Loading...
HomeMy WebLinkAbout10-23-13 Planning Commission Agenda PacketTable of Contents Agenda 3 October 9, 2013 draft minutes 5 Application ELN13-0004; 14270 Paul Avenue (503-27-059); Tseng - The applicant is proposing an alteration to a legal non- conforming structure. Staff Contact: Cynthia McCormick (408) 868-1230. staff report 7 resolution 10 notice 14 plans 15 Application PDR 13-0012; Saratoga Vista Avenue (393-39-025); Li / Timeline Design - The applicant requests Design Review approval to construct a new 3,686 square foot two-story home on a vacant lot. Staff Contact: Cynthia McCormick (408) 868- 1230. staff report 19 resolution 24 neighbor comments 28 noticing 36 CalGreen 40 plans 48 Application VAR13-0001 & MOD13-0009; 20951 Canyon View (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 site. The applicant is also requesting Design Review of minor architectural modifications to the exterior of the structure that were not originally approved by the Planning Commission. Staff Contact: Christopher Riordan (408) 868-1235 Staff Report 68 Attachment 1 - Resolution 75 Attachment 2 - Public Hearing Notice 79 Attachment 3 - Neighbor Correspondance 80 Attachment 4 - Site Photos 86 Attachment 5 - Development Plans 92 Application ZOA13-0009(City wide)- Sign Ordinance modification acknowledging the Median Banner Policy adopted by Council. The draft ordinance modifies Sections 15-30.050 and 15-30.060 of Chapter 15 (Zoning) of the Saratoga City Code. Staff Contact: Brian Babcock (408)868-1275 Staff Report 97 Proposed Amendment 98 Att. 1 - Resolution 104 Att. 2 - Median Banner Policy 106 1 Application GPA13-0004; (503-82-006, 503-19-122, 517-08- 0478) City of Saratoga – The City of Saratoga is requesting that the Planning Commission review corrections to the General Plan and Zoning designations for the aforementioned properties that were inadvertently modified and make a recommendation to City Council. Staff Contact: Michael Fossati (408) 868-1212 General Plan Amendment - Continuance 111 2 AGENDA REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, October 23, 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 October 9, 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. NEW BUSINESS Application ELN13-0004; 14270 Paul Avenue (503-27-059); Tseng - The applicant is proposing an alteration to a legal non-conforming structure. Staff Contact: Cynthia McCormick (408) 868-1230. Recommended action: Adopt Resolution No. 13-039 approving the project subject to conditions of approval. 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 PDR 13-0012; Saratoga Vista Avenue (393-39-025); Li / Timeline Design - The applicant requests Design Review approval to construct a new 3,686 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. 2. Application VAR13-0001 & MOD13-0009; 20951 Canyon View (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 site. The applicant is also 3 requesting Design Review of minor architectural modifications to the exterior of the structure that were not originally approved by the Planning Commission. Staff Contact: Christopher Riordan (408) 868-1235 Recommended action: Adopt Resolution No. 13-030 approving the project subject to conditions of approval. 3. Application ZOA13-0009(City wide)- Sign Ordinance modification acknowledging the Median Banner Policy adopted by Council. The draft ordinance modifies Sections 15-30.050 and 15-30.060 of Chapter 15 (Zoning) of the Saratoga City Code. Staff Contact: Brian Babcock (408)868-1275 Recommended action: Approve the attached resolution recommending that the City Council adopt an ordinance that modifies Sections 15-30.050 and 15-30.060 of Chapter 15 (Zoning) of the Saratoga City Code. 4. Application GPA13-0004; (503-82-006, 503-19-122, 517-08-0478) City of Saratoga – The City of Saratoga is requesting that the Planning Commission review corrections to the General Plan and Zoning designations for the aforementioned properties that were inadvertently modified and make a recommendation to City Council. Staff Contact: Michael Fossati (408) 868-1212 Recommended action: Move to continued to the project to the November, 12, 2013 PC meeting. 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 17, 2013 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. You can also sign up to receive email notifications when Commission agendas and minutes have been added to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp. NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 4 ACTION MINUTES REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, October 09, 2013 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL Almalech, Bernald, Grover, Smullen, Walia & Zhao ABSENT Hlava APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of September 25, 2013 (Walia/Grover moved to approve the minutes. Motion passed. Ayes: Almalech, Bernald, Smullen & Zhao. Noes: None. Absent: Hlava. Abstain: None. COMMUNICATIONS FROM COMMISSION & PUBLIC The commission requested to call up Conditional Use Permit 09-0014 (Saratoga Star Aquatics - 12230 Saratoga Sunnyvale Road) to review potential parking impacts on adjacent properties (Almalech/Grover moved to pass the motion. Ayes: Bernald, Smullen, Walia & Zhao. Noes: None. Absent: Hlava. Abstain: None. 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 5 Action: Zhao/Grover moved to continue the item to November 11, 2013 meeting. Motion passed. Ayes: Almalech, Bernald, Smullen & Walia. Noes: None. Absent: Hlava. Abstain: None. . 2. Modification to the City's tree regulations to more clearly identify City owned and maintained trees. Action: Zhao/Smullen moved to adopt resolution No. 13-036 recommending that the City Council adopt the ordinance. Motion passed. Ayes: Almalech, Bernald, Grover & Walia. Noes: None. Absent: Hlava. Abstain: None. 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. Action: Walia/Grover moved to continue the item to October 23, 2013 meeting. Motion passed. Ayes: Almalech, Bernald, Smullen, Walia & Zhao. Noes: None. Absent: Hlava. Abstain: None. 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 6 REPORT TO THE PLANNING COMMISSION Meeting Date: October 23, 2013 Application: Expansion Legal Non-Conforming ELN13-0004 Location / APN: 14270 Paul Avenue / 503-27-059 Owner: Tseng Staff Planner: Cynthia McCormick, Planner, AICP STAFF RECOMMENDATION: Adopt Resolution No. 13-039 approving the project subject to conditions of approval. Approval by the Planning Commission is required pursuant to City Code Sections 15-65.050(b) and 15-65.100. PROJECT DESCRIPTION: The applicant is proposing an addition to, and remodel of, a legal non- conforming structure. The existing home has a legal non-conforming side setback along the right side of the house that is six inches short of the requirement. There is also a non-conforming utility box on the side of the home that encroaches into the required setback. The required side setbacks for this lot are six feet because the site width (50-feet) does not conform to the minimum 85-foot site width in the R-1-10,000 district (Section 15-65.040(b)(1)). The addition will conform to the City Code and a portion of the non-conforming section of the home will be removed. The proposed remodel will not add any new windows to the side of the home where the non-conforming setback occurs. The Planning Commission may approve alteration of a nonconforming use upon making certain determinations described in this report. Major Repair or Alteration means any work that is estimated to result in expenditure (cumulatively) of greater than twenty percent and not exceeding fifty percent of the estimated construction cost of the structure that is the subject of the work. The proposed work will result in expenditure of approximately 39% of the estimated construction cost of the existing structure. Approval of the alteration to the non-conforming structure is required before staff can act on the pending Technical