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HomeMy WebLinkAbout09-25-13 Planning Commission Agenda PacketTable of Contents Agenda 2 September 11, 2013 Draft Minutes 4 Application PDR13-0007 & VAR 13-0002; 14656 Sixth Street (517-08-003); Tom Tang / Farnaz Khadvi; The applicant requests approval to replace a non-conforming 618 square foot home with a new 3,048 square foot two-story home. The applicant is also requesting a variance for reduced front and second-story side yard setbacks. Staff Contact: Cynthia McCormick (408) 868-1230. Staff report 6 Resolution 16 neighbor forms 20 noticing 27 geotechnical clearance 35 plans 36 Application PDR13-0012; Saratoga Vista Avenue (393-33-025): Li / Timeline Design; The applicant requests approval to construct a new 3,368 square foot two-story home on a vacant lot. Staff Contact: Cynthia McCormick (408) 868-1230. staff report 49 Resolution 54 neighbor forms 58 noticing 62 plans 66 Application PDR13-0014; 1777 Saratoga Avenue (386-10-049); Ericsson for AT&T/Kato Enterprises LLC - The applicant is requesting Design Review approval to install three new antennas, three new remote radio units, and one Surge Protector Dome on an existing telecommunications monopole. Staff Contact: Christopher Riordan (408)868-1235 Staff Report 87 Attachment 1 - Resolution 90 Attachment 2 - Public Notice 94 Attachment 3 - Radio Frequency Report 95 Attachement 4 - Photo Simulations 118 Attachment 5 - Coverage Maps 121 Attachment 6 - Development Plans 127 1 AGENDA REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, September 25, 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 September 11, 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 PDR13-0007 & VAR 13-0002; 14656 Sixth Street (517-08-003); Tom Tang / Farnaz Khadvi; The applicant requests approval to replace a non-conforming 618 square foot home with a new 3,048 square foot two-story home. The applicant is also requesting a variance for reduced front and second-story side yard setbacks. Staff Contact: Cynthia McCormick (408) 868-1230. Recommended action: Adopt Resolution No. 13-031 approving the project subject to conditions of approval. 2. Application PDR13-0012; Saratoga Vista Avenue (393-33-025): Li / Timeline Design; The applicant requests approval to construct a new 3,368 square foot two-story home on a vacant lot. Staff Contact: Cynthia McCormick (408) 868-1230. Recommended action: Adopt Resolution No. 13-035 approving the project subject to conditions of approval. 3. Application PDR13-0014; 1777 Saratoga Avenue (386-10-049); Ericsson for AT&T/Kato Enterprises LLC - The applicant is requesting Design Review approval to install three new antennas, three new remote radio units, and one Surge Protector Dome on an existing telecommunications monopole. Staff Contact: Christopher Riordan (408)868-1235 2 Recommended action: Adopt Resolution No. 13-033 approving the project subject to conditions of approval. DIRECTOR/COMMISSION COMMUNICATION - Cancellation of Meetings: The Commission's second meeting in November is the same week as Thanksgiving and the second December meeting falls on Christmas day. Recommended Action: Cancel the November 27th and December 25th Planning Commission meetings. 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 September 19, 2013 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. You can also sign up to receive email notifications when Commission agendas and minutes have been added to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp. NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 3 ACTION MINUTES REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, September 11, 2013 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL Almalech, Bernald, Grover, Hlava, Walia & Zhao ABSENT Smullen APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of August 28, 2013(Approved with corrections (5:1(Bernald-abstained)) 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 MOD13-0008; 18870 Allendale Avenue (397-01-014) St. Archangel Michael Serbian Church - The applicant is requesting modifications to the conditions of their use permit related to permitted uses within the church facilities. Staff Contact: James Lindsay (408)868-1231 Action: Adopted Resolution No. 13-034 approving the modification with the following changes to the conditions of approval: (6:0) 6. Upon holding any and all prerequisite licenses or permits, the Church may prepare, and serve food to Church members, users and guests on the Church premises for a voluntary donation, but only if incidental to the Church's organized religious worship, education and objectives. The Church may not operate or advertise as a restaurant open to the public as defined in 4 Article 15-06 of the City Code. The Church shall have an on-site manager for any use of the hall present during the entire duration of the event. 17. Compliance with conditions of this Use Permit will be subject to a review by the Planning Commission at a noticed public hearing held in September 2014. 18. No commercial vehicle over sixteen feet in length shall be used for deliveries behind (on the east side of) the social hall. 19. [originally condition No. 18 but renumbered to No. 19] The Church shall indemnify, hold harmless and defend the City, its employees, agents, independent contractors and volunteers (collectively "City") from any and all costs and expenses, including but not limited to attorney's fees incurred by the City or held to be the liability of City in connection with City's defense in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the this Permit or contesting any action or inaction in the City's processing and/or approval of this Permit. 2. Application VAR13-0001,MOD13-0009; 20951 Canyon View Drive (503-28-008); Nader Sarnevesht - 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 applicant is also requesting approval of Design Review modifications that have been constructed but were not originally approved by the Planning Commission. Staff Contact: Christopher Riordan 408-868-1235 Action: Continue to the October 23, 2013 meeting. (6:0) NEW BUSINESS DIRECTOR/COMMISSION COMMUNICATION ADJOURNMENT 5 REPORT TO THE PLANNING COMMISSION Meeting Date: September 25, 2013 Application: Design Review & Variance PDR13-0007 / VAR 13-0002 Location / APN: 14656 Sixth Street / 517-08-003 Owner/Applicant: Tom Tang / Farnaz Khadvi Staff Planner: Cynthia McCormick, Planner, AICP 14656 SIXTH STREET Page 1 of 10 6 Summary PROJECT DESCRIPTION: The applicant requests approval to replace a non-conforming 618 square foot home with a new 3,048 square foot two-story home. The applicant is also requesting a variance for reduced front and second-story side yard setbacks. STAFF RECOMMENDATION: Adopt Resolution No. 13-031 approving the project subject to conditions of approval. Design review and Variance approval by the Planning Commission is required pursuant to City Code Sections 15-46.040 and 15-70.060. PROJECT DATA: Net Site Area: 4,500 SF Average Slope: Flat General Plan Designation: Residential Multi-Family (RMF) Zoning: Multi-Family (RM-3,000) Proposed Allowed/Required Site Coverage (other) Stairs Driveway Walkway ------------------------------------------------ Site Coverage (structures) Residential Structure 58 sq. ft. 243 sq. ft. 123 sq. ft. ------------------------------- 1,800 sq. ft. (40%) Maximum net site area covered by structures 1 is 1,800 SF (40%) Floor Area First Floor Garage: Second Floor Total Floor Area 1,385 sq. ft. 362.5 sq. ft. 1,301 sq. ft. 3,048.5 sq. ft. There are no floor area standards on Multi-Family zoned lots Height (Residence) Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: 