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HomeMy WebLinkAbout10-09-13 Planning Commission Agenda PacketTable of Contents Agenda 2 September 25, 2013 Draft Minutes 4 Application PDR13-0008; 14496 Nutwood Lane (397-17-020); Jay & Lin Fei Denenberg - The applicant requests Design Review approval to remodel an existing approximately 3,675 square foot one story single-family home located at 14496 Nutwood Lane. Proposed improvements would include a 2,283 square foot one story addition for a total project square footage of 5,959 square feet. The project would also raise the existing roof height from 17 feet to approximately 25 feet. The net lot size is 39,589 square feet and the lot is zoned R-1-40,000. Staff Contact: Christopher Riordan (408) 868-1235 Staff Report 6 Attachment 1 - Resolution 12 Attachment 2 - Arborist Report 17 Attachment 3 - Public Hearing Notice 25 Attachment 4 - Mailing Address List 26 Attachment 5 - Neighbor Notification Forms 27 Attachment 6 - CalGreen Checklist 32 Attachment 7 - Site Photos 40 Attachment 8 - Permeable Paver Specifications 41 Attachment 9 - Development Plans 42 Modification to the City's tree regulations to more clearly identify City owned and maintained trees. Staff report - 15-50.040 59 Attachment 1 - Revised Tree Ordinance 15-50.040 60 Attachment 2 - Resolution 15-50.040 62 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 64 1 AGENDA REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, October 09, 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 25, 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 PDR13-0008; 14496 Nutwood Lane (397-17-020); Jay & Lin Fei Denenberg - The applicant requests Design Review approval to remodel an existing approximately 3,675 square foot one story single- family home located at 14496 Nutwood Lane. Proposed improvements would include a 2,283 square foot one story addition for a total project square footage of 5,959 square feet. The project would also raise the existing roof height from 17 feet to approximately 25 feet. The net lot size is 39,589 square feet and the lot is zoned R-1-40,000. Staff Contact: Christopher Riordan (408) 868-1235 Recommended action: Adopt Resolution No. 13-038 approving the project subject to conditions of approval. 2. Modification to the City's tree regulations to more clearly identify City owned and maintained trees. Recommended action: Approve the attached resolution recommending that the City Council adopt the ordinance. 3. 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. 2 Recommended action: The applicant has requested that the project be continued to the meeting of October 23, 2013. 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 October 3, 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 25, 2013 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL Grover, Hlava, Smullen, Walia & Zhao ABSENT Almalech & Bernald APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of September 11, 2013 (5:0) COMMUNICATIONS FROM COMMISSION & PUBLIC Oral Communications on Non-Agendized Items Any member of the Public will be allowed to address the Planning Commission for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk within fifteen (15) calendar days of the date of the decision. PUBLIC HEARING All interested persons may appear and be heard at the above time and place. Applicants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing statements. 1. 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. Action: Walia /Grover moved to adopt resolution No. 13-031 approving the project subject to conditions of approval. Motion passed. Ayes: Hlava, Smullen, Zhao. Noes: None. Absent: Almalech, Bernald. Abstain: None. 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. 4 Action: Walia/Grover moved to continue the item to October 9, 2013 meeting. Motion passed. Ayes: Hlava, Smullen, Zhao. Noes: None. Absent: Almalech, Bernald. Abstain: None. 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 Action: Zhao/Walia moved to adopt resolution No. 13-033 approving the project subject to conditions of approval. Motion passed. Ayes: Grover, Hlava, Smullen. Noes: None. Absent: Almalech, Bernald. Abstain: None. 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. Action: Walia/Zhao moved to cancel the November 27th and December 25th Planning Commission meetings. Motion passed. Ayes: Grover, Hlava, Smullen. Noes: None. Absent: Almalech, Bernald. Abstain: None. 