Review. The Technical Review does not require approval by the Planning Commission. Neighbor Notification and Correspondence: The property owner distributed notification forms to adjacent neighbors. A Public Notice was also sent to property owners within 500 feet of the site. No comments have been received as of the writing of this report. Page 1 of 3 7 PROJECT DATA: Net Site Area: 7,500 SF 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 Total Site Coverage 2,879 sq. ft. 732 sq. ft. 664 sq. ft. 4,275 sq. ft. (57%) 60% Maximum Floor Area First Floor & Porch Garage: Total Floor Area 2,439 sq. ft. 440 sq. ft. 2,879 sq. ft. 2,880 sq. ft. Maximum Height 15’6” 26 feet Maximum Setbacks Front: Left Side: Right Side: Rear: 25’ 6’ 5’6” 33’4” 25’ 6’ 6’ 25 FINDINGS AND DETERMINATIONS Pursuant to City Code Section 15-65.050(b), major repair and alteration of a nonconforming structure may be permitted if the Planning Commission is able to make the following determinations: (1) The repair and/or alteration will accommodate a conforming use. This finding can be made in the affirmative because the project includes relocating the garage to the front of the property and eliminating a portion of the structure that is non-conforming. The proposed addition will conform to city code. (2) The repair and/or alteration does not increase the degree of noncompliance, or otherwise increase the discrepancy between existing conditions and the requirements of this Chapter. This finding can be made in the affirmative because a portion of the non-conforming section of the structure will be removed. The proposed remodel will not add any new windows to the side of the home where the non-conforming setback occurs. The non- conforming utility box will not be changed. Application No. ELN13-0004; 14270 Paul Ave / 503-27-059 Page 2 of 3 8 Application No. ELN13-0004; 14270 Paul Ave / 503-27-059 Page 3 of 3 (3) The repair and/or alteration does not effectively extend or perpetuate the useful life of any particular feature or portion of the structure which is nonconforming. Approximately 7½ feet of the non-conforming wall of the home will be removed, thus reducing the non- conformity. The interior remodel should not perpetuate the useful life of the non-conforming exterior wall because there will be minimal structure changes to the side of the property where the non-conforming setback occurs. The non-conforming utility box will not be changed or replaced. 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. 13-039 approving the project, subject to conditions of approval. ATTACHMENTS: 1. Resolution of Approval 2. Meeting Notice, Mailing Addresses for Project Notification 3. Development Plans (Exhibit "A") 9 RESOLUTION NO: 13-039 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING AN APPLICATION FOR ALTERATION OF AND ADDITION TO A NON-CONFORMING SINGLE-FAMILY DWELLING LOCATED AT 14270 PAUL AVENUE (503-27-059) SARATOGA CA 95070 WHEREAS, on October 10, 2013, an application was submitted by Kuei Hsien and Suen Yiwen Tseng requesting approval for alteration of, and addition to, a non-conforming single-family dwelling. The existing home has a legal non-conforming side setback along the right side of the house that is six inches short of the requirement. There is also a non-conforming utility box on the side of the home that encroaches into the required setback. The addition will conform to city code and a portion of the non-conforming section of the home will be removed. No significant structural changes will occur to the exterior wall where the non-conforming setback occurs. 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 23rd, 2013, the Planning Commission held a meeting on the subject application, and considered evidence presented by City Staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. Section 3: The project is consistent with the following Saratoga General Plan Policies; Conservation Element Goal 2 and Land Use Element Goad 1 which states that the City shall preserve the City’s existing character which includes small town residential, rural/semi-rural areas and open spaces areas; Conservation Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development; and Land Use Element Policy 1.1 that the city shall continue to be predominantly a community of single-family detached residences. Section 4: The project is consistent with the Saratoga City Code in that the repair and/or alteration will accommodate a conforming use; the repair and/or alteration does not increase the degree of noncompliance, or otherwise increase the discrepancy between existing conditions and the requirements of this Chapter; and the repair and/or alteration does not effectively extend or 10 Resolution No. 13-039 perpetuate the useful life of any particular feature or portion of the structure which is nonconforming. Section 5: The City of Saratoga Planning Commission hereby approves ELN13-0004 located at 14270 Paul 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 23rd day of October 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 11 Resolution No. 13-039 Exhibit 1 CONDITIONS OF APPROVAL ELN13-0004 14270 PAUL AVENUE / 503-27-059 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. 12 Resolution No. 13-039 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. THIS CONDITION IS PERMANENT. Statement of Acknowledgment of Legal Nonconforming Status: The property Owner shall record a Statement of Acknowledgment of Legal Nonconforming Status, satisfactory to the Community Development Director, specifying the limits of any expansion and/or intensification of the non-conforming structure. 7. Non-Conforming Structure Limitations. In no event shall the cumulative expenditures for repairs and/or alterations on any nonconforming structure exceed fifty percent of the estimated construction cost of the structure prior to such repairs and/or alterations, unless such structure is changed to a conforming structure or otherwise satisfies the standards set forth by City Code. 8. 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. 9. The owner/applicant shall agree to all conditions required by the Saratoga Building Department. 10. The owner/applicant shall agree to all conditions required by the City Engineer, as applicable. 11. The owner/applicant shall agree to all conditions required by the City Arborist, as applicable, prior to issuance of building permits. 12. The owner/applicant shall agree to all conditions required by the Santa Clara County Fire Department, as applicable. 13. The owner/applicant shall agree to all conditions required by the Sewer District, as applicable, prior to issuance of building permits. 13 CITY OF SARATOGA Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1222 NOTICE OF MEETING The City of Saratoga’s Planning Commission announces the following meeting on: Wednesday, October 23 2013 at 7:00 p.m. The meeting will be held in the City Hall Theater located at 13777 Fruitvale Avenue. 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. ADDRESS / APN: 14270 Paul Ave, Saratoga, California 95070 / 503-27-059 OWNER: Tseng APPLICATION: ELN13-0004 PROJECT DESCRIPTION: The applicant is proposing an addition to and remodel of a legal non-conforming structure (home). The new garage addition will conform to city code. The applicant will also remodel a portion of the interior of a non-conforming section of the home. 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 meeting. 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 14 15 16 17 18 REPORT TO THE PLANNING COMMISSION Meeting Date: October 23, 2013 Application: Design Review PDR13-0012 Location / APN: Saratoga Vista Avenue / 393-39-025 Owner/Applicant: Li / Timeline Design Staff Planner: Cynthia McCormick, Planner, AICP Saratoga Vista Avenue Page 1 of 5 19 Summary PROJECT DESCRIPTION: The applicant requests Design Review approval to construct a new 3,686 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: 9.94% 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. 