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HomeMy WebLinkAbout08-14-13 Planning Commission Agenda PacketTable of Contents Agenda 3 July 24, 2013 Draft Minutes 5 Application PDR13-0012; 14451 Fruitvale Avenue (397-17- 007)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 7 Att. 1 Resolution 14 Att. 2 Arborist Report 18 Att. 3 Notice and Address List 29 Att. 4 Neighbor Correspondence 31 Att. 5 Cal Green Checklist 38 Att. 6 Permeable Paving Specification 46 Att. 7 Plans from June 12, 2013 meeting 54 Att. 8 Current Development Plans 70 Application VAR13-0001; 20951 Canyon View Drive (503-28- 008) Hashemieh/Sarnevesht - The applicant requests Variance approval to exceed the three foot maximum height for retaining walls located within the front yard setback and to exceed the maximum five foot height for retaining walls located outside the front yard setback. Staff Contact: Christopher Riordan (408)868- 1235 Staff Report 86 Att. 1 Resolution 91 Att. 2 Public Hearing Notice and Mailing list 95 Att. 3 Neighbor Correspondence 100 Att. 4 Site Photos 106 Att. 5 Plans 110 Application VAR13-0004; 15200 Norton Road (517-14-048); Jon Snell - The applicant is requesting a Variance to allow a new swimming pool to encroach seven feet into the required twenty foot side yard setback. Staff Report - 15200 Norton Rd.114 Att. 1 - Resolution 119 Att. 2 - Expired Resolution 123 Att. 3 - Geotechnical Clearance 127 Att. 4 - Neighbor Notification 132 Att. 5 - Public Notice 133 Att. 6 - Plan Set, Exhibit 'A'136 Application PDR13-0013; 12970 Glen Brae Dr. (389-03-002); City of Saratoga / Crown Castle on behalf of Sprint - The applicant is requesting to replace a radome housing three panel antennas on an existing monopole with a new larger radome, also housing three antennas within Congress Springs Park. 1 Staff Report - Congress Springs Park 138 Att. 1 - Resolution 142 Att. 2 - Antenna Locations 147 Att. 3 - Coverage Maps 148 Att. 4 - Photo Simulations 150 Att. 5 - RF Analysis 157 Att. 6 - Neighbor Notifications 173 Att. 7 - Public Notice 180 Att. 8 - Plan Set, Exhibit 'A'185 2 AGENDA REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, August 14, 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 July 24, 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 PDR13-0012; 14451 Fruitvale Avenue (397-17-007)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. 2. Application VAR13-0001; 20951 Canyon View Drive (503-28-008) Hashemieh/Sarnevesht - The applicant requests Variance approval from the regulations contained in City Code Section 15-29.010(l) [Retaining Walls] to exceed the three foot maximum height for retaining walls located within the front yard setback and to exceed the maximum five foot height for retaining walls located outside the front yard setback. The net lot size is approximately 32,670 square feet and the site is zoned R-1-40,000. Staff Contact: Christopher Riordan (408)868-1235 Recommended action: Adopt Resolution No. 13-030 approving the project subject to conditions of approval. 3 3. Application VAR13-0004; 15200 Norton Road (517-14-048); Jon Snell - The applicant is requesting a Variance to allow a new swimming pool to encroach seven feet into the required twenty foot side yard setback. Recommended action: Approve Resolution No. 13-029 approving the project subject to conditions of approval. 4. Application PDR13-0013; 12970 Glen Brae Dr. (389-03-002); City of Saratoga / Crown Castle on behalf of Sprint - The applicant is requesting to replace a radome housing three panel antennas on an existing monopole with a new larger radome, also housing three antennas within Congress Springs Park. The total combined height of the radome and monopole would be approximately 50 feet. Recommended action: Approve Resolution No. 13-028 approving the project subject to conditions of approval. 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 August 8, 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, July 24, 2013 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL Almalech, Bernald, Smullen, Walia and Zhao ABSENT Grover and Hlava APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of June 26, 2013 COMMUNICATIONS FROM COMMISSION & PUBLIC Direct staff to present information on SB1 at a future meeting. 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 PDR13-0010; 19502 Via Monte Drive (393-24-025); Majid Mohazzab - The applicant has requested to demolish the existing one-story, 2,975 sq. ft. single-family residence damaged by fire, in order to construct a new one-story, 4,438 sq. ft. single-family residence. The height of the proposed residence will not exceed 21 feet. Staff Contact: Michael Fossati (408) 868-1212. Action: Adopted Resolution No. 13-027 approving the project subject to conditions of approval. (5:0) 2. Application SUB10-0001 & ENV10-0001 – Mt. Eden Road (503-13-127, 128) Irany / Karr - The applicant currently owns a 13.8 acre parcel. They have submitted an application to subdivide the parcel into two parcels. Parcel 1 would be 3.85 acres and Parcel 2 would be 9.92 acres. An Initial Study / Negative Declaration was required because both proposed lots have average slopes greater than 20%. The intent to adopt the Mitigated Negative Declaration (MND) was duly noticed and circulated for a 20-day public 5 review period from May 1, 2013 – May 21, 2013. All Interested Parties desiring to comment on the ND were given the opportunity to submit written and oral comments on the adequacy of the ND up to the May 21, 2013 date. Staff Contact: Michael Fossati (408) 868-1212 Action: Tabled the item. (5:0) 3. 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 Action: Continue the project to the meeting of August 14, 2013. (5:0) DIRECTOR/COMMISSION COMMUNICATION ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning Commission by City Staff in connection with this agenda are available at the office of the Community Development at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the Planning Commission concurrently with the posting of the agenda are also available on the City website at www.saratoga.ca.us. Any materials distributed by staff after the posting of agenda are available for public review at the Community Development Department at the time they are distributed to the Planning Commission. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). CERTIFICATE OF POSTING OF AGENDA I, Abby Ayende, Office Specialist III for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission was posted and available for public review on July 18, 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: August 14, 2013 Application: PDR13-0012 Location / APN: 14451 Fruitvale Avenue / 397-17-007 Owner/Applicant: Paulson Lee Staff Planner: Christopher Riordan 14451 FRUITVALE AVENUE 7 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 Concrete Pavers on Asphalt Stamped Concrete Pool Deck & Steps Permeable Pavers on Crushed Stone Decomposed Granite Total Proposed Site Coverage 3,432.5 sq. ft. 1,173.5 sq. ft. 784 sq. ft. 3,050 sq. ft. 1,402 sq. ft. 3,420 sq. ft. (6,840/2) 950 sq. ft. 14,212 sq. ft. (31.38%) Maximum Coverage allowed is 15,849 SF (35%) Permeable Pavers on Crushed Stone Count as 50% Impervious Coverage 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 7 8 14451 FRUITVALE AVENUE PROJECT DESCRIPTION AND SITE CHARACTERISTICS Background: The Planning Commission reviewed the project at their meetings of May 22, 2013 and June 12, 2013. At the June 12, 2013 meeting the Planning Commission provided additional project related recommendations to the applicant and continued the project to the meeting of July 24, 2013. Prior to the July 24 meeting the applicant requested a continuance to the meeting of August 14, 2013. The Commission’s comments from the June 12, 2013 included the following: • The building is out of scale; • The design of the roof and building are overcomplicated; • Amount of hardscape should be reduced; • Carport design is not compatible with the style of the building; • Competing elements on the front façade; • Windows styles do not match; • Landscape plan should have less wildflowers and more “permanent” landscaping The applicant has submitted revised plans which include the following modifications: • Architecture - The carport has been removed from the plans; - The variety of window styles has been reduced; - Wrought iron details have been added to windows above the entry and at the back balcony; - The hipped roofs of two of the second story architectural features have been changed to gable roofs; - Rectangular windows below the second story roof on the front elevation have been removed; - Exposed rafter tails have been added to the second story and the garage; - Stone has been added to the base of the building and on the front entry • Landscape Plan - The detail of the landscape plan has been improved; - Wildflowers have been removed from the plan; - The variety and number of flowers and shrubs has increased to include cactus, lavender, and ceanothus; - The number and type of trees has increased to include a variety of fruit trees, specimen size magnolias, olive trees, and Red bud; - The lawn in the backyard was removed and replaced with fruit and olive trees and an open arbor covered with vines; - Concrete decking has decreased by 2,302 square feet. Page 3 of 7 9 14451 FRUITVALE AVENUE 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. 