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 5 REPORT TO THE PLANNING COMMISSION Meeting Date: October 9, 2013 Application: PDR13-0008 Location / APN: 14496 Nutwood Lane / 397-17-020 Owner/Applicant: Jay & Lin Fei Denenberg Staff Planner: Christopher Riordan Nutwood Lane SITE 14496 Nutwood Lane 6 14496 Nutwood Lane Summary PROJECT DESCRIPTION: The applicant requests Design Review approval to remodel an existing approximately 3,675 square foot one story single-family home located at 14496 Nutwood Lane. Proposed improvements would include a 2,283 square foot one story addition for a total project square footage of 5,959 square feet. The project would also raise the existing roof height from 17 feet to approximately 25 feet. The net lot size is 39,589 square feet and the lot is zoned R-1-40,000. STAFF RECOMMENDATION: Adopt Resolution No. 13-038 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(a)(3). PROJECT DATA: Net Site Area: 39,588.34 SF Average Site Slope: 3.9% General Plan Designation: RVLD (Residential Very Low Density) Zoning: R-1-40,000 Proposed Allowed/Required Proposed Site Coverage Residential Footprint Permeable Paver Driveway (50%) Walkways/Decks Total Proposed Site Coverage 5,912 sq. ft. 1,817 sq. ft. 3,389 sq. ft. 11,118 sq. ft. (28%) 13,856 SF (35%) Floor Area First Floor Second Floor Garage Total Floor Area 5,234.5 sq. ft. N/A 724.5 sq. ft. 5,959 sq. ft. 6,000 sq. ft. Height (Residence) Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: Total Proposed Height 50.67 52.40 51.54 76.45 (24.91 Ft.) 26 Feet Setbacks Front: Left Side (existing nonconforming) Right Side: Rear: 1st Story 138.9’ 18.3’ 21.0 95.9’ 2nd Story NA NA NA NA 1st Story 30’ 20’ 20’ 50’ 2nd Story NA NA NA NA Grading Cut 955 CY Fill 40 CY Total 995 CY No grading limit in the R-1- 40,000 zoning district Page 2 of 6 7 14496 Nutwood Lane PROJECT DESCRIPTION AND SITE CHARACTERISTICS Site Description: The project site is located at 14496 Nutwood Lane. Located on the site is an existing 3,675 square foot 17 feet tall one story ranch style single-family home. Existing exterior materials include a combination of brick and stucco and a wood shingle roof. An existing asphalt driveway provides vehicle access. Protected trees are located on the property including numerous Pines and Cedars located both in the front and rear areas of the site. A swimming pool and a concrete patio are located behind the house. The existing garage encroaches between 8 inches and 1.75 feet into the side setback on the eastern side of the lot for a distance of 31 feet. The average slope of the site is 3.9 percent with a seven foot increase in elevation from the street to the rear of the lot. Existing one story homes are located on adjacent properties. The net lot size is 39,589 square feet and the lot is zoned R-1-40,000. Project Description and Architectural Style: The project is a 2,283 square foot single story addition to an existing 3,675 square foot single-family home. The addition would be located in both the northwest and southwest corners of the house as well as the southeast corner. The existing cedar shingle covered roof will be removed and replaced with a new approximately 25 feet tall cedar shingle covered roof. The intent of the architect was to redesign the house to have a modern architectural appearance. Exterior materials would include cream colored stucco with a sand finish, dark brown colored trim, bronze anodized aluminum framed windows and doors, and wood sectional garage doors painted to match the color of the house. is to remain and that an 18.3’ side setback The development plans indicate that the existing nonconforming side setback of the existing house along the eastern property line is 18.3’ where a 20’ setback is required. The cost of the proposed project has been estimated to exceed fifty percent of the construction cost of the existing residence so per City Code Section 15-65.065, the entire structure must conform to all zoning standards. The applicant has agreed to a condition of approval that the development plans submitted for the building permit would include conforming setbacks. The applicant also owns the adjacent site to the east and has expressed interest in pursuing a lot line adjustment between the two properties to correct the nonconforming setback. The proposed landscape plan illustrates that the project will predominantly feature drought native landscaping including grasses, native shrubs and 15” and 24” box trees a variety of large shade trees, ornamental trees, and fruit trees. The existing asphalt driveway will be removed and replaced with a permeable paver driveway. Rear yard landscaping would include a swimming a grass area, fruit trees, stone patios, and a natural gas fire pit. The cover sheet of the development plans includes a site coverage data table. The total amount of allowable site coverage is 13,856 sq. ft. or 35 percent. The total amount of proposed site coverage is 11,118 square feet or 28 percent. City Code Section 15-12.080 states that solid Page 3 of 6 8 14496 Nutwood Lane surface decks and compacted surfaces made of porous materials are counted as 50 percent site coverage. The entire 3,634 square foot driveway will be composed of permeable pavers thereby counting