4,893 sq. ft. (38.8%) 60% Maximum Floor Area First Floor & Porch Second Floor Garage: Total Floor Area 1,788 sq. ft. 1,465 sq. ft. 433 sq. ft. 3,686 sq. ft. 3,710 sq. ft. Maximum Height (Residence) Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: 102.24’ 103.73’ 102.99’ 127.91’ (24.92’) 26 feet Maximum Setbacks Front: Left Side: Right Side: Rear: 1st Story 25’2” 15’2” 14’2” 58’5’ 2nd Story ~36’ - 46’ 17’6” 15’10” 67’ 1st Story 25’ 10’ 10’ 25 2nd Story 25’ 15’ 15’ 35 Application No. PDR 13-0012; Saratoga Vista Ave / 393-39-025 Page 2 of 5 20 PROJECT HISTORY On August 28 2013, the applicant requested design review approval of a new 3,668 square foot two-story home on a vacant lot. Following public testimony and feedback from the Planning Commission, the applicant requested a continuance to make design changes. The changes are described below. 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 lot slopes down towards the left side of the property. 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 3,686 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. As presented at the August 28th Public Hearing, the applicant had previously made the following design changes to reduce the perception of bulk and integrate the home into the neighborhood: • 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 • Minimized the façade bulk by changing the pediment style gables to a more simplified gable • Replaced the craftsman style tapered columns and stone base with simple square columns • Removed a bay window from the front elevation Following public testimony and feedback from the Planning Commission at the August 28th Hearing, the applicant has made the following additional design changes: • Decreased the building height from 25.12’ to 24.92’ • Reconfigured the second story floor plan which: o Increased the left side second story setback from 15’2” to 17’6” o Decreased the right side second story setback from 17’81/2” to 15’2” o Setback the master bath 35’91/2” from the front property line (left side) o Setback the bedroom 41’41/2” from the front property line (right side) o Increased the floor area by 18 square feet Application No. PDR 13-0012; Saratoga Vista Ave / 393-39-025 Page 3 of 5 21 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. As described in the August 28th staff report, neighbor concerns include privacy impacts, mass and height impacts, and site drainage. Additionally, one neighbor is concerned about the amount of fill being added to the property. The applicant has reduced the size and sill height of the windows to minimize privacy impacts and moved the second story over an additional two feet where the property slopes down to the left, thereby reducing height impacts and further reducing privacy impacts. The projected grading includes 95 cubic yards of cut and 324 cubic yards of fill for a net gain of 226 cubic yards. There are no grading limitations in the R1-10,000 zoning district. The site has an average slope of approximately 10%, 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 swale 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. The Applicant has met the burden of proof to support the 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. 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 reasonable 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. Application No. PDR 13-0012; Saratoga Vista Ave / 393-39-025 Page 4 of 5 22 Application No. PDR 13-0012; Saratoga Vista Ave / 393-39-025 Page 5 of 5 (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 one foot lower than allowed by code, setting the first story further away from the side property line than required, setting the second story further away from the front property line than required by code, and offsetting the walls of 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. (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 setting back a large portion of the second story thereby reducing its height impact (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. CalGreen 5. Development Plans (Exhibit "A") 23 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 (393-39-025) 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 3,686 square feet in area and 25 feet 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. WHEREAS, the August 28, 2013 public hearing was continued until October 9, 2013 for further consideration by City Staff, the applicant, and other interested parties. WHEREAS, the October 9, 2013 public hearing was continued until October 23, 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 design review findings in that the project avoids unreasonable interference with views and privacy; preserves the natural 24 Resolution No. 13-035 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. 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 23rd day of October 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 25 Resolution No. 13-035 Exhibit 1 CONDITIONS OF APPROVAL PDR13-0012 SARATOGA VISTA AVENUE (393-39-025) 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. 26 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. 27 28 29 30 31 32 33 34 35 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 36 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 37 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 38 393-39-026 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 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 REPORT TO THE PLANNING COMMISSION Meeting Date: October 23, 2013 Application: VAR13-0001 & MOD13-0009 Location / APN: 20951 Canyon View / 503-28-008 Owner/Applicant: Nader Sarnevesht Staff Planner: Christopher Riordan SITE 20951 Canyon View 68 20951 Canyon View – VAR13-0001, MOD13-0009 Summary PROJECT DESCRIPTION: The applicant requests Variance approval for recently constructed retaining walls with heights greater than three feet within the front setback area and greater than five feet in height elsewhere on site. The retaining walls were erected during construction of a two story house located at 20951 Canyon View which received Planning Commission approval in October 2007. The applicant is also requesting Design Review of minor architectural modifications to the exterior of the structure that were not originally approved by the Planning Commission. STAFF RECOMMENDATION: Adopt Resolution No. 13-030 approving the project subject to conditions of approval. Variance approval by the Planning Commission is required pursuant to City Code Section 15- 29.010(l). Modification of Approved Plans approval by the Planning Commission is required pursuant to City Code Section 15-80.120(b). PROJECT DATA: Net Site Area: 32,670 SF Average Site Slope: 39.7% General Plan Designation: RVLD (Residential Very Low Density) Zoning: R-1-40,000 Proposed Allowed/Required Retaining Wall Height Within Front Setback Area 3.00 FT - 11.62 FT 3 FT Outside Front Setback Area 5.00 FT – 8.14 FT 5 FT PROJECT DESCRIPTION AND SITE CHARACTERISTICS Site Description and Project History: The project has been continued from the Planning Commission meetings of August 14 and August 28, 2013 and September 11, 2013. At the September 11 meeting the Planning Commission tabled the item and directed staff to re-notice the item for a future meeting. The site consists of a recently constructed 3,635 square foot, 25-foot tall, two-story single-family home which received Planning Commission approval on October 24, 2007. A circular driveway provides access to the site. The project included a variance to construct the residence because the average slope beneath the building footprint was 39.7 percent and pursuant to City Code Section 15-19.020(d), the average slope beneath a structure is not to exceed 30 percent. The applicant also had requested a variance to construct a pool on a slope exceeding 30 percent however; that variance request was not