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 and include a wide asymmetrical building footprint, a hipped roof with over hanging eaves, exposed rafter tails, barrel roof tiles, a front porch supported by large square columns, arched windows, an elaborated chimney top, and smooth stucco. After the project was initially 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; 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 Page 4 of 7 10 14451 FRUITVALE AVENUE 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 and these are included as Attachment #4. 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. After the May 22, 2013 Commission meeting the applicant and their civil engineer met with the neighbor to discuss a drainage solution. The civil engineer proposed the addition of an 8-inch wall at the rear northwestern corner of the property that will collect site drainage before it enters the adjacent property. Drainage will be directed towards the front of the subject property where it will be collected in a submerged detention basin. The adjacent neighbor has reviewed the drainage plan and is satisfied with the modifications. 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. Page 5 of 7 11 14451 FRUITVALE AVENUE 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 the base 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 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 Page 6 of 7 12 14451 FRUITVALE AVENUE Page 7 of 7 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. Permeable Pavers Manufacturers Specifications 7. Plans reviewed during the June 12, 2013 meeting (for reference only) 8. Development Plans (Exhibit "A") dated July 30, 2013 13 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 and continued the application to the meeting of June 12, 2013. WHEREAS, on June 12, 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 and continued the application to the meeting of July 21 2013. WHEREAS, prior to the July 21, 2013 Planning Commission meeting the applicant requested a continuance to the meeting of August 14, 2013. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. Section 3: The project is consistent with the following Saratoga General Plan Policies: Land Use Goal 13 which provides that the City shall use the Design Review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings; Safety Element Site and Drainage Policy 3 which provides that the City shall require that landscaping and site drainage plans be submitted and approved during Design Review for a residence prior to issuance of permits; and Conservation Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. 14 Resolution No. 13-018 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 including native and heritage trees; minimizes the perception of excessive bulk; 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 14th day of August 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 15 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. 16 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. 17 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 18 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 19 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 20 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 21 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 22 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 23 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 24 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 25 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 26 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. 27 Legend Tree Canopy Tree Protective Fence 53 54 50 47 48 51 49 55 14451 Fruitvale Avenue 28 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 29 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 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Permeable Interlocking Concrete Pavements (PICP’s) • CBC Title 24/ADA Compliant • LEED Functional • Optimum balance of surface infiltration and joint interlock • Available in a 6 x 9 Quarry Stone that provides a natural look • Available in a 4 x 8 that’s perfect for architectural applications • Easily integrated with our standard paving stone lines calstone.com Permeable Pavers 46 THE PROBLEM Urbanization has increased excess storm water runoff from impervious surfaces. Impervious surfaces prevent ground water from being recharged and decrease the availability of drinking water in many communities. Increased runoff causes stream bank erosion and results in additional pollutants being transported to reservoirs, lakes, and oceans. Why PICP is right for our environment... THE SOLUTION Permeable interlocking concrete pavements are typically built on an open-graded, crushed stone base. The base offers infiltration and partial treatment of stormwater pollution and therefore, can be categorized as a structural BMP (Best Management Practice). Infiltration of rainfall helps maintain the balance of water in the soil, groundwater, and streams, thus supporting the water cycle. Besides reducing runoff, a certain degree of treatment occurs to the various pollutants in the water. If the infiltration capacity of the soil is exceeded, or there are particularly high levels of pollutants, the pavement base can be designed to filter, partially treat, cool, and slowly release water into a storm sewer or water course. When conditions allow, channeling rainfall to the natural aquifer through infiltration is possible. Typical cross (PICP) cross section Permeable interlocking concrete pavement (PICP) with open-graded base and subbase for infiltration and storage. 3 1/8 in. (80 mm) thick Calstone Permeable Pavers Open-graded bedding course Open-graded base course (OGB) Open-graded subbase on non-compacted soil subgrade Water Flow Calstone Concrete Permeable Pavers Permeable Joint Material Open-graded Bedding Course Open-graded Base Reservoir Open-graded Sub-base Reservoir Under Drain (as required) Optional Geotextile Under Sub-base Non-compacted Sub-grade Soil 47 BENEFITS OF PERMEABLE PAVING STONES • Improved water quality • Reduced construction costs of drainage system • Reduces storm water runoff and flooding • Preserves our stream beds and river banks • Can sustain heavy loading • Increases storm water storage • Promotes groundwater recharge • Can be mechanically installed • Allows water infiltration to tree roots • Increased lot usage APPLICATIONS • Commercial & residential driveways • Public parking lots • Emergency vehicles access lanes • Pedestrian paths • Commercial entrances • Plazas The unique design of the pavers include a spacing gap that is filled with crushed stone joint material that provides very high infiltration rates to handle severe weather. 48 6 x 9 Quarry Stone Specifications • 76 square feet per pallet • 210 stones per pallet • 5.91” x 8.86” Coverage Area • 80 millimeter height • 2.75 stones per square foot • 6.0% open area • Joint material should be stone size # 89 or # 9 and conform to ASTM D448 • 30 inches per hour initial infiltration rate 49 4 x 8 Product Specifications • 88 square feet per pallet • 400 full stones / 24 half stones per pallet • 3.94” x 7.87” Coverage Area • 80 millimeter height • 4.7 stones per square foot • 5.8% open area • Joint material should be stone size #89 or #9 and conform to ASTM D448 • 30 inches per hour initial infiltration rate Antiqued Standard The 4x8 permeable paving stone can be manufactured in any of our Quarry Stone colors, (as shown on the next page), or our Classic Cobble colors, which can be viewed at calstone.com in the Paving Stone section. 