PROJECT DATA: Net Site Area: 2.33 acres (net) Average Slope: 3.9% General Plan Designation: RVLD (Residential Very Low Density) Zoning: R-1-40,000 Proposed Allowed/Required Site Coverage Residence and Garage Secondary Dwelling (new) Pavilion and Pool Bath (new) Porches and Patios Pervious Pathways Pool and Spa Driveway Pervious Parking Area Total Site Coverage 4,334 sq. ft. 900 sq. ft. 574 sq. ft. 3,151 sq. ft. 770 sq. ft. (1,539) 1,600 sq. ft. 6,154 sq. ft. 1,470 sq. ft. (2,940) 18,953 sq. ft. (18.68%) Pervious materials (50% credit) Maximum Coverage Allowed is 35,508 sq. ft. (35%) + 3,550 sq. ft. (10% bonus) 39,058 sq. ft. (38.50%) Floor Area Main Dwelling and Garage Second Dwelling Unit Pool Bath Total 6,762 sq. ft. 900 sq. ft. 42 sq. ft. 7,704 sq. ft. Maximum Floor Area Allowed is 7,020 sq. ft. + 702 sq. ft. (10% bonus) 7,722 sq. ft. Height (2nd Dwelling Unit) Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: 543.5 545.7 544.6 561.5 (16.9 Ft.) Maximum Building Height is 26 Feet Setbacks (2nd Dwelling Unit) Front: Left Side: Right Side: Rear: 1st Story 123’9” 32’9.5” 270’ 185’ 2nd Story n/a n/a n/a n/a 1st Story 30’ 20’ 20’ n/a 2nd Story n/a n/a n/a n/a 2 344 Application No. MOD13-0005 / 19120 Monte Vista Drive Project History: On November 9, 2011 the applicant received Planning Commission Design approval for a remodel and addition of approximately 2,706 sq. ft. to an existing 4,056 sq. ft. two- story, single family residence. PROJECT DESCRIPTION: Site Description: The property is located on a corner lot surrounded by single-family residences. Site access is from Monte Vista Drive. Proposed Project and Architectural Style The modifications to the previously approved design include a redesigned entry, foyer, and minor changes to windows and doors (see pages SUP 1 through 5 of Exhibit A). The entry will no longer have a pitched roof with slate tile and will no longer be recessed. The redesigned entry will have a flat roof with decorative balustrade and columns with sidelites around the front door. The modifications also include a new secondary unit pool bath, pavilion, and trellises that will compliment the Colonial style of the main dwelling (Exhibit B). The secondary dwelling unit will have white painted board and batten siding while the pavilion will include trimmed columns and a standing seam zinc roof. Detail Colors and Materials Windows Aluminum Clad Wood Exterior White painted board and batten Chimney Fieldstone Veneer Roof Standing Seam Zinc Residential Calgreen Measures: The secondary dwelling unit meets the minimum CalGreen standards for a new home. Additionally, the applicant proposes permeable pavers, energy star appliances, and a solar photovoltaic system, among other elective measures (see attachment). 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 negative comments have been brought to the City’s attention as of the writing of this staff report. 3 345 Application No. MOD13-0005 / 19120 Monte Vista Drive FINDINGS Second Dwelling Unit Development standards: Per City Code Section 15-56.030, the second dwelling unit complies with all of the following development standards: (a) Lot size. The 2.3 acre lot is over 40,000 square feet. (b) Unit size. The 900 square foot second dwelling unit is between 400 and 1,200 square feet. (c) Building codes. The second dwelling unit is conditioned to comply with all applicable building, health and fire codes. (d) Zoning regulations. The second dwelling unit complies with applicable zoning (including, but not limited to, required setbacks, coverage, and height limits). (e) Parking. The project includes a third car garage space, although the requirement for a parking space within a garage is waived because the applicant will record a deed restriction that limits rental of the unit to below market rate