approved by the Commission. The approved plans included a series of “stepped” retaining walls where no individual wall was in excess of three feet. Page 2 of 7 69 20951 Canyon View – VAR13-0001, MOD13-0009 Project Description: Variance: Project construction was completed in February 2013. It was determined during staff’s final review of the project that the design of the retaining walls as originally approved had been modified and that the retaining walls as constructed were taller than allowed per City Code. Retaining walls within the 30 foot front setback area are limited to a maximum height of three feet and retaining walls outside the front setback are limited to a maximum height of five feet. The applicant is requesting a Variance for retaining walls located in the following areas of the site: Location Height Range Variance The wall east of the driveway and parallel to the street 1.25 feet – 4.08 feet • Exceeds three feet height in front setback for a length of approximately thirty-five feet. The wall south of the driveway and parallel to the southern lot line adjoining the adjacent property (structural) 1.34 feet – 11.62 feet • Exceeds three foot height limit in front setback for length of approximately thirty-one feet. • Exceeds five foot height limit for a length of approximately twenty-five feet. Two walls behind the residence that are supporting the steep slope (structural) 7.48 feet – 7.5 feet • Both walls exceed the five foot maximum height for a combined length of 260 feet. Modifying or removing some of the non-compliant walls could affect the structural integrity of the home and reduce the slope stability of the site, including the slope stability of the adjacent property to the south. Those walls are identified above with the (structural) notation. A Variance is not requested for the retaining walls west of the driveway near the exterior stairs. These walls have a combined length of 63 feet and are in excess of the three foot height limit for retaining walls located within a front setback area. These walls range in height from 4 feet to 6.79 feet and to eliminate the need for a variance the applicant has proposed constructing an additional wall/planter in front of each existing wall so that no section of the wall would exceed a height of three feet. The applicant would plant bushes in the wall/planters to screen the appearance of the walls as viewed from the street. During the site visit the Commission commented that the narrow width of the proposed planters would not be adequate for plants to grow for the purpose of screening the walls. Staff is recommending a condition of approval that these planters be a minimum of two feet in width as measured from the face of the existing retaining wall to the face of the new planters. As mentioned in the above table, two of the three existing retaining walls located west (behind) the residence are in excess of the five foot height maximum. To reduce the need for a Variance for both walls, staff is recommending a condition of approval that the height of the rear most westerly retaining wall be reduced to a maximum height of five feet. Page 3 of 7 70 20951 Canyon View – VAR13-0001, MOD13-0009 During the site visit the Commission commented that the nine spotlights installed along the retaining wall located south of the driveway and parallel to the southern lot line were excessive in number. Staff is recommending a permanent condition of approval that the number of lights be reduced to no more than five. Architectural Modifications: The applicant has also made some minor architectural modifications to the plans that were approved by the Planning Commission. The following architectural details were not incorporated into the completed project and require Planning Commission Design Review approval. • The columns on opposite sides of the garage, on the balcony above the garage, and on the first story porch to the right of the entrance. • Craftsman “stickwork” detailing above the garage and front entrance and above the architectural projections that are located on opposite sides of the second story balcony. The Development Plans included as Attachment #5 include both the original plans approved on October 24, 2007 and the as-built plans that were actually constructed. Landscaping The landscape plan dated September 2007 included in the original development plans for the residence did not include rear yard landscaping beyond the rear most retaining wall with the exception of three 24 inch box trees. However, the landscape plan dated January 2009 included along with the approved building permit did include rear yard landscaping. This landscape plan includes a pathway of wood timbers and boulders with natural stone landing areas that begins near the northwest corner of the rear retaining walls and meanders up the slope to provide access to a wooden “viewing deck”. The plan also includes a “creek” water feature that begins near the viewing deck and flows along the pathway to terminate in a waterfall and pool located between the two rear retaining walls. A copy of this landscape plan is located in the development plans which are included as Attachment #5. The “as built” site plan submitted along with the variance application includes a rear landscape design different than the plan approved with the building permit. As constructed, the pathway leading to the viewing deck is composed of concrete steps with black wrought iron hand rails which begin near the northwest corner of the rear patio. The pathway does not “meander” but instead leads directly up the slope to the viewing deck. The viewing deck is made of concrete. The plan does include a creek water feature that begins near the viewing deck and flows down the slope to terminate at the rear retaining wall. Photographs of the pathway and platform are included in Attachment #4. The design of the pathway, water feature, and deck as included in the landscape plan approved with the building permit would offer a more natural appearance than the concrete steps and concrete viewing platform that have been constructed. Staff is recommending a condition of approval that the rear yard landscaping be constructed as indicated on the landscape plan dated January 2009. Page 4 of 7 71 20951 Canyon View – VAR13-0001, MOD13-0009 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 architectural modifications include the removal of exterior columns and architectural detailing that would have no effect on views and privacy. (b) The project preserves the natural landscape. The project meets this finding in that the proposed changes are limited to architectural details and no modifications to the natural landscape is being proposed. (c) The project preserves protected, native and heritage trees. The project meets this finding in that only minor architectural changes are being proposed and no native or heritage trees are proposed for removal. (d) The project minimizes the perception of excessive bulk. The project meets this finding in that the Planning Commission had found previously that the design of the two-story home minimizes the perception of excessive bulk. The minor architectural changes have simplified the design of the projects exterior and would not increase the perception of excessive bulk. (e) The project is of compatible bulk and height. The project meets this finding in that the Planning Commission had found previously that the two-story home is compatible in bulk and height with the nearby two-story homes in the neighborhood. The minor architectural changes have simplified the design of the projects exterior and would not increase the projects bulk and height. (f) The project uses current grading and erosion control methods. The project meets this finding in that the proposed changes are limited to architectural details which would have no effect on grading or erosion. (g) The project follows appropriate design policies and techniques. The