50 Color Selection Guide From a natural stone origin, using up to six blended colors, we created nine distinctively blended choices. Permeable Pavers come in all the Quarry Stone colors shown on this page. Tuscan Gold Connecticut Green Sierra Granite Calico Ridge Chaco Canyon Sequoia Sandstone Sunset Terra Cotta Rustic Yellowstone 51 Where Calstone Concrete Pavers Can Help Your Project Achieve LEED Credits: LEED Credit Sustainable Sites (SS) 6.1 - Storm Water Design Quantity Control 1 Point Sustainable Sites (SS) 6.2 - Storm Water Design Quantity Control 1 Point Sustainable Sites (SS) 7.1 - Heat Island Effect 1 Point 50% 2 Points 100% (ID) Materials and Resources (MR) 2.1 and 2.2 - Construction Waste Management 1 Point 50% 2 Points 75% 3 Points 95% (ID) Materials and Resources (MR) 3.1 and 3.2 - Materials Reuse 1 Point 5% 2 Points 10% 3 Points 15% (ID) Materials and Resources (MR) 4.1 and 4.2 - Recycled Content 1 Point 10% 2 Points 20% 3 Points 30% (ID) Materials and Resources (MR) 5.1 and 5.2 - Regional Materials 1 Point 10% 2 Points 20% 3 Points 40% (ID) Innovation in Design (ID) 1.1 - 1.4 LEED Intent Limit disruption of natural water hydrology by reducing impervious cover, increasing on-site infiltration, and managing stormwater runoff. Reduce or eliminate water pollution by reducing impervious cover, increasing on-site infiltration, eliminating sources of contaminants, and removing pollutants from stormwater runoff. Reduce heat islands (thermal gradient differences between developed and undeveloped areas) to minimize impact on microclimate and human and wildlife habitat. Divert construction and demolition debris from disposal in landfills. Redirect recyclable recovered resources back to the manufacturing process. Reuse building materials in order to reduce demand for virgin materials and to reduce waste, thereby reducing impacts associated with the extraction and processing of virgin resources. Increase demand for building products that incorporate recycled content materials, thereby reducing impacts resulting from extraction and processing of virgin materials. Increase demand for building materials and products that are extracted and manufactured within the region, thereby supporting the use of indigenous resources and reducing the environmental impacts resulting from transportation. To provide design teams and projects the opportunity to be awarded points for exceptional performance. How Calstone Pavers Contributes Permeable Interlocking Concrete Pavement (PICP) captures and treats stormwater beneath the pavement Captured stormwater can be infiltrated to ground water, released at a controlled rate to a storm drain, or harvested for use in any of 5 water efficiency credits PICP systems can be designed to infiltrate all stormwater on site. Water that is infiltrated on site is considered 100% treated. All PICP’s reduce the Total Suspended Solids (TSS) in captured water. Calstone offers high albedo colors that reduce heat absorption. Lighter colored pavements aid in improving night time visibility and reduce site lighting requirements. 100% of the materials used in a PICP system are recyclable, and 100% of Calstone packaging materials are recyclable. All shipping pallets, excess paving stones, cut & scrap stones, and base & bedding materials, can be returned directly to Calstone for on-site recycling. Paving stones, and most of the components in a PICP system, are completely reusable. A PICP can be removed and replaced in the original or new layout with little to no additional material required. Calstone is constantly active in research and development of mix designs using recycled materials. Special high recycled content custom mix designs are available. Many of these designs offer additional performance advantages. All Calstone manufacturing facilities service the same area within a 500 mile radius. Over 99% of the materials used in our paving stones are sourced within a 500 mile radius. Additional points as noted above for exemplary performance SS 7.1, MR 2.2, 3.2, 4.2, and 5.2 52 Manufacturing Service Centers: Galt - phone (209) 745-2981 421 Crystal Way, Galt, CA 95632 Tracy - phone (209) 833-7366 426 East Grant Line Road, Tracy, CA 95376 calstone.com San Martin - phone (408) 686-9627 13775 Llagas Ave. San Martin, CA 95046 Sunnyvale - phone (408) 984-8800 1155 Aster Ave. Sunnyvale, CA 94086 INSTALLATION For Design, Construction, and Maintenance please refer to: ICPI - Permeable Interlocking Concrete Pavements by David R. Smith. Installation drawings are available at www.icpi.org in the publications section. For a complete set of specifications go to www.calstone.com under specifications in the paving stone section. Technical Guidelines • Pavers conform to ASTM C936 • Construction aggregates must conform to ASTM D448 • Joint filling stone gradation: ASTM # 89 or 9 • Base gradation: ASTM # 57 • Subbase gradation: ASTM # 2, 3 or 4 (railroad ballast) • Soil subgrade: classified per ASTM D2487; tested for permeability per ASTM D3385 • Structural design: ICPI design chart determines minimum base thickness to support pedestrian and vehicular traffic 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 REPORT TO THE PLANNING COMMISSION Meeting Date: August 14, 2013 Application: VAR13-0001 Location / APN: 20951 Canyon View / 503-28-008 Owner/Applicant: Nader Sarnevesht Staff Planner: Christopher Riordan SITE 20951 Canyon View 86 20951 Canyon View – VAR13-0001 Summary PROJECT DESCRIPTION: The applicant requests Variance approval for recently constructed retaining walls with heights greater than three feet within the front setback area and greater than five feet in height elsewhere on the site. The retaining walls were erected during the construction of a two story house located at 20951 Canyon View which received Planning Commission approval in October 2007. The applicant is also requesting review of minor architectural modifications to the exterior of the structure. STAFF RECOMMENDATION: Adopt Resolution No. 13-030 approving the project subject to conditions of approval. Variance approval by the Planning Commission is required pursuant to City Code Section 15- 29.010(l). PROJECT DATA: Net Site Area: 32,670 SF Average Site Slope: 39.7% General Plan Designation: RVLD (Residential Very Low Density) Zoning: R-1-40,000 Proposed Allowed/Required Retaining Wall Height Within Front Setback Area 3.00 FT - 11.62 FT 3 FT Outside Front Setback Area 5.00 FT – 8.14 FT 5 FT PROJECT DESCRIPTION AND SITE CHARACTERISTICS Site Description and Project History: The site consists of a recently constructed 3,635 square foot, 25-foot tall, Craftsman style two-story single-family home which received Planning Commission approval on October 24, 2007. A circular driveway provides access to the site. The project included a variance to construct the residence because the average slope beneath the building footprint was 39.7 percent and pursuant to City Code Section 15-19.020(d), the average slope beneath a structure is not to exceed 30 percent. The applicant had also requested a variance to construct a pool on a slope exceeding 30 percent however; that variance request was not approved by the Commission. The approved plans included a series of “stepped” retaining walls where no individual wall was in excess of three feet. Project Description: Variance: Project construction was completed in February 2013. During staff’s final review of the project it was determined that the design of the retaining walls as originally approved had been modified and that the retaining walls as constructed were taller than allowed per City Code. Retaining walls within the 30 foot front setback area are limited to a maximum height of three feet and retaining walls outside the front setback are limited to a maximum height of five feet. Page 2 of 5 87 20951 Canyon View – VAR13-0001 The applicant is requesting a Variance for retaining walls located in the following areas of the site: Location Height Range Variance The wall east of the driveway and parallel to the street 1.25 feet – 4.08 feet • Exceeds three feet height in front setback for a length of approximately thirty-five feet. The wall south of the driveway and parallel to the southern lot line adjoining the adjacent property (structural) 1.34 feet – 11.62 feet • Exceeds three foot height limit in front setback for length of approximately thirty-one feet. • Exceeds five foot height limit for a length of approximately twenty-five feet. Two walls behind the residence that are supporting the steep slope (structural) 7.48 feet – 7.5 feet • Both walls exceed the five foot maximum height for a combined length of 260 feet. Modifying or removing some of the non-compliant walls could affect the structural integrity of the home and reduce the slope stability of the site, including the slope stability of the adjacent property to the south. Those walls are identified above with the (structural) notation. A Variance is not requested for the retaining walls west of the driveway and near the exterior stairs. These walls have a combined length of 63 feet and are in excess of the three foot height limit for retaining walls located within a front setback area. These walls range in height from 4 feet to 6.79 feet. To eliminate the need for a variance the applicant has proposed constructing an additional wall/planter in front of each existing wall so that no section of the wall would exceed a height of three feet. The applicant would plant bushes in the wall/planters that would help screen the appearance of the walls as viewed from the street. Architectural Modifications: The applicant has also made some minor architectural modifications to the plans that were approved by the Planning Commission. The following architectural details were not incorporated into the completed project: • The columns on opposite sides of the garage, on the balcony above the garage, and on the first story porch to the right of the entrance. • Craftsman “stickwork” detailing above the garage and front entrance and above the architectural projections that are located on opposite sides of the second story balcony. The Development Plans included as Attachment #5 include both the original plans approved on October 24, 2007 and the as-built plans that were actually constructed. Neighbor Notification and Correspondence: The applicant received signed neighbor notification forms from six adjacent neighbors. These included the neighbors on both sides of the property as well as those across the street on Canyon View and Fourth Street. Each neighbor signed the form with no additional project related comments. Copies of the neighbor notification forms are included as Attachment #3. Page 3 of 5 88 20951 Canyon View – VAR13-0001 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. A copy of this notice is included as Attachment #2. FINDINGS Variance: The findings required for issuance of a Variance approval pursuant to City Code Section 15-70.020 (Authority to grant Variances) 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 regulations enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. Due to the steep slope of the site, and the goal of the applicant to reduce the visual presence of the residence by merging the building into the hillside and to construct a driveway with minimum slope so as to be accessible by emergency vehicles, it was necessary to construct retaining walls in excess of the maximum allowable height. 