99’ 101’ 100’ 126’2” (26’2”) Maximum Building Height is 30 Feet Setbacks See Table 4 below 1 “Structures” include buildings, retaining walls, decks, patios, pool, rec courts – but not driveway or walkway Application No. PDR 13-0007; 14656 Sixth Street / 517-08-003 Page 2 of 10 7 PROJECT HISTORY On August 28 2013, the applicant requested design review approval of a new 3,138 square foot two-story home and variance approval for reduced front and side yard setbacks. Following public testimony and feedback from the Planning Commission, the applicant requested a continuance to make design changes. The changes include reducing the floor area by 89.5 square feet, lowering the height by 1 foot, 10 inches, and adding a window to the left side of the home to break up the solid wall that can be seen from the street. SITE CHARACTERISTICS Site Description: The existing non-conforming home was built in 1920 2 and is located on a 4,500 square foot lot in the RM-3,000 zoning district. The standard site area of a lot in the RM-3,000 zoning district is 12,000 square feet with a minimum lot width of 100 feet and minimum lot depth of 115 feet. The standard site density is 3,000 square feet of lot area per dwelling unit (or 4 units on a 12,000 square foot lot). While the site area is substandard, the site density is conforming, as provided in Table 1. Table 1: Existing and Standard Lot Dimensions Existing Standard “Site Area” Standard “Site Density per dwelling unit” Lot Size 4,500 SF 12,000 3,000 SF Lot Width 45’ 100’ Lot Depth 100’ 115’ Neighborhood Description: The property is located near the downtown Village in the multi-family zoning district. One purpose of multi-family zoning is to “preserve as many of the desirable characteristics of single-family residential districts as possible, while permitting higher population densities.” There are four different zoning districts within 150 feet of the subject property. The home to the left is in the CH-2 zoning district. It is a designated Historic Landmark and is currently used as an office. It has non-conforming height, non-conforming setbacks, and non-conforming lot coverage as shown in Table 2. The property owner received a variance in 1986, allowing the home to be raised an additional two feet to allow underground parking. The setbacks did not change at that time. 2 The existing home is not listed on the Heritage Resource list Application No. PDR 13-0007; 14656 Sixth Street / 517-08-003 Page 3 of 10 8 Table 2 – Adjoining Property to the North (left side) 14650 6th Street Zoning Standard (CH-2 District) Lot Size 3 2,500 sq. ft. 7,500 sq. ft. Site Coverage 46.7% (determined 1986)Maximum 40% (structures) Floor Area 1,615 (712 + 903) No floor area standards Height 27.5’ Maximum 26 Feet Setbacks Front: 8 inches Left Side: 23 feet Right Side: 2 feet Rear: 6 inches Front: 15 feet Left Side: n/a Right Side: n/a Rear: 37 feet The home to the right is in the RM 3-000 zoning district. It is on a substandard lot and has non- conforming setbacks 4 as shown in Table 3. Table 3 - Adjoining Property to the South (right side) 14662 Sixth Street Zoning Standard (RM-3000 District) Lot Size 5,500 sq. ft. 12,000 sq. ft. Site Coverage ? % Maximum 40% Floor Area ~ 912 sq. ft. No floor area standards Height ~ 18 Maximum 30 Feet Setbacks Front: ~ 15 feet Left Side: ~ 6 feet Right Side: ~ 1 to 20 feet Rear: ~ 42 feet Front: 25 feet Left Side: ~ 7.5 feet Right Side: ~ 7.5 feet Rear: 37 feet Project Description: The 3,048.5 square foot two-story home has been designed in a traditional craftsman style including a front gabled roof, porch with tapered columns, recessed entry, and wood clapboard siding. The stained wood entry, stained wood garage doors, and tan colored siding help blend this home with the natural surroundings. The home’s mass has been minimized with simple and well-proportioned building elements including minimal second story eave lines. The stone veneer wainscoting and wrought-iron railing add human scale to the facade. As presented at the 3 The lot was subdivided in 1944 4 The home was built in 1918 but is not on the Heritage Resource List. No other city records could be found. Measurements were estimated by staff during a site visit. Application No. PDR 13-0007; 14656 Sixth Street / 517-08-003 Page 4 of 10 9 August 28th Public Hearing, the applicant previously made several design changes to reduce the perception of bulk and integrate the home into the neighborhood: 1. Removed four bay windows from the original design to reduce the perception of bulk 2. Changed the original design from Mediterranean to a more traditional style to better integrate with the neighborhood 3. Changed the exterior material from stucco to wood siding to integrate with the neighborhood 4. Changed the colors of the entry door, garage, and roof to better blend with the natural surroundings 5. Increased the second-story setbacks from six feet to seven feet and eight feet to minimize bulk 6. Decreased the size of the basement to minimize impacts to trees 7. Reoriented the lightwell to minimize impacts to trees Materials and Colors: Detail Colors and Materials Exterior Tan colored wood clapboard siding Window Trim White colored wood Wainscoting Limestone Buckeye cultured stone Front Door Dark Brown stained wood Garage Door Dark Brown stained wood Roof Dark Brown concrete composite tiles SETBACK VARIANCE DISCUSSION The standard front and rear yard setbacks on a multi-family lot are 25 feet while the side yard setback is 10% of the lot width. The rear setback on a non-conforming lot 5 is 20% of the lot depth, which is 20 feet for this property. There is no additional setback requirement for the second story of a two-story home in a multi-family district. However, City Code requires one additional foot for every two feet (or fraction thereof) of height over 14 feet. Thus, the standard second story side setback for the proposed 26.5 foot tall home is 11.5 feet (4.5 + 7)6 . The applicant is requesting a variance to reduce the front yard setback from 25 feet to 15 feet for the first story and 20 feet for the second story. A portion of the first story is setback is 38 feet from the front property line, and a portion of the second story is setback 43 feet from the front property line. The applicant is also requesting a variance to reduce the second story side yard setbacks from 11.5 feet to seven feet for the right-side and eight feet for the left-side. The required two-car garage represents approximately 59% of the home’s total frontage, pushing most of the home’s bedroom space to the second story. Off-street parking is essential for this property, given the narrow width of the street. The standard parking space depth is 18 feet per City Code Section 15-35.040(a). The distance from the edge of pavement to the front of the garage is approximately 22 feet. 5 City Code section 15-65.040 regulates side and rear setbacks on non-conforming lots. 6 26.5 feet is rounded up to 28 feet (2 foot increments) for purposes of determining setback. Application No. PDR 13-0007; 14656 Sixth Street / 517-08-003 Page 5 of 10 10 Table 4: Required and Proposed Setbacks Setbacks Proposed Required Front: Left Side: Right Side: Rear: 1st Story 15’ 6’ 6’ 20 2nd Story 20’ 2” to 43’ 8’ 7’ 1” to 19’ 21’ 5” to 23.5’ 1st Story 25 6’ 6’ 20 2nd Story 25 11.5’ 11.5’ 20 Edge of street: 22.25’ Surrounding properties are primarily substandard lots with non-conforming setbacks. The existing 618 square foot home is located approximately one foot from the left side property line and approximately 16 feet from the front property line. An inventory of six homes nearby the