project meets this finding in that the minor modification would simplify the design of the projects exterior and that the Planning Commission had found previously that the two-story home is compatible with each of the applicable design policies and technique set forth in the Residential Design Handbook. Neighbor Notification and Correspondence: The applicant received signed neighbor notification forms from six adjacent neighbors. These included the neighbors on both sides of the property as well as those across the street on Canyon View and Fourth Street. Each neighbor signed the form with no additional project related comments. Copies of the neighbor notification forms are included as Attachment #3. A Public Notice was also sent to property owners within 500 feet of the site. No additional concerns have been brought to the City’s attention as of the writing of this staff report. A copy of this notice is included as Attachment #2. Page 5 of 7 72 20951 Canyon View – VAR13-0001, MOD13-0009 Variance Findings: The findings required for issuance of a Variance approval pursuant to City Code Section 15-70.020 (Authority to grant Variances) are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (a) That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulations enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. Due to the steep slope of the site, and the goal of the applicant to reduce the visual presence of the residence by merging the building into the hillside and to construct a driveway with minimum slope so as to be accessible by emergency vehicles, it was necessary to construct retaining walls in excess of the maximum allowable height. This finding can be made in the affirmative. (b) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. In October 2007 the Planning Commission approved the project and the associated Variance to construct the project on a steep slope. The Commission did find that the granting of the Variance would not be a grant of special privilege in that many of the homes in the neighborhood would have been built or were constructed on properties of similar slope and would have been granted a variance or were built at a time that predates City Zoning regulations for variances. Similar reasoning can be applied to the current Variance application for retaining wall heights. This finding can be made in the affirmative. (c) That the grant of the variance would not be detrimental to public health, safety or welfare or materially injurious to properties or improvements in the vicinity. The retaining walls would be required to meet California Building Code Standards and Geotechnical Clearance conditions would be met. The granting of the variance will be in harmony with the purpose and intent of the regulations and will have no negative impact to the public health, safety, or welfare. This finding can be made in the affirmative. Environmental Determination: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. STAFF RECOMMENDATION: Adopt Resolution No. 13-030 approving the project, subject to conditions of approval. Page 6 of 7 73 20951 Canyon View – VAR13-0001, MOD13-0009 Page 7 of 7 ATTACHMENTS: 1. Resolution of Approval for Variance and Modification to Approved Plans 2. Public Hearing Notice and Mailing Address List for Project Notification 3. Neighbor Correspondence and Notification Forms 4. Site Photos 5. Development Plans (Exhibit "A") 74 RESOLUTION NO: 13-030 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING A VARIANCE FOR RETAINING WALLS WITH HEIGHTS EXCEEDING THE MAXIMUM ALLOWED PER CITY CODE AND DESGIN REVIEW FOR CHANGES TO PREVIOUSLY APPROVED PLANS AT LOCATED AT 20951 CANYON VIEW DRIVE WHEREAS, on January 28, 2013, an application was submitted by Nader Sarnevesht, requesting Variance approval to construct retaining walls with heights in excess of those allowed per City Code for a recently constructed single-family home located at 20951 Canyon View Drive. The heights of the walls exceed the three foot maximum for retaining walls within a front setback area and are taller than the five meet maximum for walls outside the front setback area. The application also includes a request for Design Review approval for minor architectural changes to previously approved plans. The site is located within the R-1-40,000 Zoning District (APN 503-28- 008). WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine this project exempt. WHEREAS, on October 23, 2013, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City Staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. Section 3: The project is consistent with the following Saratoga General Plan Policies; Conservation Element Goal 2 and Land Use Element Goad 1 which states that the City shall preserve the City’s existing character which includes small town residential, rural/semi-rural areas and open spaces areas; Conservation Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development; and Land Use Element Policy 1.1 that the city shall continue to be predominantly a community of single-family detached residences. Section 4: The project is consistent with the Saratoga City Code in that because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulations would deprive the applicant of 75 Resolution No. 13-030 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 City of Saratoga Planning Commission hereby approves VAR13-0001 and MOD13-0009 located at 20951 Canyon View Drive subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 23rd day of October 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 76 Resolution No. 13-030 Exhibit 1 CONDITIONS OF APPROVAL VAR13-0001 & MOD13-0009 20951 CANYON VIEW DRIVE (APN 503-28-008) 1. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner’s successors in interest for such time period. No zoning clearance, or demolition, grading for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent or other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content to the Community Development Director. If a condition is not “Permanent” or does not have a term specified, it shall remain in effect until the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent. 2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this approval is duly executed, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the City certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 3. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga City Code incorporated herein by this reference. 4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. 77 Resolution No. 13-030 5. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with City Code. 6. This Condition is Permanent. No more than five spotlights are to be installed along the retaining wall located south of the driveway and parallel to the southern lot line. Four of the existing lights are to be removed prior to building permit final. 7. The proposed walls/planters to be constructed to the north of the front entrance and adjacent to the driveway shall be a minimum of two feet in width as measured from the face of the existing retaining wall to the face of the new planters. These walls/planters shall be installed prior to building permit final. 8. The height of the rear most retaining wall behind the structure shall be no taller than five feet. The height of the existing wall shall be reduced prior to building permit final. 9. The rear yard landscaping shall be constructed in substantial conformance with the landscape plan dated January 2009 which is included with Exhibit “A”. The rear yard landscaping shall be constructed prior to building permit final. 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. 