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. In October 2007 the Planning Commission approved the project and the associated Variance to construct the project on a steep slope. The Commission did find that the granting of the Variance would not be a grant of special privilege in that many of the homes in the neighborhood would have been built or were constructed on properties of similar slope and would have been granted a variance or were built at a time that predates City Zoning regulations for variances. Similar reasoning can be applied to the current Variance application for retaining wall heights. This finding can be made in the affirmative. (c) That the grant of the variance would not be detrimental to public health, safety or welfare or materially injurious to properties or improvements in the vicinity. The retaining walls would be required to meet California Building Code Standards and Geotechnical Clearance conditions would be met. The granting of the variance will be in harmony with the purpose and intent of the regulations and will have no negative impact to the public health, safety, or welfare. This finding can be made in the affirmative. 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. Page 4 of 5 89 20951 Canyon View – VAR13-0001 Page 5 of 5 STAFF RECOMMENDATION: Adopt Resolution No. 13-030 approving the project, subject to conditions of approval. ATTACHMENTS: 1. Resolution of Approval for Variance 2. Public Hearing Notice and Mailing Address List for Project Notification 3. Neighbor Correspondence and Notification Forms 4. Site Photos 5. Development Plans (Exhibit "A") 90 RESOLUTION NO: 13-030 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING A VARIANCE FOR RETAINNIG WALLS WITH HEIGHTS EXCEEDING THE MAXIMUM ALLOWED PER CITY CODE LOCATED AT 20951 CANYON VIEW DRIVE WHEREAS, on January 28, 2013, an application was submitted by Nader Sarnevesht, requesting Variance approval to construct retaining walls with heights in excess of those allowed per City Code for a recently constructed single-family home located at 20951 Canyon View Drive. The heights of the walls exceed the three foot maximum for retaining walls within a front setback area and are taller than the five meet maximum for walls outside the front setback area. The site is located within the R-1-40,000 Zoning District (APN 503-28-008). 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 August 14, 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; Conservation Element Goal 2 and Land Use Element Goad 1 which states that the City shall preserve the City’s existing character which includes small town residential, rural/semi-rural areas and open spaces areas; 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; and Land Use Element Policy 1.1 that the city shall continue to be predominantly a community of single-family detached residences. Section 4: The project is consistent with the Saratoga City Code in that because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulations would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district; 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; and that 91 Resolution No. 13-030 the granting of the variance would not be detrimental to public health, safety or welfare or materially injurious to properties or improvements in the vicinity Section 5: The City of Saratoga Planning Commission hereby approves VAR13- 0001 located at 20951 Canyon View Drive subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 14th day of August 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 92 Resolution No. 13-030 Exhibit 1 CONDITIONS OF APPROVAL VAR13-0001 20951 CANYON VIEW DRIVE (APN 503-28-008) 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. 93 Resolution No. 13-030 5. 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. 6. The newly constructed walls/planter constructed to the north of the front entrance and adjacent to the driveway shall be installed prior to building permit final. 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. 94 95 96 97 98 99 100 101 102 103 104 105 Site Photos 106 107 108 109 110 111 112 113 REPORT TO THE PLANNING COMMISSION Meeting Date: July 24, 2013 Application: Variance VAR13-0004 Location / APN: 15200 Norton Rd. / 517-14-048 Owner / Applicant: Jon Snell Staff Planner: Michael Fossati 15200 Norton Road 114 SUMMARY ZONING GENERAL PLAN DESIGNATION Single-Family Res. (R1-40,000) Residential Very Low-Den. (RVLD) PARCEL SIZE AVERAGE SLOPE 1.64 acres. (net lot size) ±29% PROJECT DESCRIPTION: The applicant is requesting a Variance to allow a new swimming pool to encroach seven feet into the required twenty foot side yard setback. STAFF RECOMMENDATION: Approve Resolution No. 13-029 approving the project subject to conditions of approval. PROJECT DATA Net Lot Size: 1.64 acres Proposed Allowed Site Coverage Building Footprint Driveway Dog Run East Patio North Patio Front Patio Entry Stairway Pool and Pool Deck Total 4,049 sq. ft. 2,442 sq. ft. 550 sq. ft. 1,115 sq. ft. 580 sq. ft. 995 sq. ft. 750 sq. ft. 1,790 sq. ft. 12,271 sq. ft. (17%) 25,008 sq. ft. (35%) Setbacks Front: Side (Left): Side (Right): Rear Existing 30’ 20’ 20’ 50’ Proposed 209’ 13’ 131’ 175’ Pursuant to City Code Section 15-80.030(b), no swimming pool or accessory mechanical equipment shall be located in a required front, side or rear setback area. The applicant has applied for a variance to the required setback due to the configuration and topography of the site as well as the location of protected trees within the rear setback. SITE AND PROJECT CHARACTERISTICS Site Description 115 The heavily sloped site is located southwest of Highway 9 and east of Norton Road. The area is comprised of acre-sized, hillside lots with large, stately residences. Background The City approved a variance in April 2000 allowing a swimming pool to encroach 13 feet into the required side yard setback on the subject property. Due to financial constraints, the project was never complete and the approval expired. The applicant resubmitted the application and has reduced the size of the pool thereby reducing the side encroachment from 13 feet to 7 feet. Proposed Location The applicant has chosen the proposed location because it is the flattest and least vegetated area on the site. Per the City Code, a swimming pool can be located within the rear yard, but the rear yard of the subject property is heavily vegetated with lush, healthy protected and native trees. Furthermore, the majority of rear yard lays on topography with slopes that range from 30 – 60%, in comparison to the proposed location of the pool, which have 4 – 6% slopes. Finding #1 for a variance requires “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.” Staff believes this finding can be made due to the special circumstances specific to 15200 Norton Road. Geotechnical Clearance The City Engineer required Geotechnical Clearance for the project, as the site is located near potential landslide areas. Extensive review was required, as there was a belief that the proposed pool location was under an inactive fault traces. As stated in the Geotechnical Clearance Memorandum, “new data obtained during an investigation of 15200 Norton Road indicates that the fault trace trends more to the east after crossing Sigal Drive than depicted on the current City Map.” The collected data gave the City Geologist the ability to grant the project a Geotechnical Clearance. Finding #3 for a variance requires “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. With the review completed by the City Geologist, staff can recommend the project will not negatively affect public health and safety. Neighbor Correspondence The applicant submitted one neighbor notification form from the property owner at 1600 Cuvilly Way, which is the neighbor that shares the property line with 15200 Norton Road. Staff also sent a “Notice of Public Hearing” to all property owners within 500 feet of the subject property. The public hearing notice and description of the project was published in the Saratoga News. Staff has not received any comments on the project. 