subject property with approximate height and setbacks is provided in Table 5. Table 6 includes lot size and floor area for the inventoried homes. Table 5: *Height and Setbacks of Nearby Homes Address (year built) Height Front Left Right Rear 20701 St. Charles Street 7 (1993) 24’10” 15’ 6’ interior 15’ street 18’4” 20705 St Charles Street 8 (2005) 26’ *~20’ 10’8” 10’4” *~20’ 20711 St Charles Street (2005) 26’ 25’ 17’9” (flag) 10’2” *~20’ 14706 6th Street 9 (1994) 21’2” 27’ 6’ 6’ 20’10” 14650 6th Street 10 (1895) 27’6” 0.75’ 23’ 2’ 0.5’ 14662 6th Street (1918) ~17’ ~15’ 6’ 1’ to 20’ 42’ 14656 6th Street (existing) (1920)~16’ 16’ 1’ 24’ 47’ 14656 6th Street (proposed) 15’ 6’ 6’ 20’ *approximately 20 foot setback between detached townhomes FLOOR AREA AND LOT COVERAGE DISCUSSION Multi-family residential districts do not have floor area standards. Floor area is controlled by lot coverage standards and setbacks. The applicant is proposing a 3,049 square foot home. If the home were to be built out to the required setbacks, the maximum floor area would be 3,025 square feet. The required setbacks are six feet for the first-story side, 11.5 feet for the second-story side, 25 feet for the front, and 20 feet for the rear. Thus, the buildable area under the required setbacks would be 55 feet by 33 feet (1,815 square feet) for the first story and 55 feet by 22 feet (1,210 square feet) for the second story for a total of 3,025 square feet. 7 Corner of 6th Street and Saint Charles 8 Detached townhome – located behind 20711 St. Charles Street which is also a townhome 9 R1-10,000 Zoning. Variance granted for reduced side setbacks and one-car garage 10 CH-2 District. Designated Historic Landmark. Lot subdivided in 1944. Currently used as an office. Application No. PDR 13-0007; 14656 Sixth Street / 517-08-003 Page 6 of 10 11 City Code allows a maximum 40% of the net site area to be covered by structures in the RM-3,000 zoning district. The definition of a "structure" includes buildings, retaining walls, decks, patios, swimming pools, and recreational courts (but not driveways or walkways). The project complies with the City’s lot coverage standards. Table 6: *Lot Size and **Floor Area of Nearby Lots Address (year built) Lot Size Floor Area / (FAR) Basement 20701 St Charles Street (1993) 5,000 SF 2,857 SF / (57%) 1,209 SF 20705 St Charles Street (2005) 5,666 SF 3,247 SF / (57%) 1,197 SF 20711 St Charles Street (2005) 5,666 SF 3,278 SF / (58%) 988 SF 14706 6th Street (1994) 3,049 SF 1,657 SF / (54%) 14650 6th Street (1895) 2,500 SF 1,615 SF / (65%) 14662 6th Street (1918) 5,500 SF 912 SF / (17%) 14656 6th Street (existing) (1920) 4,500 SF 618 SF / (14%) 14656 6th Street (proposed) 4,500 SF 3,138 SF / (70%) 1,306 SF * Lot sizes, floor areas, and setbacks are approximate Geotechnical Clearance: Geotechnical Clearance with conditions was granted on May 14, 2013 for the project based on review by the City Geotechnical Consultant. Trees: Arborist Clearance with conditions has been granted for the project per the Arborist Report dated July 17, 2013. Two coast live oaks are requested for removal to construct the project. Both trees meet the criteria allowing their removal. CalGreen Standards: The project meets the minimum CalGreen standards, as provided on page A1.3 of the development plans. Neighbor Notification and Correspondence: The property owner distributed notification forms to adjacent neighbors. Six neighbor notification forms were received by staff. A Public Notice was also sent to property owners within 500 feet of the site. Two neighbors felt the project would bring “value” to the neighborhood. One neighbor had concerns about the fireplace and privacy from second-story windows. This neighbor also had concerns about the proposed height blocking his views of the mountains. There is no fireplace proposed on the floor plans. The second story side facing windows have been designed with the minimize size necessary to allow light and air into second story bathrooms. The second story rear facing windows have been designed with the minimum size necessary to allow for light and air and proper egress from bedrooms. There will be a minimum of 21 feet of setback from rear facing second story windows to the rear property line and approximately 50 feet to the lodge located to the rear of the property. The home is located in a higher density zoning district and the height is consistent with the height of other structures in the vicinity. On August 21st, staff received additional correspondence from a neighbor who was opposed to the front yard setback variance and felt that the home to the right of the subject property should not be a reason to allow the variance. Application No. PDR 13-0007; 14656 Sixth Street / 517-08-003 Page 7 of 10 12 During the August 27th site visit, one neighbor from the property on the corner of 6th Street and St. Charles Street spoke in support of the project and requested that the two-car garage be approved to keep cars off the street. During the August 28th Public Hearing, three members of the public spoke. A neighbor from Oak Street felt that the garage was too close to the street and that there would not be enough room for a car to park in the driveway. This neighbor also asked that authentic materials be uses as opposed to faux rock or lumber. A neighbor from the same residence on Oak Street indicated that the front setback variance request was unnecessary and would detract from the ‘country feel’ of Saratoga. Another member of the public spoke on behalf of the project, indicating that the two-car garage would help get cars off the street. A survey of the street indicates that there is at least seven feet between the property and the edge of the street, providing a parking pad of approximately 22 feet between the garage and the edge of street. No additional comments have been brought to the City’s attention as of the writing of this staff report. FINDINGS Design Review Findings: The findings required for issuance of a Design Review approval pursuant to City Code Article 15- 46 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (a) Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color and appurtenances. Only one structure is being proposed. Therefore, this finding is not applicable. (b) Where more than one sign will be erected or displayed on the site, the signs shall have a common or compatible design and locational positions and shall be harmonious in appearance. No signs are being proposed. Therefore, this finding is not applicable. (c) Landscaping shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. The home has been designed to minimize impacts to existing trees. The landscaping has been designed with a minimum amount of turf for aesthetics accompanied by mulch to minimize water usage. Clusters of shrubs will add an attractive edge around the garage and driveway. This finding can be made in the affirmative. (d) Colors of wall and roofing materials shall blend with the natural landscape and be nonreflective. The dark brown stained wood entry, dark brown stained wood garage doors, brown tiled roof, and tan colored wood siding help blend this home with the natural surroundings. This finding can be made in the affirmative. Application No. PDR 13-0007; 14656 Sixth Street / 517-08-003 Page 8 of 10 13 (e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. The roof will be constructed of concrete composite tiles and no mechanical equipment will be located on the roof. This finding can be made in the affirmative. (f) The proposed development shall be compatible in terms of height, bulk and design with other structures in the immediate