78 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 23rd day 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: VAR13-0001, MOD13-009/ 20951 Canyon View Drive APPLICANT/OWNER: Julia Hashemieh and Nader Sarnevesht APN: 503-28-008 DESCRIPTION: The applicant requests Variance approval from the regulations contained in City Code Section 15-29.010(l) [Retaining Walls]. This includes a request to exceed the three foot maximum height for retaining walls located within the front yard setback and to exceed the maximum five foot height for retaining walls located outside the front yard setback. The applicant is also requesting Design Review Approval for modifications to previously approved plans. The net lot size is approximately 32,670 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, October 14, 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 79 80 81 82 83 84 85 Site Photos 86 87 88 89 90 91 92 93 94 95 96 REPORT TO THE PLANNING COMMISSION Meeting Date: October 23, 2013 Application: ZOA13-0009 Location: Citywide Staff: Brian Babcock, Administrative Analyst I RECOMMENDED ACTION: Approve the attached resolution recommending that the City Council adopt an ordinance that modifies Sections 15-30.050 and 15-30.060 of Chapter 15 (Zoning) of the Saratoga City Code. BACKGROUND: On September 18, the City Council approved a Median Banner Policy. This policy regulates all event banners in City medians, identifies seven locations where individuals or groups can advertise their events, and establishes a new Median Banner application process. The City of Saratoga has had an official Banner Policy since June 1990, but the loss of one of the Italian stone pine trees in Blaney Plaza after a March 2011 storm left a void in the City’s ability to allow for banner advertising of community events. Due to changes in sign regulations in 2012, some local groups have requested approval to advertise their events with signs in City medians through the Special Event Permit process, which staff has granted on a case-by-case basis. However, staff had little say in the construction and placement of these banners as long as they met City sign ordinance requirements. The new policy creates a streamlined alternative to the Special Event Permit process. The policy also gives the City greater control in the placement and construction of event banners in City medians. Attached is a draft ordinance that modifies the Sign Ordinance acknowledging the Median Banner Policy adopted by Council. The draft ordinance modifies Sections 15-30.050 and 15-30.060 of Chapter 15 (Zoning) of the Saratoga City Code. ATTACHMENTS: 1. Resolution recommending that the City Council approve the proposed amendment to Chapter 15 Zoning Regulations with attached Proposed Ordinance. 2. Median Banner Policy Page 1 of 1 97 DRAFT 10/10/13 ORDINANCE __________ AN ORDINANCE AMENDING SECTIONS 15-30.050 AND .060 OF THE SARATOGA CITY CODE CONCERNING SIGNS IN CITY MEDIANS THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS: Findings 1. The City of Saratoga hereby finds it essential to regulate the display of median banner signs within City limits. . A. Medians consist of narrow, gravelly, and/or landscaped strips of land located in the middle of busy, multi-lane thoroughfares. These areas are not safe for general public use, as cars, trucks, and other motor vehicles pass on both sides of and in close proximity to them. Moreover, the City’s medians do not provide adequate space to sit, stand comfortably, or otherwise spend time engaging in expressive activities. Thus, the City’s medians are not conducive to discussion, discourse, or assembly, nor have they traditionally been used for these purposes. B. Under longstanding City policy, no signs or other structures have been allowed in City medians without an encroachment permit. For a short time, the City allowed signs in medians in connection with events that had been issued a Special Event Permit. City medians have never been places where the City has allowed unrestricted signage on all topics. The City now finds it important to adopt a streamlined and specific policy to regulate median banner displays in the City, restricting the former use of this forum for expression. C. This ordinance allows signs in medians that are erected by a public entity and allows non-governmental signs concerning events in Saratoga and otherwise makes no distinction among signs according to their content or the event they promote. Event organizers remain eligible to apply to display banners for events that are non- commercial, held in the City of Saratoga, and open to the public. This limited topic, announcing events in Saratoga, is appropriate for City medians because City residents frequently drive pass them and thus placing announcements at safe locations on medians is a convenient way to inform residents of upcoming events. D. During the limited time it was permitted the installation, display, and removal of median banners, presented potential safety risks. Motor vehicles drive at high speeds in both directions just adjacent to the narrow strips of land that comprise the City’s medians. Each time a median banner was installed or removed under prior procedures, members of the public who sought to display the banners had to do so on narrow median strips. Improperly placed or installed median banners posed potential safety risks by obstructing drivers’ sight lines and distracting drivers. This median banner amendment is necessary to address the safety risks associated with the prior policy. 1 98 DRAFT 10/10/13 E. Excessive signs can lead to visual clutter and a streetscape that is not aesthetically pleasing. On the other hand, median banners can unify and promote community identity by informing and involving all members of the community in civic and special events that are open to the public. The median banner policy serves the City’s interests in promoting community identity and public information, and keeping the City’s streets attractive and clutter-free. F. The City finds that these median banner restrictions best balance the City’s interests and the public’s right of expression, and channel expression into forums designated for that purpose. 2. This ordinance amends provisions of the City’s zoning regulations in Chapter 15 of the Code. These amendments were considered by the Planning Commission of the City of Saratoga and following a duly noticed public hearing on October 23, 2013, the Planning Commission recommended adoption of the ordinance. 3. The City Council of the City of Saratoga held a duly noticed public hearing on November 6, 2013 and after considering all testimony and written materials provided in connection with that hearing, introduced this ordinance. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. Sections 15-30.050 and 15-30.060 of the Saratoga City Code are amended as set forth below. Text to be added is indicated in bold double-underlined font (e.g., bold double-underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is not affected by this ordinance. 15-30.050 Prohibited signs. The following signs are prohibited everywhere within the City: (a) Signs made of reflective material, and signs incorporating flashing or moving parts, except for traffic control signs or devices erected by a governmental entity. Televisions or monitors less than three square feet in area are excluded from this prohibition. (b) Mobile billboard advertising displays. (c) Advertising displays that are painted or attached to a vehicle parked on any property for more than forty-eight hours within a one-week period, if the sign is larger than twenty percent of the body panel (e.g. door, hood, roof) on which it is located. 