3 116 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. The project meets this finding because the steep topography and abundant trees within the rear yard create special circumstances that limit the land area where a pool can be constructed. The proposed location is relatively flat, free from native and heritage tree, and in an area that would not impact privacy or safety of the adjacent neighbors. 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. The project meets this finding because four of the six properties in the neighborhood have swimming pool facilities. The applicant possesses similarly sized parcel, yet, due to the steep topography and abundant tree cover, does not possess a land area where a pool can be constructed without the approval of a variance. If the pool were to be proposed in the rear yard, the applicant could potentially affect numerous protected trees while applying for an additional variance due to the slope of the rear yard. The proposed area within the side setback is the most appropriate area to construct the pool, as the area is the least impactful to the site. 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. The project meets this finding because the site has been investigated by the City Geologist with the determination that the proposed location of the pool (and main residence) is outside the traces of the Berrocal fault. In turn, approval of the project would not be detrimental to health, safety or welfare of properties or improvements in the vicinity as long as conditions and recommendations from the City Geologist are incorporated into the final building plan. Staff has conditioned that the conclusions and recommendations of the City Geologist be followed within the resolution. This finding can be made in the affirmative. ENVIRONMENTAL DETERMINATION: The proposed project, which includes the construction of a swimming pool, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the Guidelines for Implementation of CEQA. This Class 3 exemption applies to new construction of limited small new facilities; installation of small, new equipment and facilities in small structures. STAFF RECOMMENDATION Adopt Resolution No. 13-029 approving the project subject to conditions of approval. 4 117 5 ATTACHMENTS: 1. Resolution of Approval – 15200 Norton Rd. 2. Previous Resolution – V-99-007 3. Geotechnical Clearance GEO13-0005, dated 7/22/13 4. Neighbor Notifications 5. Public hearing notice, mailing addresses, and map for project notification 6. Reduced Plans, Exhibit "A.” 118 RESOLUTION NO: 13-029 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING VARIANCE VAR13-0004 ALLOWING A SWIMMING POOL WITHIN A SIDE YARD LOCATED AT 15200 NORTON ROAD WHEREAS, an application was submitted by Jon Snell requesting Variance approval to construct a swimming pool within the side yard setback, located at 15200 Norton Road (APN 517- 14-048). The site is located within the R-1-40,000 zoning district. 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 August 14, 2013, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City Staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, “New Construction or Conversion of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). This exemption applies to new construction and installation of small, new equipment and facilities in small structures. Section 3: The project is consistent with the following Saratoga General Plan Policies: Land Use Goal 13 which provides that the City shall use the Design Review process to assure that new construction and major additions thereto are compatible with the site and the adjacent surroundings; Land Use Element Policy 5.2 which states that Development proposals shall be evaluated against City standards and guidelines to assure that the related traffic, noise, light, appearance, and intensity of the proposed use have limited adverse impact on the area and can be fully mitigated; and Conservation Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Section 4: The project is consistent with the Saratoga City Code in that the Planning Commission is empowered to grant variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the City Code as would result from a strict or literal interpretation and enforcement of certain zoning regulations. 119 Resolution No. 13-029 Section 5: The City of Saratoga Planning Commission hereby approves VAR13-0004 located at 15200 Norton Road, subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 14th day of August 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 120 Resolution No. 13-029 Exhibit 1 CONDITIONS OF APPROVAL VAR13-0004 15200 NORTON RD. (APN 517-14-048) A. GENERAL 1. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner’s successors in interest for such time period. No zoning clearance, or demolition, grading for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent or other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content to the Community Development Director. 2. If a condition is not “Permanent” or does not have a term specified, it shall remain in effect until the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent. 3. Conditions may be modified only by the Planning Commission unless modification is expressly otherwise allowed by the City Code including but not limited to Sections 15-80.120 and/or 16- 05.035, as applicable. 4. The City shall mail to the Owner and Applicant a notice in writing, on or after the time the Resolution granting this Approval is duly executed containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). THIS APPROVAL OR PERMIT SHALL EXPIRE SIXTY (60) DAYS AFTER THE DATE SAID NOTICE IS MAILED IF ALL PROCESSING FEES CONTAINED IN THE NOTICE HAVE NOT BEEN PAID IN FULL. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the Community Development Director certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 5. A Building Permit must be issued and construction commenced within 24 months from the date of adoption of this Resolution or the Variance Approval will expire unless extended in accordance with the City Code. 6. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. 7. Prior to issuance of any Demolition, Grading, or Building Permit to implement this Variance Approval the Owner or Applicant shall obtain a “Zoning Clearance” from the Community Development Director by submitting final plans for the requested permit to the Community Development Department for review to ascertain compliance with the requirements of this Resolution. 121 Resolution No. 13-029 8. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance from the Community Development Director, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold Harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. B. COMMUNITY DEVELOPMENT 9. Compliance with Plans and Description of Use. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans and Description of Use, denominated Exhibit "A", dated May 29, 2013. All proposed changes to the Approved Plans and Description of Use must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with Condition A.3, above. 10. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the Community Development Department Director or designee prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department and referenced in Condition No. B.9 above; b. This signed and dated Resolution printed onto separate construction plan pages; c. All additional drawings, plans, maps, reports, and/or materials required by the Building Division 11. Fences. No fence or wall shall exceed six feet in height and no fence or wall located within any required front yard shall exceed three feet in height. No retaining wall shall exceed five feet in height and no retaining wall within any required front yard shall exceed three feet in height. 12. Stormwater. A stormwater retention plan indicating how all stormwater (to the extent feasible) will be retained on-site, and incorporating the New Development and Construction – Best Management Practices. 122 123 124 125 126 127 128 129 130 131 132 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 14th day of August 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: VAR13-0004 / 15200 Norton Drive APPLICANT/OWNER: Jon Snell APN: 517-14-048 DESCRIPTION: The applicant has requested a variance to construct a swimming pool approximately 13 feet from the side property line. 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, August 5th 2013. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor’s office annually, in preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Michael Fossati Planner (408) 868-1212 133 Subject APN: 517-14-048 Address: 15200 NORTON 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 134 Parcel Number Owner Name Owner Address Owner City, State Zip #5663 500' OWNERSHIP LISTING Prepared for: 15200 Norton Rd 517-13-020 BONNIE & GREGORY T FOX 15175 NORTON AVE SARATOGA CA 95070 517-13-026 JUDGE KENNEDY SINGH & NESBET15088 NORTON DR SARATOGA CA 95070 517-13-037 STORMIN NORMAN LLC 16000 CUVILLY CT SARATOGA CA 95070 517-14-031 SMITH JENNI TR 15210 BOHLMAN RD SARATOGA CA 95070 517-14-032 TANZEER & SHAMEEM AHMED 15201 NORTON RD SARATOGA CA 95070 517-14-033 THOMAS RUNALDUE 15231 NORTON RD SARATOGA CA 95070 517-14-042 CHETIA FAMILY TR 15330 NORTON RD SARATOGA CA 95070 517-14-043 PETER B & LINDA M PHIPPS 15270 NORTON RD SARATOGA CA 95070 517-14-044 HAMMOND HAN CHIN KU 20642 SIGAL DR SARATOGA CA 95070 517-14-045 OLIVIA V GARCIA 3376 SHADY SPRING LN MOUNTAIN VIEW CA 94040 517-14-046 NOREEN T YAMAOKA P.O. BOX 2879 SARATOGA CA 95070 517-14-047 DAVID W DOLLOFF 20685 SIGAL DR SARATOGA CA 95070 517-14-048 JONATHAN H SNELL 15200 NORTON RD SARATOGA CA 95070 517-14-070 EDWARD M & MICHELLE FARRELL 20877 KITTRIDGE RD SARATOGA CA 95070 517-14-071 CLEO P & JOHN C CONSTANTIN 6132 FRANCISCAN CT SAN JOSE CA 95120 517-14-081 CLEO P & JOHN C CONSTANTIN 6132 FRANCISCAN CT SAN JOSE CA 95120 517-14-082 DAVID D ARNOLD 15291 NORTON RD SARATOGA CA 95070 517-14-094 SRINIVASAN & SUDHA RAJAGOPAL20620 SIGAL DR SARATOGA CA 95070 517-18-011 KENNETH E & DEBORAH A FOLLMA15400 WINCHESTER BLVD #34 LOS GATOS CA 95030 517-18-045 SUDIN & RAMA VITTAL 15265 MONTALVO HEIGHTS CT SARATOGA CA 95070 517-18-046 GARY & JANICE VALENZUELA 15244 MONTALVO HEIGHTS DR SARATOGA CA 95070 517-18-064 VALONIA LAU OEI KADOORIE HILL GARDEN BRAGA CIRCUIT HO 135 136 Scale 1" = 20'Site PlanSnell/Tuers R esidence15200 N orton R d, Saratoga, C a 95070Site Plan1 of 3R O YAL PO O LS137 REPORT TO THE PLANNING COMMISSION Meeting Date: August 14, 2013 Application: Design Review PDR13-0013 Location / APN: 12970 Glen Brae Dr. / 389-03-002 Owner / Applicant: City of Saratoga / Crown Castle on behalf of Sprint Staff Planner: Michael Fossati 12970 Glen Brae Dr. – Congress Springs Park 138 SUMMARY ZONING Single-Family Residential (R1-12,500) GENERAL PLAN DESIGNATION Open Space – Managed Resources (OS-MR) PROJECT DESCRIPTION: The applicant is requesting to replace a radome housing three panel antennas on an existing monopole with a new larger radome, also housing three antennas within Congress Springs Park. The total combined height of the radome and monopole would be approximately 50 feet. STAFF RECOMMENDATION: Approve Resolution No. 13-028 approving the project subject to conditions of approval. PROJECT DATA Pursuant to City Code Section 15-44.020(a), no building permit shall be issued for the construction of a Wireless Telecommunications Facility, or the modification of an existing Wireless Telecommunications Facility, within any zoning district until such structure has received design review approval by the Planning Commission. The application includes the replacement and installation of new panel antennas and associated equipment. SITE AND PROJECT CHARACTERISTICS Site Description The project site is located in the southeast corner of Congress Springs Park. The park is approximately a 10 acre site containing baseball, softball, soccer, and recreational fields. The area where the monopole is located is bordered by the park itself, Highway 85, and Saratoga Creek. Project Description The application was received by the City in May 2013. The applicant is proposing to replace an existing personal wireless antenna facility, which includes a six foot tall radome on a 44 ft. tall base pole, with a new eight foot tall radome on a 42 ft. tall base pole. The existing radome is 16 inches in diameter. The proposed radome would be 32 inch in diameter and painted to match the existing base pole. Additional equipment would be added to the site, which includes six new Radio Remote Units (RRU’s) on a new H-frame and two new cabinets to replace the three existing cabinets. The RRU’s and cabinets would be installed at ground level and within the area leased to Sprint. Additional fiber and supporting equipment and an upgrade to the existing power supply is also proposed. 2 139 Federal Communications Commission (FCC) Requirements Under the Telecommunications Act of 1996, the FCC has exclusive jurisdiction over Radio Frequency (RF) emissions from personal wireless antenna facilities. The City can evaluate and regulate only the aesthetic aspects of wireless installations. Any concerns regarding health and safety aspects of the wireless sites are not within the purview of the Planning Commission. Pursuant to its authority under federal law, the FCC has established rules to regulate the safety of emissions from these facilities. Radio Frequency (RF) Analysis The applicant has provided a Radio Frequency (RF) Analysis which concludes the proposed telecommunication facility would comply with the FCC’s current standards for limiting human exposure to RF energy, and no significant impact on the general public is expected. As proposed, the new antennas would operate at no more than 3.346% of the maximum power density in any accessible area on the ground. Neighbor Correspondence Of the 24 certified letters sent out to the public, the applicant received and submitted seven neighbor notification forms from neighboring property owners. Staff also sent a “Notice of Public Hearing” to all property owners within 500 feet of the subject property. The public hearing notice and description of the project was published in the Saratoga News. Of those seven neighbor notification forms, staff has received one comment in opposition of the project. The neighboring property owner states that there is Electromagnetic Fields (EMF) levels considerably in excess of levels considered safe. Staff contacted the property owner asking if he had proof that the proposed project would add to these unsafe levels. The owner said he had no written proof and just wanted his comments to be heard into the record. DESIGN REVIEW FINDINGS The findings required for issuance of a Design Review Approval pursuant to City Code Section 15-44.025 are set forth below and the applicant has met the burden of proof to support making all of those required findings: (a) That the Wireless Telecommunications Facility is or can be co-located with another Wireless Telecommunications Facility located on a structure or an existing utility pole/tower in the public right-of-way unless the applicant has demonstrated that such location is not technically or operationally feasible. The project meets this finding because the antenna is replacing an existing antenna, while not increasing the height of the existing base pole structure. This finding can be made in the affirmative. (b) That the Wireless Telecommunications Facility and related structures incorporate architectural treatments and screening to substantially include: (1) Appropriate and innovative stealth design solutions; 3 140 4 (2) Techniques to blend with the surrounding environment and predominant background; (3) Colors and materials that are non-reflective; (4) Exterior textures to match the existing support structure or building; and (5) Reasonably compatible height with the existing surrounding environment. The project meets this finding because the proposed antenna replacement would be located significantly far away from sight lines of neighboring property owners as it would be constructed at the southeast end of Congress Springs Park, adjacent to Highway 9, within an existing equipment storage facility. The color, exterior textures and height of the proposed wireless equipment are consistent with the gray, industrial color of the nearby existing wireless radome and PG&E utility tower located to the south of the proposed equipment. This finding can be made in the affirmative. (c) That landscaping and fencing provide visual screening of the Wireless Communication Facility's ground-mounted equipment, related structures, and that fencing material is compatible with the image and aesthetics of the surrounding area. The project meets this finding because the equipment area is shielded by recreational storage and maintenance equipment and within a fenced area, non-accessible to patrons of the park, trail and other recreational facilities. Additional shrubs and bushes within the fenced area provide an additional scenic buffer regarding the ground-mounted equipment. This finding can be made in the affirmative. ENVIRONMENTAL DETERMINATION: The proposed project, which includes installation and replacement of new cellular equipment, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the Guidelines for Implementation of CEQA. This Class 3 exemption applies to new construction of limited small new facilities; installation of small, new equipment and facilities in small structures. STAFF RECOMMENDATION Adopt Resolution No. 13-028 approving the project subject to conditions of approval. ATTACHMENTS: 1. Resolution of Approval – 12970 Glen Brae Dr. 2. Antenna Locations – Sprint PCS 3. Coverage Maps – Sprint PCS 4. Photo Simulations 5. RF Analysis 6. Neighbor Notifications 7. Public hearing notice, mailing addresses, and map for project notification 8. Reduced Plans, Exhibit "A.” 141 RESOLUTION NO: 13-028 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING DESIGN REVIEW PDR13-0013 REGARDING WIRELESS ANTENNAS LOCATED AT 12970 GLEN BRAE DR (CONGRESS SPRINGS PARK) WHEREAS, an application was submitted by Crown Castle on behalf of Sprint requesting Design Review approval to replace three existing 3G cellular panel antennas, six foot tall, 16 inch diameter radome and associated ground-mounted equipment with three new 4G panel antennas, eight foot tall, 32 inch diameter radome, and associated ground-mounted equipment within a leased area located at the southeast end of 12970 Glen Brae Drive (APN 389-03-002), also known as Congress Springs Park. The site is located within the R-1-12,500 zoning district. 