area. As provided in the staff report, the home is located in the multi-family zoning district. The home is surrounded by high density uses including a two-story condominium complex to the west and a lodge to the north. The home is also located adjacent to a 27 foot tall single-family home to the left and an approximately 17 foot tall single-family home to the right. Both of these homes are designed with clapboard siding similar in style to the proposed project. The proposed setbacks are also similar to the setbacks provided on the adjacent properties, in that the setback along the southeast property line is six feet for both properties and the setback along the northwest property line is 6 feet for the subject property and 2 feet for the adjacent property. The home’s mass has been minimized with simple and well-proportioned building elements including plate heights and second story eave lines. The stone veneer wainscoting and wrought-iron railing add human scale to the facade. This finding can be made in the affirmative. Variance Findings: Pursuant to City Code Section 15-70.060, the Planning Commission is empowered to grant variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships that would result from a strict or literal interpretation and enforcement of certain zoning regulations. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon. The Applicant has met the burden of proof required to support the application for a variance as set forth below. (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. City code requires properties in the RM-3000 zoning district to have a 100 foot width and a 115 foot depth. The subject property has a substandard width of 45 feet and a substandard depth of 100 feet. The required setbacks on this substandard lot is 25 feet in the front, 20 feet in the rear, six feet for the first story side yard, and 11.5 feet for the second story side yard. The applicant is requesting a variance to reduce the front yard setback to 15 feet for the first story and 20 feet for the second story. The applicant is also requesting a variance to reduce the second story side yard setbacks to seven feet for the right-side and eight feet for the left side. The required two-car garage represents approximately 59% of the home’s total frontage, pushing most of the home’s bedroom space to the second story. Off-street parking is essential for this property, given the narrow width of the street. The standard parking space depth is 18 feet per City Code Section 15-35.040(a). The distance from the edge of pavement to the front of the garage is approximately 22 feet. This finding can be made in the affirmative. Application No. PDR 13-0007; 14656 Sixth Street / 517-08-003 Page 9 of 10 14 Application No. PDR 13-0007; 14656 Sixth Street / 517-08-003 Page 10 of 10 (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 requested variance is consistent with other homes on the same street and with other homes on non-conforming lots in the multi-family zoning district. The proposed front yard setback is generally consistent with the existing front yard setback of the home to be replaced and the homes on either side of the property. The proposed 6 foot left yard setback is an improvement over the existing one foot setback and the proposed 6 foot right setback is consistent with the adjacent setback of the home to the right. 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 requested setback variance will not create any health or safety impacts. The proposed home will replace a dilapidated structure, thus improving the welfare of the street and the neighborhood in general. The home will accommodate a larger family within a single-family dwelling, consistent with the purpose of the multi-family zoning district. The proposed setbacks will help accommodate a two-car garage, providing off-street parking on a narrow street. The proposed home is 3.5 feet lower in height than the allowed maximum, minimizing its visual impact. A portion of the first story is setback is 38 feet from the front property line, and a portion of the second story is setback 43 feet from the front property line. 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. STAFF RECOMMENDATION: Adopt Resolution No. 13-031 approving the project, subject to conditions of approval. ATTACHMENTS: 1. Resolution of Approval 2. Neighbor Notification Forms 3. Public Hearing Notice, Mailing Addresses for Project Notification 4. Geotechnical Clearance 5. Development Plans (Exhibit "A") 15 RESOLUTION NO: 13-031 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING AN APPLICATION FOR DESIGN REVIEW OF A NEW TWO-STORY SINGLE-FAMILY DWELLING IN THE MULTI-FAMILY ZONING DISTRICT AND A VARIANCE FOR REDUCED SETBACKS LOCATED AT 14656 SIXTH STREET SARATOGA CA 95070 WHEREAS, on April 22, 2013, an application was submitted by Yuanhua Tom Tang requesting Design Review approval for a new two-story single-family dwelling. The applicant is also requesting a variance for reduced setbacks in the front and side yards. The new home would be 3,138 square feet in area and 28 feet in height. The 4,500 square foot sub-standard lot is located in the RM-3,000 multi-family zoning district. Two protected trees are requested to be removed to construct the project. (APN 517-08-003). 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 28, 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. WHEREAS, the August 28, 2013 public hearing was continued until September 25, 2013 for further consideration 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 16 Resolution No. 13-031 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 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 project is consistent with the required design review findings in that landscaping will integrate and accommodate existing trees and vegetation to be preserved; landscaping will make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; landscaping will be clustered in natural appearing groups to the maximum extent feasible; colors of wall and roofing materials will blend with the natural landscape and be nonreflective; roof materials will be wood shingles, wood shakes, tile, or other materials; no mechanical equipment will be located upon the roof; and the home will be compatible in terms of height, bulk and design with other structures in the immediate area. Section 6: The City of Saratoga Planning Commission hereby approves VAR13-0002 AND PDR13-0007 located at 14656 Sixth Street 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 25th day of September 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 17 Resolution No. 13-031 Exhibit 1 CONDITIONS OF APPROVAL VAR13-0002 & PDR13-0007 14656 SIXTH STREET (APN 517-08-003) 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. 18 Resolution No. 13-031 In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. 5. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A", and as conditioned below. All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with City Code. 6. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department. b. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. c. This signed and dated Resolution printed onto separate construction plan pages. d. The most current Arborist Report printed onto separate construction plan pages. e. 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. 7. The owner/applicant shall agree to all conditions required by the Saratoga Building Department. 8. The owner/applicant shall agree to all conditions required by the City Engineer, as applicable. 9. The owner/applicant shall agree to all conditions required by the City Arborist, as applicable, prior to issuance of building permits. 