2 99 DRAFT 10/10/13 (d) Streamers, balloons, flares, pennants, twirlers and similar attention-getting devices on or incorporated into any advertising display. (e) Posters, placards, announcements, and advertisements that are erected on any fence, pole, tree, pavement, wall, bus stop, bench, or any other object permanently affixed in or upon a public highway, public street or public right-of-way except as authorized by section 15-30.060(k). (f) Obscene signs, which are defined as signs containing depictions or representations which: (1) Taken as a whole, the average person, applying contemporary community standards, would find appeals to the prurient interest; (2) Depict or describe, in a patently offensive way, sexual conduct specifically defined by California law; and (3) Taken as a whole, lack serious literary, artistic, political, or scientific value. (g) Signs that obstruct any door, window, fire escape or other egress path from any building. (h) Signs or sign structures that are in streets or travel lanes; conflict with traffic control signs or devices; interfere with, obstruct, or misdirect traffic; impede traffic or pedestrian movement; obstruct the clear view of vehicular or pedestrian traffic; are located in a median at a location other than one authorized by section 15-30.060(k); or otherwise create a pedestrian or vehicular safety hazard. (i) Any signs other than those allowed by this Article. 15-30.060 Signs allowed in any zoning district without a sign permit. The following signs are allowed without a sign permit in any zoning district in the City: (a) Flags, provided that they display only noncommercial messages. The aggregate area of all flags displayed on any lot shall not exceed thirty square feet. No flagpole shall be higher than twenty-five feet. (b) Hand-held signs displaying noncommercial messages. (c) Window signs, provided that the signs do not comprise more than twenty-five percent of the area of any individual window. (d) Temporary special event signs as approved under a special event permit issued per City Code Article 10-10 provided that: (1) No individual sign shall exceed ten feet in height and sixty square feet in area; (2) The signs shall not be illuminated. 3 100 DRAFT 10/10/13 (3) No sign shall be thicker than one-half inch, except for support posts firmly planted in the ground. (4) A special event sign located on private property may incorporate balloons, ribbons, streamers, or other attention-getting devices, provided these devices are not displayed for more than twenty-four consecutive hours at a time, nor more than six twenty-four-hour periods in any one year. (5) No signs shall be located on private property without the permission of the property owner. (e) Temporary noncommercial signs (including, but not limited to, election signs), provided that: (1) No sign shall be displayed for more than seventy-five cumulative days within a one-year period. (2) No sign shall exceed four square feet in area and four feet in height. (3) The sign shall not be illuminated. (4) No sign shall be thicker than one-half inch, except for support posts firmly planted in the ground. (5) A temporary, noncommercial sign located on private property may incorporate balloons, ribbons, streamers, or other attention-getting devices, provided these devices are not displayed for more than twenty-four consecutive hours at a time, nor more than six twenty-four-hour periods in any one year. (6) No signs shall be located on private property without the permission of the property owner. (7) No sign shall be located on any median, street, travel lane or on any sidewalk where it impedes pedestrian travel. (f) Temporary signs on lots with active construction. In addition to the temporary, noncommercial signs allowed pursuant to subsection 15-30.060(e), up to two temporary, nonilluminated on-site or noncommercial signs on any active construction site, provided that: (1) The sign shall be located on the same lot as the construction project. (2) One sign may be freestanding, but in such case shall not exceed six feet in height. (3) One sign may be located on a construction fence. (4) No sign shall exceed fifteen square feet in area. (g) Banners on light poles erected or cosponsored by a governmental entity. 4 101 DRAFT 10/10/13 (h) Traffic control signs and devices erected by a government entity. Lots with a parking area exceeding ten spaces may have up to four signs for every ten parking spaces, where each sign shall not exceed two square feet in area and four feet in height. (i) Utility location signs, utility identification signs, and utility markers erected by a governmental entity. (j) City entrance signs. One permanent sign adjacent to an arterial street at each entrance to the City. The total sign area of each sign shall not exceed fifty square feet. (k) City median signs. Temporary signs in medians erected by a government entity at locations and in such numbers and sizes approved by the City Manager. The City Manager shall determine safe locations, numbers, and sizes for City median signs, and shall make this information available to the public. Temporary signs displayed by others at these approved locations are permissible if: (1) No government entity is displaying its own sign(s) at the approved location(s); (2) An application has been submitted to the City Manager to locate non-government signs at the approved locations and the City Manager has authorized the use, pursuant to procedures established by the City Council or City Manager; (3) Temporary signs are non-commercial and announce events that (1) are non- commercial; (2) will be held in Saratoga; (3) are open to the general public and (4) are held by either (a) a non-profit organization ;(b) an individual or group without charge; or (c) an individual or group with a charge for the purpose of cost-recovery or raising funds on behalf of a non-profit organization. (4) The temporary signs comply with such other requirements as may be adopted by the City Council or City Manager regarding the duration, size, installation and related matters other than the content of the sign. Section 2. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance regardless of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. California Environmental Quality Act The proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. 5 102 6 DRAFT 10/10/13 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, Staff is recommending amendments to the existing City Code and related sections and additions of provisions and reference appendices to the existing Code; the amendments and additions would have a de minimis impact on the environment. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly notice public meeting the foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 6th of November, and was adopted by the following vote following a second reading on the 20th of November. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Jill Hunter Crystal Morrow MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA Saratoga, California Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY 514638.2 103 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO: 13-040 Application ZOA13-0009 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, the City Council approved a Median Banner Policy on September 18, 2013. This policy regulates all event banners in City medians, identifies seven locations where individuals or groups can advertise their events, and establishes a new Median Banner application process. Modifications to the Sign Ordinance acknowledge the Median Banner Policy adopted by the City Council. The proposed amendments to Code Sections 15-30.050 and 15-30.060 are shown in Attachment 1. WHEREAS, on October 23, 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 that 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. 104 2 Application No. ZOA13-0009 PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 23rd day of October 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission Attachment: 1. Proposed Amendments to Sections 15-30.050 and 15-30.060 of the Zoning Code 105    1  Median Banner Policy    The City of Saratoga owns and maintains medians in City streets and uses seven  locations in these medians for banners to promote community identity and civic  pride, beautify City streets, and inform the public of community events. The City  does not post banners in these medians at all times. For median banner locations  ot being used for a City‐sponsored banner, private banners are allowed in n accordance with this policy.      