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 August 14, 2013, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City Staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, “New Construction or Conversion of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). This exemption applies to new construction and installation of small, new equipment and facilities in small structures. Section 3: The project is consistent with the following Saratoga General Plan Policies: Land Use Goal 13 which provides that the City shall use the Design Review process to assure that new construction and major additions thereto are compatible with the site and the adjacent surroundings; Land Use Element Policy 5.2 which states that Development proposals shall be evaluated against City standards and guidelines to assure that the related traffic, noise, light, appearance, and intensity of the proposed use have limited adverse impact on the area and can be fully mitigated; and Conservation Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Section 4: The project is consistent with the Saratoga City Code in that the design and improvements are consistent with the design review findings in that the project is co-located with another wireless telecommunications facility, blends in with the surrounding environment and predominant background, and is appropriately screened visually. 142 Resolution No. 13-028 Section 5: The City of Saratoga Planning Commission hereby approves PDR13-0013 located at 12970 Glen Brae Drive, subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 14th day of August 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 143 Resolution No. 13-028 Exhibit 1 CONDITIONS OF APPROVAL PDR13-0013 12970 Glen Brae Dr. (APN 389-03-002) A. GENERAL 1. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner’s successors in interest for such time period. No zoning clearance, or demolition, grading for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent or other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content to the Community Development Director. 2. If a condition is not “Permanent” or does not have a term specified, it shall remain in effect until the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent. 3. Conditions may be modified only by the Planning Commission unless modification is expressly otherwise allowed by the City Code including but not limited to Sections 15-80.120 and/or 16- 05.035, as applicable. 4. The City shall mail to the Owner and Applicant a notice in writing, on or after the time the Resolution granting this Approval is duly executed containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). THIS APPROVAL OR PERMIT SHALL EXPIRE SIXTY (60) DAYS AFTER THE DATE SAID NOTICE IS MAILED IF ALL PROCESSING FEES CONTAINED IN THE NOTICE HAVE NOT BEEN PAID IN FULL. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the Community Development Director certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 5. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or the Design Review Approval will expire unless extended in accordance with the City Code. 6. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. 7. Prior to issuance of any Demolition, Grading, or Building Permit to implement this Design Review Approval the Owner or Applicant shall obtain a “Zoning Clearance” from the Community Development Director by submitting final plans for the requested permit to the 144 Resolution No. 13-028 Community Development Department for review to ascertain compliance with the requirements of this Resolution. 8. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance from the Community Development Director, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold Harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. B. COMMUNITY DEVELOPMENT 9. Compliance with Plans and Description of Use. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans and Description of Use, denominated Exhibit "A", and the Photo Simulations, denominated Exhibit “B, both received and dated July 1, 2013. All proposed changes to the Approved Plans and Description of Use must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with Condition A.3, above. 10. Harmonizing with Existing Structures. Prior to the installation of the proposed radome and accessory equipment, the radome and equipment shall be painted a color similar to the structure it’s being attached to. 11. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the Community Development Department Director or designee prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department and referenced in Condition No. B.9 above; b. This signed and dated Resolution printed onto separate construction plan pages; c. All additional drawings, plans, maps, reports, and/or materials required by the Building Division 145 Resolution No. 13-028 C. REQUIREMENTS OF OTHER AGENCIES OR UTILITIES 12. Federal Communications Commission (FCC) Verification. The applicant for this Project shall contact the FCC and verify whether there are any required permits from said Commission. If required by the FCC, prior to issuance of Zoning Clearance for any proposed equipment installations (or if none, prior to commencement of the approved use), the Owner and/or Applicant shall submit to the Community Development Department documentation from the FCC showing proof of compliance of the proposed use and/or development with the FCC's requirements. 13. Decommission. If the subject site is decommissioned in the future, all cellular antennas and related equipment shall be removed within 30 days of cessation of operation. 14. Governmental entities. All applicable requirements of the State, County, City and other Governmental entities, including the California Public Utilities Commission, must be met. 15. Emergency Access. The applicant shall provide a 24-hour phone number to which interference problems may be reported, and will resolve all interference complaints within 24 hours from the time the interference was reported. 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 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 14th day of August 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: PDR13-0013 / 12970 Glen Brae Drive APPLICANT/OWNER: Crown Castle on behalf of Sprint PCS APN: 389-03-002 DESCRIPTION: The applicant has requested to replace a six foot tall, 16 inch diameter radome housing three panel antennas on a 44 foot monopole with an eight foot tall, 32 inch diameter radome, housing three proposed panel antennas on a 42 foot monopole. The height of the proposed monopole (including the radome) will not exceed 50 feet. 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, August 5th 2013. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor’s office annually, in preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Michael Fossati Planner (408) 868-1212 180 Subject APN: 389-03-002 Address: 12970 Glen Brae Dr 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 181 Parcel Number Owner Name Owner Address Owner City, State Zip #5647 500' OWNERSHIP LISTING Prepared for: 12970 Glen Brae Dr 389-01-017 MICHAEL M & KATHERINE J GILBERT 12927 GLEN BRAE DR SARATOGA CA 95070 389-01-018 GEORGE A & CARMEL J THORN 12939 GLEN BRAE DR SARATOGA CA 95070 389-01-019 DANIEL M & MARGARET N CHAN 12949 GLEN BRAE DR SARATOGA CA 95070 389-01-020 PACIFIC GAS AND ELECTRIC CO 389-01-022 SOUTHERN PACIFIC TRANSPORTATION CO 389-02-001 SARATOGA CITY OF 389-02-002 CALIFORNIA STATE OF P.O.BOX 23440 OAKLAND CA 94623 389-02-006 ARTHUR S HOPKINS 19431 DE HAVILLAND CT SARATOGA CA 95070 389-02-012 SANDRA W & CLYDE W CHUN 19436 DEHAVILLAND CT SARATOGA CA 95070 389-02-013 EUGENE C LEE 19434 DEHAVILLAND CT SARATOGA CA 95070 389-02-014 PATRICIA A SALSMAN 19432 DEHAVILLAND CT SARATOGA CA 95070 389-02-015 LAN T DUONG 19430 DEHAVILLAND CT SARATOGA CA 95070 389-02-016 HONG-LEONG & LI LING HONG 19428 DEHAVILLAND CT SARATOGA CA 95070 389-02-017 PALLAVI BELKALE 19426 DEHAVILLAND DR SARATOGA CA 95070 389-02-018 ROSEMARIE JORGENSEN 19424 DEHAVILLAND DR SARATOGA CA 95070 389-02-019 SYED H & DEEBA YOUSUF 19412 DEHAVILLAND DR SARATOGA CA 95070 389-02-020 ASHOK KUMAR & SUNDARAMURTHY L GUNASEKARAN 19400 DEHAVILLAND DR SARATOGA CA 95070 389-02-021 SI WHAN & OH WON CHOI 19396 DEHAVILLAND DR SARATOGA CA 95070 389-02-022 CHUN T PAN 19378 DEHAVILLAND DR SARATOGA CA 95070 389-02-023 CHIACHEN & ZHU MINGJUAN CHANG 19356 DEHAVILLAND DR SARATOGA CA 95070 389-02-024 CHRISTINE K & FRANK T NGUYEN 19334 DEHAVILLAND DR SARATOGA CA 95070 389-02-025 EARL S & MARY E THYGESON 19312 DEHAVILLAND DR SARATOGA CA 95070 389-02-026 LANCE J & OLGA M AGEE 19294 DEHAVILLAND DR SARATOGA CA 95070 389-03-001 