10. The owner/applicant shall agree to all conditions required by the Santa Clara County Fire Department, as applicable. 11. The owner/applicant shall agree to all conditions required by the Sewer District, as applicable, prior to issuance of building permits. 19 20 21 22 23 24 25 26 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, August 28 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: PDR13-0007 / VAR 13-0002 OWNER/APPLICANT: Tom Tang / Farnaz Khadvi ADDRESS/APN: 14656 Sixth Street Saratoga, CA 95070 / 517-08-003 PROJECT DESCRIPTION: The applicant is requesting Design Review approval for a new two-story single-family dwelling. The applicant is requesting a variance for a 58 square foot increase in lot coverage and reduced setbacks in the front, rear, and side. The new home would be 3,138 square feet in area and 28 feet in height. The 4,500 square foot sub-standard lot is located in the RM-3,000 multi-family zoning district. Two protected trees have received clearance for removal to construct the project. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission, you may be limited to raising only those issues you or someone else raised at the Public Hearing. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor’s office annually, in preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Cynthia McCormick, Planner, AICP (408) 868-1230 27 Subject APN: 517-08-003 Address: 14656 6TH STREET 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 28 Memorandum of Geotechnical Clearance Conditions Page 1 of 1 MEMORANDUM TO: Cynthia McCormick, Project Planner, Community Development Department CC: Yuanhua Tom Tang (Owner) / Farnaz Khadiv (Applicant) FROM: Iveta Harvancik, Senior Engineer SUBJECT: Geotechnical Clearance Conditions for GEO13-0004 at 14656 Sixth Street DATE: May 14, 2013 1. The Project Geotechnical Engineer shall review and approve all geotechnical aspects of the final development plans (i.e., site preparation and grading, site drainage improvements and design parameters for building foundations) to ensure that the plans, specifications and details accurately reflect the consultants’ recommendations. The consultant shall review geotechnical design aspects of proposed shoring plans for the basement excavation. The results of the plan review shall be summarized by the Project Geotechnical Engineer in a letter(s) and submitted to the City Engineer for review prior to issuance of building permits. 2. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The consultant shall periodically inspect ground adjacent to the basement excavation for signs of instability. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundation construction prior to placement of fill, steel and concrete. A final geotechnical inspection shall be completed of project drainage improvements. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter(s) and submitted to the City Engineer for review and approval prior to Final (as-built) Project Approval. 3. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant’s review of the project prior to Zone Clearance. 4. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 REPORT TO THE PLANNING COMMISSION Meeting Date: September 25, 2013 Application: Design Review PDR13-0012 Location / APN: Saratoga Vista Avenue / 393-33-025 Owner/Applicant: Li / Timeline Design Staff Planner: Cynthia McCormick, Planner, AICP Saratoga Vista Avenue Page 1 of 5 49 Summary PROJECT DESCRIPTION: The applicant requests approval to construct a new 3,368 square foot two- story home on a vacant lot. STAFF RECOMMENDATION: Adopt Resolution No. 13-035 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: 12,611 SF Average Slope: 1.38% General Plan Designation: Medium Density Residential (M-10) Zoning: Single-Family Residential (R1-10,000) Proposed Allowed/Required Site Coverage Residential Footprint Driveway Walkway / Decks 2,220 sq. ft. 875 sq. ft. 1,798 sq. ft. 4,593 sq. ft. (21.37%) 60% Maximum Floor Area First Floor & Porch Second Floor Garage: Total Floor Area 1,787 sq. ft. 1,448 sq. ft. 433 sq. ft. 3,668 sq. ft. 3,710 sq. ft. Maximum Height (Residence) Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: 97.4’ 109.6’ 103.4’ 124.5’ (21.1’) 26 feet Maximum Setbacks Front: Left Side: Right Side: Rear: 1st Story 27’3” 15’2” 14’2” 60’5’ 2nd Story 33’9” – 50’ 15’2” 17’8” 69’2” 1st Story 25’ 10’ 10’ 25 2nd Story 25’ 15’ 15’ 35 Application No. PDR 13-0012; Saratoga Vista Ave / 393-33-025 Page 2 of 5 50 SITE CHARACTERISTICS Site Description: The 12,611 square foot vacant lot is located in a transitioning neighborhood of single-story and two-story homes. The lot is approximately 20 percent larger than the standard for the zoning district but is similar in size and dimension as the lot to the right and the two lots across the street. The two lots to the left are similar in gross site area but are narrower and deeper than the subject lot. The homes to the left and right of the subject property are single story while the two homes across the street are two-story. Project Description: The 3,368 square foot two-story home has been designed in a “California Colonial” style with Spanish Colonial Revival elements. The façade includes a single-story porch and entry supported by classic columns. The second story is setback from the front of the home, reducing its perceived bulk from the street. The design includes dormers that are in keeping with the style and allow light into the stairwell. Privacy impacts are kept to a reasonable minimum by limiting the number of windows on the right side of the home and limiting the size of the widows on the left side of the home. The applicant has redesigned the project in response to staff comments regarding bulk and privacy, as follows: 1. Minimized privacy impacts by increasing the window sill height from two to five feet and decreasing the overall size of five windows on the left side of the home 2. Minimized the façade bulk by changing the pediment style gables to a more simplified gable 3. Replaced the craftsman style tapered columns and stone base with simple square columns 4. Removed a bay window from the front elevation Materials and Colors: Detail Colors and Materials Exterior Tan colored stucco with ivory colored trim Window Trim White colored vinyl Wainscoting Tan and brown colored cultured stone Front Door Mahogany colored fiberglass Garage Door Tan colored metal Roof Brown concrete composite tiles CalGreen Standards: The project meets the minimum CalGreen standards and exceeds the California Energy Code requirements by at least 15%. The project also includes energy efficient appliances and plans for a future photovoltaic system. Neighbor Notification and Correspondence: The property owner distributed notification forms to 10 adjacent neighbors. Two neighbor notification forms were received by staff. A Public Notice was also sent to property owners within 500 feet of the site. One neighbor to the left (front) of the property had a concern about privacy. The applicant reduced the size and sill height of the windows on the left side of the property to minimize privacy impacts Application No. PDR 13-0012; Saratoga Vista Ave / 393-33-025 Page 3 of 5 51 to the two properties to the left. In addition to privacy impacts, the other neighbor to the left (rear) had concerns about site drainage and the fence between the two properties. City staff met with the neighbor who asked for a description of site drainage, as follows. The site has an average slope of approximately 1.4%, sloping from east to west and from northeast to southwest. An existing retaining wall