The following policy describes the City’s procedures for banners in the seven  identified City medians. No encroachment or other authorization for private use of  ity property shall be issued to allow banners or signs in any median except in C accordance with this policy.    This policy is administered by the City Manager’s Office. All references to the City  efer to the City Manager or a person designated by the City Manager in writing to r administer this policy.    The Median Banner Policy furthers the goals of the City’s sign regulations found at  City Code Article 15‐30.10. This section of City Code states that sign regulations are  intended to assure use of high‐quality signs, prevent sign clutter, highlight city  ctivities, protect public safety by reducing traffic and safety hazards, and provide a  easonable system of sign control.  a r   Policy Goals  •   Help inform residents and others of events in Saratoga that are open to the  public.  • ga Offer event organizers an additional opportunity to promote their Sarato events.  • Preserve the City’s aesthetic beauty by establishing guidelines for event  banners and offering appropriate areas in City medians to inform the public  of community events in Saratoga.  • Maintain roadway safety by establishing a clear and concise policy for proper  placement of private banners in City medians.                      106    2  Policy Process and Requirements    he following Median Banner Policy Matrix specifies the requirements event  rganizers need to meet in order to have their banners placed in City medians.   T o   Item Requirements  Median Banner Locations 1) Intersection of Fruitvale Avenue and  Allendale Avenue  2)Saratoga‐Sunnyvale Road near Walnut  Avenue  3)Saratoga‐Sunnyvale Road near Prospect  Road  lumas 4)Prospect Road and Highway 85 (near P ive  Drive)  5)Saratoga Avenue near Westview Dr 6)Saratoga Avenue near Highway 85  Intersection  ) Intersection of Saratoga Avenue and 7 Fruitvale Avenue    (Map of locations attached)    Private banners may be placed in some or all of   these locations when the location is not being used by the City.  Permissible Banners Private banners placed in City medians must  announce an event that (1) is non‐commercial;  (2) will be held in Saratoga; (3) is open to the  general public and (4) is held by either (a) a non‐ profit organization; (b) an individual or group  without charge; or (c) an individual or group  with a charge for the purpose of cost‐recovery or  raising funds on behalf of a non‐profit  organization.  A non‐commercial event is an  the event that does not promote a business or  sale of a good, service, or other commodity.  Duration of Banner Posting Private median banners may be posted no  earlier than 14 days before the date of the event.   Banner Size and Other  Requirements  To ensure that banners are highly effective and  meet City requirements:    a) Banners must be between two‐and‐a‐half  t (2½) to three‐and‐a‐half (3½) feet in heigh and five (5) to six (6) feet in length.  b) Banners must be made from a heavy‐duty  107    3  canvas or vinyl material.  c) One‐half (1/2) inch inside diameter metal  s grommets are to be placed at all four corner of the banner.  d) Half moon cuts must be made in banners to  allow for proper airflow to prevent ripping  and/or tearing.  e)Banners must be two‐sided so as to be seen  from both directions of traffic.  f) Banners may not include reflective material,  flashing or moving parts, streamers, balloons,  ts, twirlers or similar  ing devices.   flares, pennan attention‐gett Application Process Applicants must:    a) Submit an application for use of one or more  of the median banner locations at least 10  City business days in advance of the  proposed date for installation.  The   application shall be on the form developed by the City Manager for that purpose.  b) Applications may be submitted no more than  six (6) months in advance of the date that the  banner is proposed for installation.   Applications that do not conflict with dates  and locations of City signs on the schedule  approved by the City Manager at the time the  application is received will be accepted on a  first come‐first served basis. If multiple  applications for the same banner location for  the same day received on the same day, the  conflict shall be resolved by a random  drawing. For the purpose of this policy, the  day an application is received is the first City  business day that City staff have an  opportunity to review the application (for  example, an e‐mail sent on a Sunday and a  letter delivered on a Friday when the City  offices are closed would both be considered  to be received on the first day that the City  h offices are open following the date on whic the e‐mail was sent or letter delivered).   c) The application shall be accompanied by a  fee of $30 per location.  Payment must be  received to reserve banner locations. The fee  108    4  shall be refunded if the application is not  approved.  d) The City Manager shall determine the days  that each of the median banner locations will  be used by the City and make the schedule  available to interested members of the  public.  Banner Hanging and Removal a) Banners must be submitted to the City  Manager’s Office no later than three (3) City  business days before they are to be installed.  Banners that do not meet the requirements  d set forth in this policy will not be hung an will be returned to the applicant.  b) Banners will be removed by City staff no  r more than two (2) City business days afte the event date.   c) The City will notify event organizers that  their banners are ready to be claimed.  Banners must be claimed within five (5) City  business days once organizers have been  notified. Banners not claimed within that   time may be disposed of at the discretion of the City Manager’s Office.  Annual Exception During the 14 days prior to the first Sunday in  May private event banners may be placed in City  edians other than the locations described m above as follows:    a) The alternative locations have been  designated by the City Manager as alternative  sites that, for the limited duration of the posting,  y’s are consistent with the purposes of the Cit sign ordinance.  b) The banner size, structural design, and  hanging and removal procedures meet criteria  approved by the City Manager to assure that for  the limited duration of the posting, the banners  are consistent with the purposes of the City’s  sign ordinance.  c) The City Manager shall specify the alternative  locations and the size/structural/hanging and  removal procedure requirements referenced  above no later than November 15 of each year.  d) Applicants must show proof of insurance that  satisfies the City’s standard insurance  109    5  requirements.  e) Applicants shall follow the application process  described above except that if the applicant  proposes to hang and remove the banners in the  alternative locations no fee shall be required.  Liability The City of Saratoga assumes no responsibility of  the loss, theft, or damage to banners or loss,  damage, or injury caused by the banners.    110 REPORT TO THE PLANNING COMMISSION Meeting Date: October 23, 2013 Application: General Plan / Zoning Amendment - GPA13-0004 Location / APN: 503-82-006, 503-19-122, 517-08-048 Owner/Applicant: City of Saratoga Staff Planner: Michael Fossati PROJECT DESCRIPTION: The City is requesting that the Planning Commission review corrections to the General Plan and Zoning designations for certain properties that were inadvertently modified when the General Plan and Zoning maps were changed from AutoCAD format into ArcGIS format. Staff has requested the project be continued to the meeting of November, 12, 2013 in order to prepare adequate noticing. Page 1 of 1 111