SOUTHERN PACIFIC TRANSPORTATION CO P.O.BOX 23440 OAKLAND CA 94623 389-03-002 SARATOGA CITY OF 389-03-003 CALIFORNIA STATE OF P.O.BOX 23440 OAKLAND CA 94623 389-04-023 RAYMOND K & DENISE K HUIE 5121 LE MICCINE TER SAN JOSE CA 95129 389-04-024 PAUL Y TSAI 19379 DEHAVILLAND DR SARATOGA CA 95070 389-04-025 CHENG FAMILY TR 19393 DEHAVILLAND DR SARATOGA CA 95070 389-04-026 ERNEST W & KARIN DUEMMLEIN 19411 DEHAVILLAND DR SARATOGA CA 95070 389-04-027 HSIAO-ING & LI-PENG CHOU 19422 DEHAVILLAND DR SARATOGA CA 95070 389-04-028 ANIL & SMEETA GUPTA 19444 DEHAVILLAND DR SARATOGA CA 95070 389-04-031 NORMAN L JOHNSON 19388 SHUBERT CT SARATOGA CA 95070 389-04-032 UDAYPAL & NUTAKKI LAVANYA AARKOTI 19376 SHUBERT CT SARATOGA CA 95070 389-05-001 STEVEN G & SINMEI DEGRANGE 13001 ANZA DR SARATOGA CA 95070 389-05-002 BEVERLY J KORBAY 13148 ANZA DR SARATOGA CA 95070 389-05-003 MEIR & LYNN A LEVI 13126 ANZA DR SARATOGA CA 95070 389-05-004 LAWRENCE R & ELIZABETH S BURGESS 13102 ANZA DR SARATOGA CA 95070 389-05-005 MINGTANG YIN 13527 TONI ANN PL SARATOGA CA 95070 389-05-006 JANG PING CHEN 13068 ANZA DR SARATOGA CA 95070 389-05-007 ZACCONE TRUST 13046 ANZA DR SARATOGA CA 95070 389-05-008 VIC & MALIKA KAUL 17541 CORBETTA LN LOS ALTOS CA 94022 389-05-009 KARLAK FAMILY REV INTV TRT 8/10/92 13000 ANZA DR SARATOGA CA 95070 389-05-023 S C V W D 5750 ALMADEN EXPY SAN JOSE CA 95118 389-10-007 S C V W D 5750 ALMADEN EXPY SAN JOSE CA 95118 389-10-008 CALIFORNIA STATE OF P.O.BOX 23440 OAKLAND CA 94623 389-10-010 STATE OF CALIFORNIA 13125 SARATOGA AVE SARATOGA CA 95070 389-10-011 STATE OF CALIFORNIA P.O.BOX 23440 OAKLAND CA 94623 389-10-012 SOUTHERN PACIFIC TRANSPORTATION CO P.O.BOX 23440 OAKLAND CA 94623 393-17-006 PACIFIC GAS AND ELECTRIC CO 393-18-011 RALPH H WOOD 19661 JUNIPERO WAY SARATOGA CA 95070 393-18-012 PETER & DORIS J VUTZ 19640 JUNIPERO WAY SARATOGA CA 95070 393-18-013 REED A PARKER 19660 JUNIPERO WAY SARATOGA CA 95070 393-20-008 BILL N WONG 13076 GLEN BRAE DR SARATOGA CA 95070 393-20-009 JOHN J KORANDA 19522 VIA REAL DR SARATOGA CA 95070 393-20-010 SRINIVASAN FAMILY TR 19500 VIA REAL DR SARATOGA CA 95070 393-20-011 DAN S & JUN W CHENG 19486 VIA REAL DR SARATOGA CA 95070 393-20-012 GREGORY R CRONIN 19474 VIA REAL DR SARATOGA CA 95070 393-20-013 YUHENG & YANG BAIZHENG ZHANG 19452 VIA REAL DR SARATOGA CA 95070 182 393-20-014 JING-MEI & HUNG KWEI HU 19430 VIA REAL DR SARATOGA CA 95070 393-20-015 SHYH-SHYONG & HUEY-CHING BAIR 19445 VIA MADRONAS CT SARATOGA CA 95070 393-20-016 ADRIANO D & FRANCINE L ROSSI 19447 VIA MADRONAS CT SARATOGA CA 95070 393-20-017 JOANN T MOW 19449 VIA MADRONAS CT SARATOGA CA 95070 393-20-018 CATHERINE PRENTICE 19451 VIA MADRONAS CT SARATOGA CA 95070 393-20-034 UTIT & SUPAWAN PIMSAKUL 174 CASTRO ST MOUNTAIN VIEW CA 94041 393-20-035 SELVI AL TR 13120 VIA MADRONAS DR SARATOGA CA 95070 393-20-036 MARGARET D MCCARTNEY 19381 VIA REAL DR SARATOGA CA 95070 393-20-037 STEPHEN Y & SARAH S HUNG 19403 VIA REAL DR SARATOGA CA 95070 393-20-038 SUBRAM & AKILA S NARASIMHAN 19425 VIA REAL DR SARATOGA CA 95070 393-20-039 ALFREDO A & SUSAN B BISMONTE 19437 VIA REAL DR SARATOGA CA 95070 393-20-040 LOIS M MCPHERSON 19449 VIA REAL DR SARATOGA CA 95070 393-20-041 FUJIO & HELEN YAMAUCHI 19471 VIA REAL DR SARATOGA CA 95070 393-20-042 JEN-TUNG & MARIA CHEN 19483 VIA REAL DR SARATOGA CA 95070 393-20-043 KUMAR VENKATRAMANI 19495 VIA REAL DR SARATOGA CA 95070 393-20-044 MICHAEL F CHRISTIAN 19517 VIA REAL DR SARATOGA CA 95070 393-20-045 KOTHANDAPANI RANGANATHAN 19529 VIA REAL DR SARATOGA CA 95070 393-20-046 SUKI J & JAHANGIR MOHAMMED 13010 GLEN BRAE DR SARATOGA CA 95070 393-20-048 CITY OF SARATOGA 5750 ALMADEN EXPRESS WAY SAN JOSE CA 95118 393-20-049 S C V W D 5750 ALMADEN EXPY SAN JOSE CA 95118 393-21-005 PACIFIC GAS AND ELECTRIC CO 393-21-006 PACIFIC GAS AND ELECTRIC CO 393-21-007 PACIFIC GAS AND ELECTRIC CO 393-21-011 S C V W D 5750 ALMADEN EXPY SAN JOSE CA 95118 393-21-013 PACIFIC GAS AND ELECTRIC CO P.O.BOX 23440 OAKLAND CA 94623 393-21-014 CITY OF SARATOGA 5750 ALMADEN EXPRESS WAY SAN JOSE CA 95118 393-21-015 S C V W D 5750 ALMADEN EXPY SAN JOSE CA 95118 393-21-016 CALIFORNIA STATE OF P.O.BOX 23440 OAKLAND CA 94623 393-21-017 UNION PACIFIC RAILROAD CO. P.O.BOX 23440 OAKLAND CA 94623 393-22-023 THOMAS H & LOREN J COOK 19329 VIA CRECENTE CT SARATOGA CA 95070 393-22-024 TODD PU-TSE & HSU I-WEN WANG 19331 VIA REAL DR SARATOGA CA 95070 393-22-025 JY KUANG LIN 19343 VIA REAL DR SARATOGA CA 95070 393-22-026 KATHLEEN WILHOIT 19355 VIA REAL DR SARATOGA CA 95070 393-22-027 WALTER J & JEANETTE B SIMMONS 19367 VIA REAL DR SARATOGA CA 95070 393-22-028 WILLIAM C & JOAN C ELHOFF 19379 VIA REAL DR SARATOGA CA 95070 393-22-029 OMID & ZAHRA GAINI 13124 VIA RANCHERO DR SARATOGA CA 95070 393-22-030 CHESTER T & LOUISE YU 19346 VIA REAL DR SARATOGA CA 95070 393-22-051 FRANK P & ANNA M CRIMI 13146 VIA RANCHERO DR SARATOGA CA 95070 393-22-052 MICHAEL D & EDITH M GIANSIRACUSA 13121 VIA RANCHERO DR SARATOGA CA 95070 393-22-053 CHIIMING & AILEEN C KAO 13143 VIA RANCHERO DR SARATOGA CA 95070 393-46-001 JOHN M & ROSE P SIMMONS 19568 CHARDONNAY CT SARATOGA CA 95070 393-46-002 ANDY PENG-PUI & JOAN FRANCIS CHAN 19546 CHARDONNAY CT SARATOGA CA 95070 393-46-003 STEPHEN S & NANCY C CHENG 19538 CHARDONNAY CT SARATOGA CA 95070 393-46-004 ERIC A & VIVIAN M BRACHER 19542 CHARDONNAY CT SARATOGA CA 95070 393-46-005 ANDREA BARON 19548 CHARDONNAY CT SARATOGA CA 95070 393-46-006 REED W LARSEN 19560 CHARDONNAY CT SARATOGA CA 95070 393-46-010 MUKTA & MUKHIJIA GULNEESH MUKHIJA 19569 CHARDONNAY CT SARATOGA CA 95070 393-46-011 SUNIL P & SHAILA S JOSHI 19551 CHARDONNAY CT SARATOGA CA 95070 393-46-012 HOREN & JENNY CHEN 19567 CHARDONNAY CT SARATOGA CA 95070 393-46-013 BYOUNG EUN & SANGMI AN 13049 GLEN BRAE DR SARATOGA CA 95070 393-46-014 WILLIAM G & BARBARA F GROTZINGER 13073 GLEN BRAE DR SARATOGA CA 95070 393-46-022 ALEXANDER & LING RU WANG 13034 VIA ESCUELA CT SARATOGA CA 95070 393-46-023 DAVID A LEE 13012 VIA ESCUELA CT SARATOGA CA 95070 389-08-001 DANIEL G BAXTER 19313 VINEYARD LN SARATOGA CA 95070 389-08-002 SANDRA C HULL 19314 VINEYARD LN SARATOGA CA 95070 389-08-003 KATHRYN A JONES 19416 VINEYARD LN SARATOGA CA 95070 389-08-004 KATE B & MICHAEL G ATKINSON 16 MADISON ST CONCORD NH 3301 389-08-005 KATHLEEN & PATEL ANISH HEVLAND 19421 VINEYARD LN SARATOGA CA 95070 389-08-006 CAROLE J LUNNY 19422 VINEYARD LN SARATOGA CA 95070 389-08-007 GALINA NAM 19424 VINEYARD LN SARATOGA CA 95070 389-08-008 NATHERA & KHALID A MAWLA 16167 GREENWOOD RD MONTE SERENO CA 95030 389-08-009 SHAWAREB FAMILY TR 19431 VINEYARD LN SARATOGA CA 95070 389-08-010 BARBARA J STURGES 19432 VINEYARD LN SARATOGA CA 95070 389-08-011 ELI J & MARY E BOGDANOVICH 20391 BLAUER DR SARATOGA CA 95070 389-08-012 JOHN L JENKINS 12450 BROOK GLEN DR SARATOGA CA 95070 183 389-08-013 KATHLEEN R SIUDZINSKI P O BOX 4002 LOS ALTOS CA 94024 389-08-014 ESPERANZA A CHIN 19419 VINEYARD LN SARATOGA CA 95070 389-08-015 ANTHONY P FLEMING 319 NORTH ST #6 HEALDSBURG CA 95448 389-08-016 JAVAD & DIANA GHASSEMI 19304 VINEYARD LN SARATOGA CA 95070 389-08-017 DEBORAH A MATHESON 19306 VINEYARD LN SARATOGA CA 95070 389-08-018 LINDA MENON 19309 VINEYARD LN SARATOGA CA 95070 389-08-019 FLEUR C KETTMANN 19406 VINEYARD LN SARATOGA CA 95070 389-08-020 SYLVIA G PHILLIPS 19408 VINE YARD SARATOGA CA 95070 389-08-021 LESLIE O MAGSALAYZELLER 19412 VINEYARD LN SARATOGA CA 389-08-022 MARGARET F GOKA 1360 HOLLENBECK AVE SUNNYVALE CA 94087 389-08-023 SAMI & AWATEF SHARAIHA 1033 SHELL BLVD #4 FOSTER CITY CA 94404 389-08-024 TAI-MING & HUEI TZENG 19311 VINEYARD LN SARATOGA CA 95070 389-08-025 JOHN N & MARGARET C POHLERS 19312 VINEYARD LN SARATOGA CA 95070 389-08-026 SUNIL & ARADHANA KAR 19413 VINEYARD LN SARATOGA CA 95070 389-08-027 CAROLE DIFILIPPI 19414 VINEYARD LN SARATOGA CA 95070 389-08-028 SUSAN & TAVELLA DOMINGO CHIU 329 SANTA ANA AVE SAN FRANCISCO CA 94127 389-08-029 ANTHONY R FISHER 19420 VINEYARD LN SARATOGA CA 95070 389-08-030 MARLEN WIGHTMAN 19423 VINEYARD LN SARATOGA CA 95070 389-08-031 MARY E MCCARRICK 5482 VENTENA PL CITRUS HEIGHTS CA 95610 389-08-032 BREVARD WILLIAMS 19429 VINEYARD LN SARATOGA CA 95070 389-08-033 GERARDO A & NILDA RETAMOSO 19430 VINEYARD LN SARATOGA CA 95070 389-08-034 ERGANG & LI BEI LIU 19307 VINEYARD LN SARATOGA CA 95070 389-08-035 JUDITH KLOCK 19401 VINEYARD LN SARATOGA CA 95070 389-08-036 JOAN C FREDERICK 19402 VINEYARD LN SARATOGA CA 95070 389-08-037 DANIEL N HOFFMAN 19403 VINEYARD LN SARATOGA CA 95070 389-08-038 MICHAEL B & JOSIE G GARCIA 19404 VINEYARD LN SARATOGA CA 95070 389-08-039 WILLIAM W & MARIKO T SULLIVAN 19409 VINEYARD LN SARATOGA CA 95070 389-08-040 JANINE T GARDNER 182 WEDGEWOOD AVE LOS GATOS CA 95032 389-08-041 NEYRAM HEMATI 20790 REID LN SARATOGA CA 95070 389-08-042 RANJINI S & SURESH VOBBILISETTY 19305 VINEYARD LN SARATOGA CA 95070 389-08-043 JOHN & KRISTINE L CORONEL 135 PAN TEMPO WAY HOLLISTER CA 95023 389-08-044 PARMINDER K MOROAK 19407 VINEYARD LN SARATOGA CA 95070 389-08-045 MONICA Y KAUHINI 7861 DICKENS WAY GILROY CA 95020 389-08-046 ROBERT A ENGLAND 19411 VINEYARD LN SARATOGA CA 95070 389-08-047 NORMAN E & PAMELA E MATTEONI PO BOX 3468 SARATOGA CA 95070 184 185 186 187 188 189 190 191 192 193 194