as 1,817 square feet of site coverage. The applicant has submitted product specifications (Attachment #7) for the proposed permeable pavers) which indicates that when installed per the manufactures directions the initial infiltration rate of the pavers would be expected to be 150 inches per hour. Materials and Colors: Detail Colors and Materials Exterior Cream Colored Sand Finish Stucco Dark Brown Colored Trim Windows Bronze Anodized Aluminum Windows Garage Door Sectional Wood Door – Match house color Roof Cedar Shingles Trees: The Project Arborist inventoried 12 trees on the project site that could potentially be impacted by construction. The applicant is proposing that two Japanese maples would be removed and relocated and one 48.5 inch redwood (Tree #2) would be removed. The redwood is located adjacent to the eastern side of the house and its roots are damaging the existing foundation. The City Arborist believes the findings can be made for the relocation of the two maple trees and the removal of the redwood tree. 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 will meet the minimum CalGreen standards for a new home. The Residential Calgreen Measures Checklist is included as Attachment 5. Neighbor Notification and Correspondence: The applicant received project related comments from one adjacent neighbor located at 19437 Versailles Way which is located behind the project. This neighbor wanted to be notified if the project was going to exceed 18 feet. Staff visited this neighbor, reviewed the plans, and explained that the project would be approximately 25 feet in height. The neighbor did not object to the height of the house but did express concern that as indicated by the location of the story poles, the eastern corner of the house would be visible from the neighbor’s rear yard and would like to see an additional tree planted to screen this view. Staff has shared this neighbor’ concerns with the applicant and the applicant would be willing to plant an additional tree if requested by the Planning Commission. Copies of the neighbor notification forms are included as Attachment 4. 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 4 of 6 9 14496 Nutwood Lane 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 project is a one story home and there are no proposed second story windows or balconies to diminish the exiting privacy of adjacent property owners. The existing houses on adjacent properties are all one story homes so there also would be no privacy impacts on second story windows. Mature trees are located on the sides and rear of the property which helps to screen offsite views of the project. (b) The project preserves the natural landscape. The project meets this finding in that the site does not contain any formal landscaping and existing vegetation on site is limited to a number of large trees. All but one of the existing trees on the site would be retained. Two existing Japanese maples that are in conflict with the proposed construction would be relocated and retained on site. A large redwood tree located between the house and the eastern property line would be removed as its roots are damaging the foundation of the existing house and the arborist has determined that it is in fair condition and can be removed. (c) The project preserves protected, native and heritage trees. The project meets this finding in that only one protected 48.5” Coast redwood tree would be removed. The tree is in fair/poor condition, its root system is negatively affecting the foundation of the existing house, and it likely would not survive construction related impacts. The project architect and landscape designer coordinated their efforts with the City Arborist to preserve the remaining protected and native trees on the site. The site does not contain any heritage trees. The project is conditioned so that replacement trees will be planted on site to replace the trees proposed for removal. 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 finding in that the design of the project maintains a single story horizontal architectural style that is consistent with one story homes on adjacent properties. The tallest portions of the structure face the rear of the site which is not visible from the street nor significantly visible from adjacent properties to the rear due to topography and dense vegetation. The impression of building height as viewed from the street is reduced as the building has wide horizontal proportions that take up the majority of the site width, there are consistent gable roof forms with sufficient architectural articulation and projections to reduce the impression of bulk. The neutral color pallet would aid in blending the home with the proposed landscaping. Mature Cedar 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 homes on adjacent home are all one