is located on the highest portion of the lot to the east and several trees line the western and northern property lines. A two foot wide by six inch deep drainage swell is proposed along the western boundary of the lot where the site naturally drains. A storm drain collects runoff from the swale and connects to a bubble-up dissipater towards the front of the property. FINDINGS Design Review Findings: The findings required for issuance of a Design Review approval pursuant to City Code Article 15- 45 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (a) The project avoids unreasonable interference with views and privacy. The project meets this finding. The home has been sited towards the front of the property, increasing the size of the rear yard and thus minimizing view impacts for a large portion of the lot. The proposed height is almost five feet less than required by code, further minimizing view impacts. Privacy impacts are minimized by designing the most impactful second story windows with five foot sill heights. Larger windows are setback further from adjacent properties, reducing their impact. (b) The project preserves the natural landscape. The project meets this finding. No trees are proposed for removal. A minimal amount of cut and fill is needed to develop a pad for the home. The front yard landscape design will complement the neighborhood streetscape and includes drought tolerant plants. (c) The project preserves protected, native and heritage trees. The project meets this finding in that no heritage or native trees are proposed for removal. (d) The project minimizes the perception of excessive bulk. The project meets this finding in that the mass of the home is minimized by designing the height to be approximately five feet lower than allowed by code, setting the first story further away from the side property line than required, setting a large portion of the second story much further back than required by code, and offsetting the garage to minimize its presence on the street. (e) The project is of compatible bulk and height. The project meets this finding in that the home is located in a transitioning neighborhood of one and two-story homes. The proposed height is below that required by code but similar to the height of the two newer homes across the street. The size and massing of the home is also similar to the two homes across the street. The large rear setback will minimize interference with solar access, and with light and air to adjacent properties. Application No. PDR 13-0012; Saratoga Vista Ave / 393-33-025 Page 4 of 5 52 Application No. PDR 13-0012; Saratoga Vista Ave / 393-33-025 Page 5 of 5 (f) The project uses current grading and erosion control methods. Site development minimizes grading. The Project is conditioned to conform to the City’s current grading and erosion control standards and comply with applicable NPDES Standards. (g) The project follows appropriate design policies and techniques. The project meets this finding. The proposed design minimizes the perception of bulk by minimizing the building height (Policy 1, Technique 4), integrating the structure with the environment by maintaining existing mature trees on the property (Policy 2, Technique 3), avoiding interference with privacy by controlling views to adjacent properties (Policy 3, Technique 1), preserving views and access to views by locating the structure to minimize view blockage (Policy 3, Technique 1), and is designed for energy efficiency by allowing light, air, and solar access to adjacent homes (Policy 5, Technique 3). Environmental Determination: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. STAFF RECOMMENDATION: Adopt Resolution No. 13-035 approving the project, subject to conditions of approval. ATTACHMENTS: 1. Resolution of Approval 2. Neighbor Notification Forms 3. Public Hearing Notice, Mailing Addresses for Project Notification 4. Development Plans (Exhibit "A") 53 RESOLUTION NO: 13-035 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING AN APPLICATION FOR DESIGN REVIEW OF A NEW TWO-STORY SINGLE-FAMILY DWELLING LOCATED ON A VACANT LOT ON SARATOGA VISTA AVENUE (393-33-025) SARATOGA CA 95070 WHEREAS, on June 18, 2013, an application was submitted by Timeline Design on behalf of Hailin and Xue Li requesting Design Review approval for a new two-story single- family dwelling. The new home would be 3,668 square feet in area and 21 feet, one inch in height. The 12,611 square foot lot is located in the R1-10,000 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 September 25, 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 design review findings in that the project avoids unreasonable interference with views and privacy; preserves the natural landscape, native and heritage trees; minimizes the perception of excessive bulk; is of compatible bulk and height; uses current grading and erosion control methods; and follows appropriate design policies and techniques. 54 Resolution No. 13-035 Section 5: The City of Saratoga Planning Commission hereby approves PDR13-0012 located on a vacant lot on Saratoga Vista 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 25th day of September 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 55 Resolution No. 13-035 Exhibit 1 CONDITIONS OF APPROVAL PDR13-0012 SARATOGA VISTA AVENUE (393-33-025) 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. 56 Resolution No. 13-035 5. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A", and as conditioned below. All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with City Code. 6. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department. b. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. c. This signed and dated Resolution printed onto separate construction plan pages. d. The 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. 7. The owner/applicant shall agree to all conditions required by the Saratoga Building Department. 8. The owner/applicant shall agree to all conditions required by the City Engineer, as applicable. 9. The owner/applicant shall agree to all conditions required by the City Arborist, as applicable, prior to issuance of building permits. 10. The owner/applicant shall agree to all conditions required by the Santa Clara County Fire Department, as applicable. 11. The owner/applicant shall agree to all conditions required by the Sewer District, as applicable, prior to issuance of building permits. 57 58 59 60 61 CITY OF SARATOGA Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1222 NOTICE OF PUBLIC HEARING The City of Saratoga’s Planning Commission announces the following public hearing on: Wednesday, September 25 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: PDR13-0012 OWNER/APPLICANT: Saratoga Vista, LLC / Timeline Design ADDRESS/APN: vacant lot Saratoga Vista Ave in Saratoga, CA 95070 / 393-39-025 PROJECT DESCRIPTION: The applicant is requesting Design Review approval for a new two-story single-family dwelling on a vacant lot. The new home would be 3,679 square feet in area and 25 feet, one inch in height. The proposal conforms to the city’s standards for height, setbacks, floor area, and lot coverage. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission, you may be limited to raising only those issues you or someone else raised at the Public Hearing. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor’s office annually, in preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Cynthia McCormick, Planner, AICP (408) 868-1230 62 Subject APN: 393-39-025 Address: 13580 SARATOGA VISTA 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 63 Parcel Number Owner Name Owner Address Owner City, State Zip #5635 500' OWNERSHIP LISTING Prepared for: 13580 Saratoga Vista Ave 393-34-001 ROGER CHIH-CHUNG & FONG NING WANG 20095 THELMA AVE SARATOGA CA 95070 393-34-002 MARILYN A MASON 20115 THELMA AVE SARATOGA CA 95070 393-34-003 PERCY R & NINA P ARIA 20133 THELMA AVE SARATOGA CA 95070 393-34-004 NIM-CHO & HOI-KUEN CHAN LAM 20151 THELMA AVE SARATOGA CA 95070 393-34-005 JAMES J & DESIREE E HURTAK 20169 THELMA AVE SARATOGA CA 95070 393-34-006 USHA & SURESH BELANI 11645 PUTTER WAY LOS ALTOS CA 94024 393-34-007 ROBERT P HA 20201 THELMA AVE SARATOGA CA 95070 393-34-008 JOHN S & NANCY G FELCH 20221 THELMA AVE SARATOGA CA 95070 393-34-018 EVELYN F TANNER 13494 ALDER CT SARATOGA CA 95070 393-34-024 CHAKRABORTY TRUST 13477 BRIAR CT SARATOGA CA 95070 393-34-025 HARITHA & REDDY L RACHAMALLU 13495 BRIAR CT SARATOGA CA 95070 393-34-026 PAUL C & DAVINA M MORGAN-WITTS 13494 BRIAR CT SARATOGA CA 95070 393-34-027 CARY A & DEBORAH S COUTANT 13478 BRIAR CT SARATOGA CA 95070 393-34-032 DAVID & ALICE PATRICK 13479 BEAUMONT AVE SARATOGA CA 95070 393-34-033 TERRY & SHENG-JUI JENG 13495 BEAUMONT AVE SARATOGA CA 95070 393-35-014 JEN JANET TR 13515 HOWEN DR SARATOGA CA 95070 393-35-015 ADELHEID E IRVIN 990 BENITO CT PACIFIC GROVE CA 93950 393-35-016 TIMOTHY T DING 13545 HOWEN DR SARATOGA CA 95070 393-35-017 FARACO W & MARY L G 13561 HOWEN DR SARATOGA CA 95070 393-35-018 JOSEPH CHUNG YAN & FONG SHIN LUNG 13575 HOWEN DR SARATOGA CA 95070 393-35-019 JACK D & ANNETTE C STRANSKY 13591 HOWEN DR SARATOGA CA 95070 393-35-020 JIALIN & XU HAIHONG ZHOU 13595 HOWEN DR SARATOGA CA 95070 393-35-021 KATTUMADAM FAMILY TR 13610 BEAUMONT AVE SARATOGA CA 95070 393-35-022 MARK HARWOOD 6350 SNELL AVE SAN JOSE CA 95123 393-35-023 MARY H ROBERTS 4738 ANNADEL HEIGHTS RD SANTA ROSA CA 95405 393-35-024 JUNGHAE & LAU ALBERT CHOI 13550 BEAUMONT AVE SARATOGA CA 95070 393-35-025 ZITA C & DAVID W LASSER P O BOX 1816 POULSBO WA 98370 393-35-026 HAROLD B & CAROLYN H STAFF 13530 BEAUMONT AVE SARATOGA CA 95070 393-35-027 JOHNNY C & ROSE M MUSSER 694 HARBOR COVE LN SANTA CRUZ CA 95062 393-35-029 HENRY M & HELGA GLADNEY 20044 GLEN BRAE DR SARATOGA CA 95070 393-38-005 NAGESH & UMA SREEDHARA 13618 HOWEN DR SARATOGA CA 95070 393-38-006 MILLER FAMILY TR 13590 HOWEN DR SARATOGA CA 95070 393-38-007 SANGAM DILIP TR/TR 13574 HOWEN DR SARATOGA CA 95070 393-38-008 BRENDA M & PATRICK J SHASBY 13560 HOWEN DR SARATOGA CA 95070 393-38-009 CHENG-KO JACOB SUN 20010 BRAEMAR DR SARATOGA CA 95070 393-39-007 LEBIN & CHEN YU CHENG 20224 FRANKLIN AVE SARATOGA CA 95070 393-39-008 MARTIN B FENSTER 20667 ASHLEY WAY SARATOGA CA 95070 393-39-009 JIABIN & QI HONG ZHAO 20196 FRANKLIN AVE SARATOGA CA 95070 393-39-010 HUANG DAISY DINGJIE TR 20184 FRANKLIN AVE SARATOGA CA 95070 393-39-011 SHARI TOUGAS 126 BIDDLEFORD CT SAN JOSE CA 95139 393-39-012 TIMOTHY M & KEVIN T DONOHOE 20217 FRANKLIN AVE SARATOGA CA 95070 393-39-013 ELAINE P LINDERS PO BOX 632 DEER PARK WA 99006 393-39-014 YUNG-CHAO & CHAO-ZOON CHUANG 20240 THELMA AVE SARATOGA CA 95070 393-39-015 CUONG ANH DO PHAM 20220 THELMA AVE SARATOGA CA 95070 393-39-016 WEN WEI 20202 THELMA AVE SARATOGA CA 95070 393-39-017 SRINIVASAN V & HEMA C GARGEYA 20188 THELMA AVE SARATOGA CA 95070 393-39-018 YITMIN & NG ROSE LIANG 20170 THELMA AVE SARATOGA CA 95070 393-39-019 JEHYOUNG & YUN HYUNJEONG LEE 13555 SARATOGA VISTA AVE SARATOGA CA 95070 393-39-020 MAJID & ZARI MOHAZZAB 13581 SARATOGA VISTA AVE SARATOGA CA 95070 393-39-021 HELEN H XU 13591 SARATOGA VISTA AVE SARATOGA CA 95070 393-39-022 GREGORY S MATHEWS 13611 SARATOGA VISTA AVE SARATOGA CA 95070 393-39-023 HENRY & SHUM JENNY KWONG 20088 SARATOGA VISTA CT SARATOGA CA 95070 393-39-024 YANJIE TANG 13590 SARATOGA VISTA AVE SARATOGA CA 95070 393-39-025 XUE LI 13590 SARATOGA VISTA SARATOGA CA 95070 64 393-39-026 RAVINDRA & SEEMA PRABHAKAR 20130 THELMA AVE SARATOGA CA 95070 393-39-027 CHUNG TING & LO SHAU-PING YAO 20112 THELMA AVE SARATOGA CA 95070 393-39-028 ROBERT E & JERI ROLLIN 13551 BEAUMONT AVE SARATOGA CA 95070 393-39-029 KOU TRUST 13571 BEAUMONT AVE SARATOGA CA 95070 393-39-030 GORDEN E & LINDA D BARRETT 13591 BEAUMONT AVE SARATOGA CA 95070 393-39-031 WAI FAN KOOK 13611 BEAUMONT AVE SARATOGA CA 95070 393-42-026 EVGENI & GOUSSEVA NATALIA GOUSEV 20205 SARATOGA VISTA CT SARATOGA CA 95070 393-42-027 BETTY WEI-CHING CHANG 12891 ABERDEEN CT SARATOGA CA 95070 393-43-001 PEGGY CHEN 13631 BEAUMONT AVE SARATOGA CA 95070 393-43-002 STEPHEN T & NG PAULINE LAM 13651 BEAUMONT AVE SARATOGA CA 95070 393-43-003 SHARON HUANG 13671 BEAUMONT AVE SARATOGA CA 95070 393-43-019 THOMAS J & VINCENTA G WYANT 13682 SARATOGA VISTA AVE SARATOGA CA 95070 393-43-020 GEORGIA COOPER 13664 SARATOGA VISTA AVE SARATOGA CA 95070 393-43-021 JUI-LONG & WANG MEI-WEN LIU 13658 SARATOGA VISTA AVE SARATOGA CA 95070 393-43-022 ANGOOD JOHN B TR/TR 20101 SARATOGA VISTA CT SARATOGA CA 95070 393-43-023 HAIYUN & ZHANG NING TANG 13645 SARATOGA VISTA AVE SARATOGA CA 95070 393-43-024 LIU TRUST 13659 SARATOGA VISTA AVE SARATOGA CA 95070 393-43-025 JONATHAN L HSU PO BOX 2189 SARATOGA CA 95070 393-43-042 LUPE & BARBARA S RODRIGUEZ P.O. BOX 3563 SARATOGA CA 95070 393-43-043 JOHN A & VALERIE KLOBE 13648 CAMINO RICO SARATOGA CA 95070 393-44-010 LECHIE & BEI-HWA LIN 13670 BEAUMONT AVE SARATOGA CA 95070 393-44-011 LUCERN & KING-LAN MA 10205 PASADENA AVE CUPERTINO CA 95014 393-44-012 SALTER ROBERT M 3 AND ELAINE 13630 BEAUMONT AVE SARATOGA CA 95070 393-44-013 NANCY H TRAPP 20035 SARATOGA VISTA CT SARATOGA CA 95070 393-44-014 YUNG FENG & LILI WANG KAO 13649 HOWEN DR SARATOGA CA 95070 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 REPORT TO THE PLANNING COMMISSION Meeting Date: September 25, 2013 Application: Design Review PDR13-0014 Location / APN: 1777 Saratoga Avenue / 386-10-049 Applicant/Owner Ericsson for AT&T / Kato Enterprises LLC Staff Planner: Christopher Riordan, AICP 1777 Saratoga Avenue 87 Summary PROJECT DESCRIPTION: The applicant is requesting Design Review approval to install three new antennas, three new remote radio units, and one Surge Protector Dome on an existing telecommunications monopole. The project also includes the installation of a new DC Power Plant equipment cabinet on a new concrete pad which would be contained in an existing ground level fenced enclosure. STAFF RECOMMENDATION: Adopt Resolution No. 13-033 approving the project subject to conditions of approval. PROJECT DATA: General Plan Designation: Medium Density Residential Zoning: Professional Administrative Design Review approval is required pursuant to City Code Article 15-44. PROJECT DESCRIPTION AND SITE CHARACTERISTICS Site Description: The site is located at 1777 Saratoga Avenue on a triangular shaped parcel located between Lawrence Expressway, Saratoga Avenue, and Prospect Road. The property is currently occupied by a 66 foot tall monopole and antenna that extends the monopole to a height of approximately 67 feet. The existing monopole also includes antenna facilities from other service providers. An existing six foot tall fence surrounds the ground level equipment cabinets and partially screens their appearance from offsite views. Project Description: The project would include the removal and replacement of the three existing “T-Arms” that anchor the six existing AT&T panel antennas to the monopole. Each of the three new T-Arms would support two of the existing antennas including a new LTE Panel Antennas for a total of three antennas mounted to each T-Arm. Mounted behind each of the three new LTE antennas would be new remote radio units (RRU’s). A new Surge Protector Dome would be mounted to one of the T-Arms and behind the antennas. The project also includes the installation of a new