households. (f) Access. The second dwelling unit is served by the same driveway access to the street as the existing main dwelling. (g) Common entrance. The second dwelling unit is detached from the main dwelling and therefore does not require a common entrance. (h) Bedroom limitations. The second dwelling unit has one bedroom. (i) Appearance. The second dwelling unit will match the existing main structure in color, materials and architectural design. Design Review Findings: Per City Code Article 15-45, the application complies with all of the following Design Review findings: (a) The project avoids unreasonable interference with views and privacy. The project meets this finding. Mature trees minimize privacy impacts to adjacent neighbors. Privacy and view impacts are minimized by limiting the height of the dwelling unit to less than 17 feet. (b) The project preserves the natural landscape. The project meets this finding. No new trees will be removed, and the applicant will provide tree protective measures to any trees potentially impacted by construction. (c) The project preserves protected, native and heritage trees. The project meets this finding in that no heritage or native trees are proposed for removal. (d) The project minimizes the perception of excessive bulk. The project meets this finding in that the secondary dwelling is less than 17 feet in height, is well setback from property lines, and is surrounded by mature trees. 4 346 Application No. MOD13-0005 / 19120 Monte Vista Drive 5 (e) The project is of compatible bulk and height. The project meets this finding in that the secondary dwelling and accessory structures will compliment the style, colors, and materials of the main dwelling and will be constructed of high quality materials that are in keeping with the surrounding 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 building height (Policy 1, Technique 4), integrates the second dwelling with the property by matching the materials and colors of the main dwelling (Policy 2, Technique 1), avoids interference with privacy by using landscaping to enhance privacy (Policy 3, Technique 3), 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). 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. Neighbor Notices 4. Pervious Paver specifications 5. CalGreen Measures (2nd unit) 6. Development Plans (Exhibit "A") 7. Secondary Unit and Pavilion Plans (Exhibit "B") 347 Attachment 1  RESOLUTION NO. 13-017 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING APPLICATION NO. MOD13-0005 FOR A NEW SECONDARY DWELLING UNIT, POOL BATH, AND PAVILLION LOCATED AT 19120 MONTE VISTA DRIVE / 397-09-010 WHEREAS, on February 20, 2013 an application was submitted by Gary Kohlsaat requesting modification to a Design Review approval (PDR11-0020). The application is for a new single-story detached 900 square foot secondary dwelling unit, pavilion, and 42 square foot pool bath. The total floor area on the property will be 7,704 square feet. The applicant will receive a one-time 10% increase in site coverage and allowable floor area for recording a deed restriction that limits rental of the unit to below market rate households. WHEREAS, on May 22, 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 City of Saratoga Planning Commission hereby approves Application No. MOD13-0005 subject to the Conditions of Approval attached hereto as Exhibit 1. 348 Resolution No. 13‐017  Page 2    PASSED AND ADOPTED by the City of Saratoga Planning Commission this 22nd day of May 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Joyce Hlava Chair, Planning Commission 349 Resolution No. 13‐017  Page 3    EXHIBIT 1 CONDITIONS OF APPROVAL MOD 13-0005 19120 MONTE VISTA DRIVE / 397-09-010 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.   