structures with varying roof heights. The project is setback 139 feet Page 5 of 6 10 14496 Nutwood Lane Page 6 of 6 from the street which will help diminish the impression of bulk and height as viewed from Nutwood Lane. In addition, setbacks in excess of the minimum and existing landscaping both on the subject property and adjacent properties will help mitigate bulk and height. (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 – maintaining a single story façade facing the street, 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 and break up the massing, and designing structure to fit with the site and the existing neighborhood. Policy 2: Integrate Structures with Environment – the use of natural 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. 13-038 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. Site Photos 7. Permeable Pavers Manufacture Specifications 8. Development Plans (Exhibit "A") 11 RESOLUTION NO: 13-038 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING A 25 FEET TALL REMODELED SINGLE FAMILY RESIDENCE LOCATED AT 14496 NUTWOOD LANE WHEREAS, on May 14, 2013, an application was submitted by Jay and Lin Fei Denenberg requesting Design Review approval to remodel an existing one story home that would exceed 18 feet in height located at 14496 Nutwood Lane. The project has a total floor area of 5,959 square feet. The height of the remodeled residence is approximately 25 feet. The site is located within the R-1-40,000 Zoning District (APN 397-17-020). 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 October 9, 2013, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City Staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. Section 3: The project is consistent with the following Saratoga General Plan Policies: Land Use Goal 13 which provides that the City shall use the Design Review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings; Safety Element Site and Drainage Policy 3 which provides that the City shall require that landscaping and site drainage plans be submitted and approved during Design Review for a residence prior to issuance of permits; and Conservation Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Section 4: The project is consistent with the Saratoga City Code in that the design and improvements are consistent with the design review findings in that the project avoids unreasonable interference with views and privacy; preserves the natural landscape including native and heritage trees; minimizes the perception of excessive bulk; uses current grading and erosion methods; and follows appropriate design polices and techniques. 12 Resolution No. 13-038 Section 5: The project is consistent with the Saratoga City Code in that the removal of one protected trees meets the criteria established in Section 15-50.080(a). Section 6: The City of Saratoga Planning Commission hereby approves PDR13-0008 located at 14496 Nutwood Lane 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 9th day of October 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 13 Resolution No. 13-038 Exhibit 1 CONDITIONS OF APPROVAL PDR13-0008 14496 NUTWOOD LANE (APN 397-17-020) 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. 14 Resolution No. 13-038 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. Nonconforming Building Setback. The existing garage encroaches into the required 20’ side setback as much as 1.75 feet along the eastern property line of the lot. The development plans submitted for building permit shall be modified to eliminate this encroachment. 7. Accessory Structures. The existing sheds located within the side setback area shall either be removed or relocated to a conforming location on the lot prior to building permit final. 8. 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. 9. 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. 10. The owner/applicant shall agree to all conditions required by the Saratoga Building Department. 11. The owner/applicant shall agree to all conditions required by the City Engineer, as applicable. 12. The owner/applicant shall agree to all conditions required by the City Arborist, as applicable, prior to issuance of building permits. 15 Resolution No. 13-038 13. The owner/applicant shall agree to all conditions required by the Santa Clara County Fire Department, as applicable. 14. The owner/applicant shall agree to all conditions required by the Sewer District, as applicable, prior to issuance of building permits. 