DC Power Plant equipment cabinet on a new concrete pad which would be contained in the existing ground level fenced enclosure. The new antennas are proposed to increase “4G” capacity, not coverage area. Radio Frequency (RF) Analysis: The applicant has provided a Radio Frequency (RF) Analysis which concludes that the proposed telecommunications facility will comply with the FCC’s current prevailing standard for limiting human exposure to RF energy, and no significant impact on the general public is expected. Neighbor Notification and Correspondence: Public Hearing Notices sent to all property owners within 500 feet of the site. No comments have been received by staff as of the writing of this staff report. Page 2 of 3 88 Page 3 of 3 FINDINGS Design Review Findings: The findings required for issuance of a Design Review approval pursuant to City Code Article 15- 44.025 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (a) That the wireless telecommunications facility is or can be co-located with another wireless telecommunications facility located on a structure or an existing utility pole/tower in the public right of way unless the applicant has demonstrated that such location is not technically or operationally feasible. This finding can be made in the affirmative because the wireless telecommunication facility will be co-located with other service providers on an existing monopole. (b) That the wireless telecommunication facility and related structures incorporate architectural treatments and screening to substantially include (1) appropriate and innovative stealth design solutions; (2) techniques to blend with the surrounding environment and predominant background; (3) colors and materials that are non-reflective; (4) exterior textures to match the existing support structure or building; and (5) reasonably compatible height with the existing surrounding environment. This finding can be made in the affirmative. The wireless telecommunication facility will be co-located with other service providers, thus eliminating the need for a new separate facility and reducing the visual impact on surrounding properties. The existing monopole will not increase in height. The proposed antennas are similar in design to existing antennas. The colors and materials of the proposed communication facility have a non-reflective finish to match the existing monopole. The proposed equipment will be placed in a cabinet on the ground in an existing fenced area screened by landscaping. (c) That landscaping and fencing provide visual screening of the wireless communication facility’s ground mounted equipment, related structures, and that fencing material is compatible with the image and aesthetics of the surrounding area. This finding can be made in the affirmative. The proposed equipment will be placed in a cabinet on the ground in an existing fenced area screened by landscaping. The owner is responsible for the maintenance of existing landscaping. STAFF RECOMMENDATION: Adopt Resolution No. 13-033 approving the project, subject to conditions of approval. ATTACHMENTS: 1. Resolution of Approval for Design Review 2. Public Hearing Notice 3. Radio-Frequency Report 4. Photo Simulations 5. Coverage Maps 6. Development Plans (Exhibit "A") 89 Attachment 1  RESOLUTION 13-033 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING APPLICATION NO. PDR 13-0014 FOR A CO-LOCATED WIRELESS INSTALLATION LOCATED AT 1777 SARATOGA AVENUE / 386-10-049 WHEREAS, an application was submitted by Ericsson, on behalf of AT&T, requesting Design Review approval for a co-located wireless installation located at 1777 Saratoga Avenue. The project includes the installation of three new antennas, three new remote radio units, and one surge protector dome to an existing monopole telecommunications facility. The project also includes the installation of one new equipment cabinet in an existing enclosure. No trees will be removed. The property is located within the Professional Administrative Zoning District. WHEREAS, on September 25, 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 CEQA Guidelines (14 C.C.R. Section 15303). Class 3 exemptions include installation of equipment and facilities, such as wireless facilities. Section 3: The project is consistent with the Saratoga General Plan Land Use Policy LU 13.1 by utilizing the design review process to review non-residential projects to promote high quality design, to ensure compliance with applicable regulations, to ensure compatibility with surrounding properties and use, and to minimize environmental impacts. Section 4: The project is consistent with the Saratoga City Code in that the wireless telecommunication facility will be co-located with other service providers, thus eliminating the need for a new separate facility and reducing the visual impact on surrounding properties. The existing monopole will not increase in height and the proposed antennas are situated below existing antennas. The antennas are proposed with a similar layout and design to existing antennas, thus minimizing bulk that might be perceived with a larger design. The colors and materials of the proposed communication facility have a non-reflective finish to match the existing monopole. Section 5: The City of Saratoga Planning Commission hereby approves Application No. PDR13-0014 subject to the Conditions of Approval attached hereto as Exhibit 1. 90   Page 2    PASSED AND ADOPTED by the City of Saratoga Planning Commission this 25th day of September 2013 by the following vote: AYES: NOES: ABSENT: Bernald ABSTAIN: ___________________________________ Joyce Hlava Chair, Planning Commission 91   Page 3    EXHIBIT 1 CONDITIONS OF APPROVAL PDR 12-0018 / 1777 SARATOGA AVENUE / 386-10-049 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”), if applicable. 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. 92   Page 4    COMMUNITY DEVELOPMENT 5. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with City Code. 6. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department; b. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. c. This signed and dated Resolution printed onto a separate construction plan page(s); 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; 7. Federal Communications Commission (FCC) Verification. The owner and/or Applicant shall include a note on the plans, verifying compliance with the FCC prior to issuance of Zoning Clearance for the project. 8. Radio Frequency Testing. Radio Frequency levels shall be tested approximately 12 months from the date of final building permit approval. The results of this test shall be submitted to the Community Development Department and be available for review by the FCC. 93 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, September 25, 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: PDR 13-0033 APPLICANT/OWNER: Ericsson for AT&T / Kato Enterprises LLC ADDRESS/APN: 1777 Saratoga Avenue; Saratoga, CA 95070 / 386-10-049 PROJECT DESCRIPTION: The applicant is requesting Design Review approval to install three new antennas and three new remote radio units, over 3 sectors, on a co-location monopole. The project also includes the installation of one equipment cabinet in an existing enclosure. No trees will be removed. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission, you may be limited to raising only those issues you or someone else raised at the Public Hearing. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor’s office annually, in preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Christopher Riordan, AICP (408) 868-1235 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141