350 Resolution No. 13‐017  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 “B” 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. Permanent Condition 12. The Owner/applicant shall enter into a written agreement with the City that restricts rental of the secondary dwelling unit to below market rate households. The terms and conditions of the agreement shall run with the land which is to be developed, shall be binding upon the successor in interest of the applicant, and shall be recorded in the Santa Clara County Recorder's office. 351 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, May 22 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: MOD 13-0005 OWNER/APPLICANT: John and Linda Dinapoli / Gary Kohlsaat ADDRESS/APN: 19120 Monte Vista Drive; Saratoga, CA 95070 / 397-09-010 PROJECT DESCRIPTION: The applicant is requesting approval for a modification to approved plans. The proposal includes a modified entry to the main dwelling and a new single- story detached 900 square foot secondary dwelling unit. The plans also include a new pool pavilion and 42 square foot pool bath. The total floor area of all structures on the property is 7,704 square feet. The recorded deed restriction that limits rental of the unit to income qualifying households, grants the applicant a 10% increase in site coverage and allowable floor area. 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 352 10/24/2011 City of Saratoga Page -1 of 1 Parcel Number Parcel Address Owner Name 39708019 19015 SUNNYSIDE DR WORK ROBERT E AND ROSALYN M 39708020 19045 SUNNYSIDE DR SAMPSON RAYMOND W AND VIRGINIA 39708021 19075 SUNNYSIDE DR LEACH DONALD P AND MARY A 39708023 15430 EL CAMINO GRANDE DANSER WILLIAM R AND GALLAGHER 39708024 15400 EL CAMINO GRANDE MIROYAN ROBERT L AND MARTHA C 39708025 19020 MONTE VISTA DR REINHARD 39708026 18974 MONTE VISTA DR KRIENS SCOTT TRUSTEE & ET AL 39708032 19001 MONTE VISTA DR BRYANT JEFFREY B AND ELIZABETH 39708033 15350 EL CAMINO GRANDE PELIO W LESLIE TRUSTEE 39708034 15300 EL CAMINO GRANDE PELIO W LESLIE TRUSTEE 39708076 15488 EL CAMINO GRANDE Al & Jamie Abhari 39708083 15225 BLUE GUM CT BOBROWSKI DEAN V AND JAIMIE D 39708084 19110 SUNNYSIDE DR PHAN THANH NGOC AND NGUYEN NGU 39708085 19040 SUNNYSIDE DR LIPPERT HELMUT FJ AND MARIA T 39709001 15441 EL CAMINO GRANDE AUYEUNG FRANK F AND WONG WING 39709004 15401 VIA COLINA DR ZANKER WILLIAM D TRUSTEE & ET 39709005 15440 VIA COLINA DR MOGHADAM FARHAD AND ZARRINKHAM 39709006 19264 MONTE VISTA DR GEE FRANKLIN AND MARGARET TRUS 39709007 19222 MONTE VISTA DR SCLAVOS STRATTON D TRUSTEE & E 39709008 19188 MONTE VISTA DR JIANDANI MOTI K AND SONI M TRU 39709009 19170 MONTE VISTA DR GUDAPATI ROSHAN TRUSTEE & ET A 39709010 19120 MONTE VISTA DR DINAPOLI JOHN B AND MELINDA M 39709011 15351 EL CAMINO GRANDE BUSS, DEBBIE AND BRADLEY 39709012 19135 MONTE VISTA DR O'DONNELL DANIEL B AND JOANNE 39709013 19175 MONTE VISTA DR MCINERNY JOHN S AND BEULAH A T 39709014 19199 MONTE VISTA DR MU, TONG 39709015 19231 MONTE VISTA DR HUNG 39709019 19174 PANORAMA DR WINVICK STANLEY W AND SHARON D 39709020 19140 PANORAMA DR SARUP VINOD AND LAURA 39709021 19106 PANORAMA DR BARKER FLORENCE S 39709022 19101 PANORAMA DR JOHNSON ROBERT S JR AND CAROLI 39709035 19221 SARATOGA-LOS GATOS RD MAIR JAMES D AND GRETCHEN W 39709042 15485 EL CAMINO GRANDE FARMER DENNIS W AND ANGELA R 39709043 15463 EL CAMINO GRANDE MORSE JOHN S TRUSTEE & ET AL 51006050 19220 SARATOGA-LOS GATOS RD SPINAZZE ROBERT A AND GEORGIAN 51006062 19180 AUSTIN WY GOSS CHARLES L AND YVONNE J TR 36 Affected Parcels 353 Radius Notification Parcel Report For the Period 10/24/2011 thru 10/24/2011 Owner Address Owner City, State Zip 19015 SUNNYSIDE DR SARATOGA, CA 95070 19045 SUNNYSIDE DR SARATOGA, CA 95070 19075 SUNNYSIDE DR SARATOGA, CA 95070 15430 EL CAMINO GRANDE SARATOGA, CA 95070 15400 EL CAMINO GRANDE SARATOGA, CA 95070 C/O