16 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 conditions of approval. Application #: ARB13-0023 Prepared by Kate Bear, City Arborist Site: 14496 Nutwood Lane Phone: (408) 868-1276 Owner: Jay and Lin Fei Denenberg Email: kbear@saratoga.ca.us APN: 397-17-020 Email: jaydenenberg@gmail.com Report History: #1 Date: Plans received May 14, 2013 Report completed June 13, 2013 PROJECT SCOPE The applicant has submitted plans to the City to add on to the house towards the front and the rear, and remodel it. No trees protected by City Code are shown to be removed on the plans. However, the applicant has indicated that two Japanese maples are requested for relocation, and one very large redwood that grows right next to the house is requested for removal. The redwood is causing damage to the existing house and is in conflict with the addition, and one of the Japanese maples is also in conflict with the project. It is acceptable to relocate the maples away from the house, and the redwood meets the criteria allowing its removal and replacement as part of the project. CLEARANCE – with conditions This project has clearance from the arborist to proceed, with the conditions noted below in the Conditions of Approval. PLAN REVIEW Plans Reviewed: Architectural plans were prepared by Marvin Herman & Associates and dated April 5, 2013. Plan sheets reviewed for this report include Sheet A1.0, Cover Sheet and Site Plan; Sheet A2.0, Demolition Plan; Sheet A4.0, Floor Plan; Sheets A5.0 and 5.1, Exterior Elevations; and Sheet A6.0, Sections. No trees are shown on the plans to be removed. However the applicant has indicated that coast redwood #2 is requested for removal, and Japanese maples #1 and 3 are requested for transplanting, to accommodate the addition. TREE INFORMATION A partial inventory of trees on site was prepared by Deborah Ellis, Consulting Arborist and Ornamental Horticulturist. It included an assessment of eight trees on site, including one coast redwood, two Japanese maples, and five Douglas fir trees. It recommended the removal of the Page 1 of 6 17 14496 Nutwood Lane redwood and relocation of the two Japanese maples. It also recommended the removal of the five Douglas fir trees, but this will be for a project that has not yet been submitted to the City. The designated Project Arborist for this project will be Deborah Ellis. Tree Inventory: Fourteen trees protected by City Code and potentially impacted by construction were inventoried for the project. They include two Japanese maples (#1 and 3), three coast redwoods #2, 2A and 2B), five Douglas firs (#4 – 8), two coast live oaks (#9 and 12), one deodar cedar (#10), and one olive (#11). Data for each tree can be found in the Tree Inventory Table at the end of this report and locations of trees and protective fencing are shown on the attached copy of the site plan. Tree Removals: Whenever trees are requested for removal as part of a project, specific tree removal criteria must be met and certain findings made. If trees are approved for removal as part of the project, they may be removed after the building permit for the project has been issued. New trees become a condition of approval for the project if trees are approved for removal. Coast redwood (#2) is requested for removal to construct the project. It meets the criteria overall for removal, and may be removed and replaced with new trees as part of the project. See the Findings section below for details. Two Japanese maples (#1 and 3) are requested for relocation. One is close to the front addition to the house and the other is in conflict with the proposed addition to the rear. 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. Fences are to be posted with signs indicating that they are for the protection of trees and may not be taken down or moved without prior approval from the City Arborist. See the Conditions of Approval for details. Areas that require fencing are shown on the map attached to the end of this report. No equipment is permitted on site until after the City Arborist inspects and approves tree protection fencing. Security Deposit for the Projection of Trees: Per City Ordinance 15-50.080, a Tree Protection security deposit is required. Owner shall obtain, and file with the Community Development Director, the required security deposit prior to the receipt of building permits. The security deposit may be in the form of a savings account, a certificate of deposit account or a bond. The required security deposit for this project will be $18,040 for the protection of trees #1, 2A, 2B, 3, and 9 – 12. 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. Page 2 of 6 18 14496 Nutwood Lane FINDINGS Tree Removals: No trees are shown on the plans to be removed. Trees that are requested for removal or relocation should be clearly indicated on the plans. One very large coast redwood grows right next to the house and has already damaged the walkway and house. The submitted arborist report recommends its removal, and this tree meets the criteria allowing its removal and replacement as part of the project, once building division permits have been issued. The table below summarizes the findings for the redwood. The tree listed below meets the criteria, overall, allowing its removal and replacement as part of the project. Summary of Tree Removal Criteria that are met Tree # Species Criteria met Criteria not met 2 Coast redwood 1, 2, 3, 4, 5, 6, 7, 8, 9 None Redwood #2 is a very large redwood growing right next to the house (criterion #1). It has already caused damage to the walkway around the house and probably has damaged the house foundation as well given its size and proximity (criterion #2). Rather than assisting with erosion control, it is likely interfering with the ability of the ground to absorb water in this area (criterion #3). There are many trees on the property, including two other redwoods right next to this tree that are farther from the house (criterion #4). This tree crowds the two other redwoods right next to it (criterion #5). The alternative to removing this tree is to remove the section of the house by the tree, which is not an acceptable alternative (criterion #6). Removal of this redwood and replacement with new trees is consistent with the tree regulations (criterion #7). If this tree isn’t removed, it will leave a trip-and- fall risk on the property (criterion #8). Removal and replacement of the redwood provides economic and aesthetic enjoyment of the property (criterion #9). Replacement Trees: The total appraised value of tree #2 is $16,300. New trees equal to this total 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 below. Tree replacement 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 New Construction This project complies with the requirement that new construction be set far enough from existing trees protected by City Code to adequately protect them (Section 15-50.120 of the City Code). CONDITIONS OF APPROVAL 1. This entire arborist shall be copied on to a plan sheet, titled “Tree Preservation”, and included in the final set of job copy plans. 2. Protected inventoried trees shall be numbered on the site plan. Page 3 of 6 19 14496 Nutwood Lane 3. Any tree(s) requested for removal shall be clearly indicated on the plans. 4. Applicant shall obtain a Tree Removal Permit prior to removing redwood tree #2 if the project will receive an over-the-counter or technical approval from the Planning Division. 5. Tree Protection Security Deposit – $18,040 a. Owner shall obtain, and file with the Community Development Director, a Tree Protection security deposit for trees #1, 2A, 2B, 3, and 9 – 12, which are potentially impacted by the project. b. The deposit shall be put in place prior to obtaining Building Division permits. c. The deposit shall remain in place for the duration of construction of the project to ensure the protection of the trees. d. Once the project has been completed, inspected and approved by the City, the bond will be released. 6. 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 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. If contractor feels that work must be done inside the fenced area, call City Arborist to arrange a field meeting. 7. 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. 8. 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. 9. The designated Project Arborist for this project shall be Deborah Ellis. 10. 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. 11. Roots of protected trees measuring two inches in diameter or more shall not be cut without prior approval of the City Arborist. Page 4 of 6 20 14496 Nutwood Lane 12. Redwood #2 is approved for removal and replacement once building division permits have been issued. 13. New trees equal to $16,300 shall be planted as part of the project. 14. Replacement values for new trees are listed below. They may be of any species and planted anywhere on the property. a. 15 gallon - $150 c. 36 inch box - $1,500 e. 60 inch box - $7,000 b. 24 inch box - $500 d. 48 inch box - $5,000 f. 72 inch box - $15,000 15. Should any tree be damaged beyond repair, new trees shall be required to replace the tree. 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. Replacement values are listed at the bottom of the Tree Inventory Table. 16. 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. Once done, the Project Arborist shall provide a letter to the City, including photos, discussing how the work was done and documenting conditions. 17. 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. 18. 