ZICOVICH CONSTRUCTION LOS GATOS, CA 95030 18974 MONTE VISTA DR SARATOGA, CA 95070 19001 MONTE VISTA DR SARATOGA, CA 95070 14573 BIG BASIN WY SARATOGA, CA 95070 15350 EL CAMINO GRANDE SARATOGA, CA 95070 15488 EL CAMINO GRANDE SARATOGA, CA 95070 15225 BLUE GUM CT SARATOGA, CA 95070 19110 SUNNYSIDE DR SARATOGA, CA 95070 19040 SUNNYSIDE DR SARATOGA, CA 95070 15441 EL CAMINO GRANDE SARATOGA, CA 95070 969 BUCKEYE CT SUNNYVALE, CA 94086 15440 VIA COLINA DR SARATOGA, CA 95070 19264 MONTE VISTA DR SARATOGA, CA 95070 19222 MONTE VISTA DR SARATOGA, CA 95070 19188 MONTE VISTA DR SARATOGA, CA 95070 3418 LYNN OAKS DR SAN JOSE, CA 95117 19120 MONTE VISTA DR.SARATOGA, CA 95070 15351 EL CAMINO GRANDE SARATOGA, CA 95070 19135 MONTE VISTA DR SARATOGA, CA 95070 19175 MONTE VISTA DR SARATOGA, CA 95070 19199 MONTE VISTA DR SARATOGA, CA 95070 19231 MONTE VISTA DR SARATOGA, CA 95070 19174 PANORAMA DR SARATOGA, CA 95070 P O BOX 2221 SARATOGA, CA 95070 19106 PANORAMA DR SARATOGA, CA 95070 19101 PANORAMA DR SARATOGA, CA 95070 1690 DELL AV CAMPBELL, CA 95008 15485 EL CAMINO GRANDE SARATOGA, CA 95070 15463 EL CAMINO GRANDE SARATOGA, CA 95070 451 QUEENS LN SAN JOSE, CA 95112 19180 AUSTIN WY SARATOGA, CA 95070 354 355 356 357 358 359 360 Eco-Venetian Stone™II Concrete Paver Environmental Systems A GREEN APPROACH THE LATEST PRODUCT DEVELOPMENT IN PERMEABLE PAVEMENTS 361 Eco-Venetian Stone™ II Complete installation & specification details are available by contacting your Pavestone Sales Representative. • Boston, MA:(508) 947-6001 • Cincinnati, OH:(513) 474-3783 • Hagerstown, MD: (240) 420-3780 w w w .p a v e s t o n e .c o m Eco-Venetian Stone™II Combo Nominal Dimensions: Giant 10" W x 10" L x 3 1/8” H 254mm x 254mm Large Rectangle 10" W x 5" L x 3 1/8" H 254mm x 127mm Square 5" W x 5" Lx 3 1/8" H 127mm x127mm Height/Thickness: 80mm = 3 1/8" H Stones/Pallet 248 (80 Sq., 136 Lg. 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With initial permeability average flow rates of over 150 inches per hour, the Eco-Venetian Stone™II product, even with a 90% clogging factor, will still meet the majority of current storm water management plans (SWMP). The structural interlocking capability is achieved by the paving unit having interlocking joints with a minimum of two vertically aligned horizontal interlocking spacer bars on each of its sides. These spacer bars interlock throughout the depth of the block and nest adjacently with neighboring paving units. This optimum interlocking function resists lateral and vertical displacement when the unit is exposed to vehicular loading. The dynamics of pavement stress from traffic are better distributed providing a structurally superior permeable paving system. The micro-chamfered top edge profile produces a horizontal edge to edge dimension that is nominally 6mm including installation gapping. This small joint complies dimensionally with current ADA requirements for walking surfaces with spaces no greater than ½ inch. This narrow jointed surface diminishes vibration for wheelchairs and shopping carts when compared to all other permeable paving products. Eco-Venetian Stone™II can assist in meeting current EPA storm water regulations and LEED certifications. Eco-Venetian Stone™II product best achieves the balance of aesthetic segmental paving and the function of permeable pavement. COMPOSITION AND MANUFACTURE Eco-Venetian Stone™II is available in a height of 80mm. It is made from a “no slump” concrete mix made under extreme pressure and high frequency vibrations. Eco-Venetian Stone™II will meet or exceed ASTM C-936 with an average compressive strength greater than 8000 psi, minimum 7200 psi, and an average water absorption of 5%, maximum of 7%. Note: 80 mm product heights requires modifying the ASTM C 140 - Paver Annex A4 - “The test specimen shall be 60 ± 3 mm thick and, if necessary, cut to a specimen size having a Height/Thickness (width) [H/T] aspect ratio of 0.6 ± 0.1 INSTALLATION 1. Excavate unsuitable, unstable or unconsolidated subgrade material. Compact the area, which has been cleared as per the engineers of record (EOR) requirements. Backfill, level and densify the open graded aggregates as per the EOR’s structural and hydraulic design. 