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 tree protection fencing Page 5 of 6 21 14496 Nutwood Lane 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 6 of 6 22 TREE INVENTORY TABLE 14496 Nutwood Lane June 13, 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 ValueJapanese maple 1 Acer palmatum 10.2 15 100 70 Good High 2 X $2,620 Coast redwood 2 Sequoia sempervirens 48.5 40 50 50 Fair/Poor Low 1 X $16,300 Coast redwood 2A Sequoia sempervirens 11.1 30 60 70 Fair Moderate 2 $2,840 Coast redwood 2B Sequoia sempervirens 27 30 60 70 Fair Moderate 2 $1,610 Japanese maple 3 Acer palmatum 38 15 90 70 Good High 1 X $3,180 Douglas fir 4 Pseudotsuga menziesii 14 20 80 60 Fair Moderate 1 X $0 Douglas fir 5 Pseudotsuga menziesii 18.8 25 85 70 Fair/Good Moderate 1 X $0 Douglas fir 6 Pseudotsuga menziesii 14.2 20 70 60 Fair Moderate 1 X $0 Douglas fir 7 Pseudotsuga menziesii 14.6 20 70 60 Fair Moderate 1 X $0 Douglas fir 8 Pseudotsuga menziesii 22.5 25 80 70 Fair Moderate 1 X $0 Coast live oak 9 Quercus agrifolia 8 12 80 70 Good High 3 X $0 Deodar cedar 10 Cedrus deodara 18.5 25 80 80 Good High 3 $0 European olive 7.5, 4.5, 11 Olea europaea 4, 3 15 70 40 Fair/Poor Moderate 3 X $0 Coast live oak 12 Quercus agrifolia 8 10 80 80 Good High 3 X $0 Total appraised value $26,550 Should any tree listed above be removed or damaged beyond repair, owner will be required to replace that tree with trees equal to its appraised value. 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 23 Legend Tree Canopy Tree Protective Fence 14496 Nutwood Lane 1 2 2A 2B 3 4 8 7 6 5 9 12 11 10 24 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 9th of October, 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: PDR13-0008 / 14496 Nutwood Lane APPLICANT/OWNER: Jay & Lin Fei Denenberg APN: 397-17-020 DESCRIPTION: The applicant requests Design Review approval to remodel an existing approximately 3,675 square foot one story home. The project will include a 2,283 square foot one story addition for a total project size of 5,959 square feet. The project would also raise the roof height from approximately 17 feet to approximately 25 feet. The gross lot size is approximately 39,588 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 Monday September 30, 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 25 SRINIVASAN S 19689 DOUGLASS LN SARATOGA CA 95070 BRIDGET A & JAY C PARR 19759 DOUGLASS LN SARATOGA CA 95070 AKHTAR SELINA TR 14350 TAOS DR SARATOGA CA 95070 ROBERT J SMEAD 14401 NUTWOOD LN SARATOGA CA 95070 JOSEPH C & JAMES Y CHAO 14453 NUTWOOD LN SARATOGA CA 95070 PETER V & ROBERT L MIROYAN 14497 NUTWOOD LN SARATOGA CA 95070 JAY DENENBERG 14496 NUTWOOD LN SARATOGA CA 95070 JAY DENENBERG 14494 NUTWOOD LN SARATOGA CA 95070 CHENGGONG & WANG FANG FAN 14452 NUTWOOD LN SARATOGA CA 95070 DEVEREAUX C & SHARON L CHEN 14400 NUTWOOD LN SARATOGA CA 95070 SIKANDAR R & MAHNAZ NAQVI 19611 VERSAILLES WAY SARATOGA CA 95070 DAVID W & GRACE S YEN 19653 VERSAILLES WAY SARATOGA CA 95070 JOHN ZHENGZHONG & XU RUOCHEN ZHONG 19695 VERSAILLES WAY SARATOGA CA 95070 FONGLU D & WANG H LIN 19737 VERSAILLES WAY SARATOGA CA 95070 TZU-MU & CATHERINE LIN 19779 VERSAILLES WAY SARATOGA CA 95070 RAJKUMAR R & POONAM R JALAN 19805 VERSAILLES WAY SARATOGA CA 95070 LEE CHEN 19752 VERSAILLES WAY SARATOGA CA 95070 MARVIN B & JOAN L FOX 19680 VERSAILLES WAY SARATOGA CA 95070 IRENE PESTANA 360 KIELY BLVD #240 SAN JOSE CA 95129 SRIKANTH & SRINIVASAN AARTI NUGGEHALL 14600 WILD OAK WAY SARATOGA CA 95070 HARI & YVONNE PILLAI 19800 VERSAILLES WAY SARATOGA CA 95070 JAMES L & JERI A FINCH 14493 DONNA LN SARATOGA CA 95070 JAMES L & MATILDA M STRIEBEL 14480 DONNA LN SARATOGA CA 95070 JASON S & MARIA PICURI GRESS 14448 DONNA LN SARATOGA CA 95070 ELAINE J SIMPSON 19742 DOUGLASS AVE SARATOGA CA 95070 RON V & JANICE Z DORST 14402 DONNA LN SARATOGA CA 95070 CHARLIE A & JENNIFER A ROBERT 19700 DOUGLASS LN 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 DEAN R & JUDITH J BARTEE 14484 BLACK WALNUT CT SARATOGA CA 95070 MARY F OBERHAUSER 14462 BLACK WALNUT CT SARATOGA CA 95070 MELINDA C MAXFIELD 14445 DONNA LN SARATOGA CA 95070 FRANCES E FLANAGAN 14553 WILD OAK WAY SARATOGA CA 95070 HARRIET Q JOHNSON 19781 WILD OAK WAY SARATOGA CA 95070 LEONARD J & SHIRLEY J MARTIRE 14535 WILD OAK WAY SARATOGA CA 95070 DAVID J & MARISA R RIPARBELLI 14521 WILD OAK WAY SARATOGA CA 95070 JAMES L & M M STRIEBEL 14480 DONNA LN SARATOGA CA 95070 MQ HERITAGE CORP 14337 TAOS DR SARATOGA CA 95070 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 REPORT TO THE PLANNING COMMISSION Meeting Date: October 9, 2013 Application: ZOA 13 – 0008 Location: Citywide Staff: Kate Bear, City Arborist RECOMMENDED ACTION: Approve the attached resolution recommending that the City Council adopt an ordinance which modifies paragraph 15-50.040 of Chapter 15 (Zoning) of the Saratoga City Code. BACKGROUND: The City Attorney has recommended that Section 15-50.040 of the Zoning Code be modified to more clearly identify City owned and maintained trees, as well as, privately owned and maintained trees within the City. ATTACHMENTS: 1. Proposed Ordinance 2. Resolution recommending that the City Council approve the proposed amendment to Chapter 15 Zoning Regulations. Page 1 of 1 59 DRAFT August 29, 2013 City of Saratoga Code provisions regarding City tree maintenance Proposed deletions are shown in strikeout [example] and additions are shown in bold double- underlined italics [example]. Article 15-50 - TREE REGULATIONS 15-50.020 - Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: … (v) Street tree means any tree within the Public Street or right-of-way. … [Note: Section 15-06.660 defines “Street” as “an existing permanent public or private right-of- way, which is used as the principal means of access to abutting properties” and “Public Street” as “a street owned and maintained by the City, the County or the State, including streets offered for dedication, which have been regularly maintained or improved by the City, the County or the State.”] 