2. Place bedding course of hard and angular material conforming to the grading requirements of ASTM No. 8 or No. 9 to a uniform minimum depth of 1 1/2" - 2". (38mm-50mm) screeded to the grade and profile required. 3. Install Eco-Venetian Stone™with joints approximately 1/4". (6mm). 4. Where required, cut pave stones with an approved cutting device to fit accurately, neatly and without damaged edges. 5. Tamp pave stones with a plate compactor, uniformly level, true to grade and free of movement. 6. Spread a thin layer of hard angular material conforming to the grading requirements of ASTM No. 8 or No. 9 aggregate over entire paving area. 7. Make one more pass with plate compactor to nest the aggregate and fill joints to the top. 8. Sweep and remove surplus joint material. 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 REPORT TO THE PLANNING COMMISSION Meeting Date: May 22, 2013 Application: PCTUP13-0002 – Temporary Use Permit Location: 14612 Big Basin Way Applicant/Owner: Cinnabar Winery Staff Planner: James Lindsay SITE 393 14612 Big Basin Way SUMMARY PROJECT DESCRIPTION: The applicant is requesting approval of a Temporary Use Permit to use the public way between the curb and sidewalk in front of their establishment at 14612 Big Basin for outdoor seating and other sales activities. Staff Recommendation: Adopt Resolution No. 13-020 approving the project subject to conditions of approval. BACKGROUND Article 15-60 - Temporary Uses of the City Code allows the City to consider requests for a variety of uses, such as outdoor sales on public property, that occur on a temporary basis. Staff has the authority to approve a Temporary Use Permit if the temporary use does not exceed ten consecutive days or a total of ten days within a thirty-day period. Cinnabar Winery is requesting to use the planting strip in front of their business for outdoor sales and seating seven days a week. This timeframe requires review and approval by the Planning Commission. Staff is recommending that the Temporary Use Permit have a limited term of 2-years to retain its temporary nature. A condition of approval is being recommended to provide staff the authority, with discretion, to renew the permit every 2-years if requested by the applicant. Attachment 3 provides the materials and specifications for the tables, chairs, and benches proposed to be used in the public way. The furniture will only be placed on the paved portion of the public way and will not be placed in the tree wells. The use of the public way will be limited to the operating hours of the businesses. The project design has been reviewed by the Public Works Department which has confirmed that the project will not interfere with pedestrian use of the sidewalk, diminish access for the disabled, create any safety risk, or interfere with regular maintenance of the public right of way. The applicant shall comply with all regulations, and obtain the necessary approvals, from the State Alcoholic Beverage Control Board if alcohol is served within the area covered by this permit. NEIGHBOR CORRESPONDANCE Staff sent a notice to all adjacent property owners within 500 feet of the project site. 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 report. ENVIRONMENTAL REVIEW The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15301, Class 1, of the Public Resources Code (CEQA). Class 1 exemptions include minor exterior modifications. Page 2 of 3 394 14612 Big Basin Way Page 3 of 3 ATTACHMENTS: 1. Resolution 2. Site Plan 3. Project description and specifications 395 Attachment 1  RESOLUTION NO. 13-020 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING APPLICATION NO. PC-TUP13-0002 FOR FOR CINNABAR WINERY LOCATED AT 14612 BIG BASIN WAY / 517-08-079 WHEREAS, on May 9, 2013 an application was submitted by Suzanne Frontz requesting Temporary Conditional Use Permit approval (PC-TUP13-0002). The application is to allow outdoor sales activity including dining and eating within the public way located between the curb and sidewalk in front of 14612 Big Basin Way. WHEREAS, on May 22, 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 15301, Class 1, of the Public Resources Code (CEQA). Class 1 exemptions include minor exterior modifications and no exception to that exemption applies. Section 3: The project is consistent with the Saratoga General Plan Goal LU 2 in that the City shall encourage the economic viability of Saratoga’s existing commercial and office areas and their accessibility by residents, taking into account the impact on surrounding residential areas. Section 4: The project is consistent with the Saratoga City Code in that the temporary use is compatible with the purposes and objectives of the Zoning Ordinance. Section 5: The City of Saratoga Planning Commission hereby approves Application No. PC-TUP13-0002 subject to the Conditions of Approval attached hereto as Exhibit 1. 396 Resolution No. 13‐020  Page 2    PASSED AND ADOPTED by the City of Saratoga Planning Commission this 22nd day of May 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Joyce Hlava Chair, Planning Commission 397 Resolution No. 13‐020  Page 3    EXHIBIT 1 CONDITIONS OF APPROVAL PC-TUP13-0002 14612 BIG BASIN WAY / 517-08-079 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 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. 3. 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.   4. 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. 5. Encroachment Agreement. Prior to using the public way as allowed under this permit, the applicant shall enter into an encroachment agreement in a form acceptable to the City Attorney. 398 Resolution No. 13‐020  Page 4    6. Hours of Use. Use of the area highlighted in Exhibit A (generally the paved public way in front of 14612 Big Basin Way located between the curb and the sidewalk in-between the tree wells) is limited to the operating hours of the business located at 14612 Big Basin Way. The applicant shall remove all movable improvements from the public way while the business is closed unless other arrangements are approved by the Community Development Director. 7. Music. No music shall be played from the public way. 8. Furniture. The specifications of the furniture (including but not limited to tables, chairs, benches, umbrellas, portable heaters, barriers, fencing, etc.) shall be reviewed and approved by the Community Development Director. The furniture shall only be placed on paved areas between the curb and sidewalk. No furniture shall be placed within eighteen (18) inches from the face of curb along Big Basin Way. No furniture shall encroach or overhang on or over the public sidewalk or Big Basin Way. Use of portable heaters shall be in compliance with County Fire requirements. 9. Fire Hydrant Clearance. A minimum three (3) foot clearance shall be maintained around fire hydrant(s) at all times. 10. Term. This permit shall expire on May 22, 2015. The applicant may request renewals for subsequent 2-year terms at no additional cost and the Community Development Director may approve, with discretion, such renewals. Any decision by the Community Development Director to approve or deny subsequent renewals may be appealed to the Planning Commission. 399 400 401 402 403 404 405 406