15-50.040 - Street trees. (a) Policies and standards. The Community Development Public Works Director shall administer implement as established from time to time by resolution of the Planning Commission or City Council. (b) Planting required as condition of approval. The planting of street trees may be required as a condition of any approval granted under this Chapter. (c) Responsibility for maintenance. (1) The City shall provide maintenance for street trees and other trees located within the areas listed below a commercial district and on arterial roads, unless such maintenance responsibility has been assumed by a property owner or other person under a landscape maintenance agreement with the City: (i) Within the City right of way on the following streets: Allendale Avenue, Big Basin Way, Saratoga Avenue, Saratoga Sunnyvale Road, Cox Avenue, Quito Road, Prospect Road, and Fruitvale Avenue, and within any median on any City street; 60 DRAFT August 29, 2013 (ii) Landscaping and Lighting District improvement areas for zones that include tree planting and maintenance as part of the authorized activities; and (iii) Land owned and operated by the City, including , the Civic Center complex, library and orchard, Prospect Center, parks in the City’s Park Master Plan, and parking districts. (2) In all other areas of the City, the City shall not conduct but shall control the planting, maintenance and removal of street trees and shrubs which might affect the public right-of-way; the owner or occupant of such the property (including property encumbered by a public right of way) on which any street tree is located shall be responsible for the maintenance and removal (if necessary to protect public safety) of such street trees on the property and in the public right- of-way abutting the property. This includes, but is not limited to, compliance with section 10-05.030 regarding obstructions of streets, sidewalks, and intersections. 499276.3 61 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO: 13-036 Application ZOA13-0008 Amendments to Chapter 15 of the City Code The City of Saratoga Planning Commission finds and determines as follows with respect to the above-described application: WHEREAS, during the review and implementation of Chapter 15 of the City Code (Zoning), staff identifies specific code sections which are difficult to interpret, or have been preempted by changes to California law. The proposed amendments to Code Section 15-50.040 are shown in Attachment 1. WHEREAS, on October 9, 2013 the Planning Commission held a duly noticed Public Hearing on the legislation described above at which time all interested parties were given a full opportunity to be heard and to present evidence and argument. The Planning Commission considered the amendments, Staff Report, correspondence, presentations from the public, and all testimony and other evidence presented at the Public Hearing. 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 legislation described in the recitals is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Sections 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the minor amendments are clarifying only and would have a de minimis impact on the environment. Section 3: After careful consideration of the staff report and other materials, exhibits and evidence submitted to the City in connection with this matter, the Planning Commission of the City of Saratoga does hereby recommend to the City Council to amend the City Code as shown in Attachment 1. 62 2 Application No. ZOA11-0002 PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 9th day of October 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission Attachment: 1. Proposed Amendments to Section 15-50.040 of the Zoning Code 63 Page 1 of 1 REPORT TO THE PLANNING COMMISSION Meeting Date: October 9, 2013 Application: Design Review PDR13-0012 Location / APN: Saratoga Vista Avenue / 393-33-025 Owner/Applicant: Li / Timeline Design Staff Planner: Cynthia McCormick PROJECT DESCRIPTION: The project includes the construction of a new 3,368 square foot two-story home on a vacant lot. The applicant has requested that the project be continued to the meeting of October 23, 2013. 64