The URL can be used to link to this page

Home My WebLink About01-22-14 Planning Commission Agenda PacketTable of Contents Agenda 2 November 13, 2013, December 11, 2013 & January 8, 2014 November 13, 2013 4 December 11, 2013 7 January 8, 2014 10 Update of the General Plan Noise Element (GPA13-0002), updates to various City Code articles related to noise control (ZOA13-0012), and a Negative Declaration (ENV13-0006). Staff Contact: Christopher Riordan, AICP (408)868-1235 Staff Report 13 Attachment 1 - Resolution 16 Exhibit 1A - Negative Declaration 19 Exhibit 1B - Noise Element 50 Exhibit 1C - Ordinance 74 Attachment 2 - Summary of Community Noise Issues 87 Attachment 3 - Summary of email commends received 88 Attachment 4 - Correspondance Received since Nov 12, 13 90 Application ZOA13-0005; City of Saratoga. Update to the Single Family Residential Design Review Handbook and updates to the City Code including a new section regarding front yard landscaping; a new section regarding outdoor lighting fixtures; and amendments to Articles 15-11, 15-12, 15-13, 15-20, 15-45, and 15-80. Staff Contact: Cynthia McCormick (408) 868-1230. staff report 108 Attachment 1 - resolution 113 Exhibit B - Design Review code changes 115 Attachment 2 - design review process 128 Attachment 3 - compatibility survey 130 Application ASP13-0001; 21000 Big Basin Way (517-36-009); Hakone Foundation - Two new free-standing signs would replace the existing free-standing sign near the main entrance that intersects with Big Basin Way. Staff Contact: Cynthia McCormick (408) 868-1230. staff report 131 resolution 133 plans 137 1 AGENDA REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, January 22, 2014 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 November 13, 2013, December 11, 2013 & January 8, 2014 COMMUNICATIONS FROM COMMISSION & PUBLIC Oral Communications on Non-Agendized Items Any member of the Public will be allowed to address the Planning Commission for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk within fifteen (15) calendar days of the date of the decision. PUBLIC HEARING All interested persons may appear and be heard at the above time and place. Applicants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing statements. 1. Update of the General Plan Noise Element (GPA13-0002), updates to various City Code articles related to noise control (ZOA13-0012), and a Negative Declaration (ENV13-0006). Staff Contact: Christopher Riordan, AICP (408)868-1235 Recommended action: Adopt a resolution recommending that the City Council 1. Adopt a Negative Declaration 2. Approve an update to the General Plan Noise Element 3. Adopt an ordinance which includes updates to Articles 7-30 (Noise Control) and changes to Chapter 15 of the City Code 2. Application ZOA13-0005; City of Saratoga. Update to the Single Family Residential Design Review Handbook and updates to the City Code including a new section regarding front yard landscaping; a new section regarding outdoor lighting fixtures; and amendments to Articles 15-11, 15-12, 15-13, 15-20, 15-45, and 15-80. Staff Contact: Cynthia McCormick (408) 868-1230. 2 Recommended action: Adopt the attached resolution recommending that the City Council: 1) Approve the update to the Single- Family Residential Design Review Handbook; and 2) Adopt an ordinance which includes two new sections to the City Code regarding front yard landscaping and outdoor lighting fixtures; amends sections of the city code related to design review and makes clarifying edits related to standards for residential structures NEW BUSINESS Application ASP13-0001; 21000 Big Basin Way (517-36-009); Hakone Foundation - Two new free- standing signs would replace the existing free-standing sign near the main entrance that intersects with Big Basin Way. Staff Contact: Cynthia McCormick (408) 868-1230. Recommended action: Adopt Resolution No. 14-002 approving the project subject to conditions of approval. DIRECTOR/COMMISSION COMMUNICATION ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning Commission by City Staff in connection with this agenda are available at the office of the Community Development at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the Planning Commission concurrently with the posting of the agenda are also available on the City website at www.saratoga.ca.us. Any materials distributed by staff after the posting of agenda are available for public review at the Community Development Department at the time they are distributed to the Planning Commission. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). CERTIFICATE OF POSTING OF AGENDA I, Abby Ayende, Office Specialist III for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission was posted and available for public review on January 16, 2014 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. You can also sign up to receive email notifications when Commission agendas and minutes have been added to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp. NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 3 ACTION MINUTES REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, November 13, 2013 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA & ZHAO ABSENSES -None APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of October 23, 2013(ZHAO/BERNALD MOVED TO APPROVE THE MINUTES. Motion passed. Ayes: Almalech, Grover, Hlava, Smullen & Walia. Noes: None. Absent: None. Abstain: None. 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 CUP09-0014; 12230 Saratoga-Sunnyvale Rd (386-30-039); Time-Space Investment Development LLC; The Planning Commission requested a review of the conditional use permit that was approved on October 14th, 2009 for an indoor swimming facility. Staff Contact: Cynthia McCormick (408) 868-1230. Action: ALMALECH/BERNALD DIRECTED STAFF TO REPORT BACK TO THE PLANNING COMMISSION IN MAY 2014 WITH THE FOLLOWING: 1) Compliance status of all conditions of approval placed on the project 2) A safety review, conducted by the City Traffic Engineer, of the turning movements of vehicles entering and leaving the project’s two driveways at Saratoga-Sunnyvale Road. 3) Traffic accident statistics on the property and for the segment of Saratoga-Sunnyvale Road in front of the property. 4) Review the conditional use permit and determine whether any action is necessary. MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA & ZHAO. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE 4 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 CUP13-0003; 14500 Fruitvale Avenue (397-12-016); California Odd Fellows Foundation / City of Saratoga - The City of Saratoga on behalf of the California Odd Fellows Foundation is requesting approval to modify the existing Conditional Use Permit for the California Odd Fellows Foundations Fellowship Plaza to accommodate 75 additional residential units affordable to low and very-low income households to help the City meet the mandated regional housing requirements. Staff Contact: Christopher Riordan (408)868-1235. Action: BERNALD/SMULLEN MOVED TO ADOPT RESOLUTION NO. 13-042 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSES. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA & ZHAO. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 2. Application GPA13-0004; Paramount Drive and 14626 Big Basin Way (503-82-006 & 517-08-048); City of Saratoga - The proposed General Plan amendment would allow the City to correct the General Plan and Zoning designations of the aforementioned properties on the existing General Plan and Zoning Map. Staff Contact: Michael Fossati (408)868-1212 Action: ZHAO/GROVER MOVED TO ADOPT RESOLUTION NO. 13-037 RECOMMENDING THE CITY COUNCIL APPROVE THE GENERAL PLAN AND ZONING AMENDMENTS. MOTION PASSES. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA & ZHAO. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 3. Application PDR13-0008; 14496 Nutwood Lane (397-17-0520); Jay and Lin 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 Action: BERNALD/WALIA MOVED TO TABLE THE ITEM. MOTION PASSES. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA & ZHAO. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. DIRECTOR/COMMISSION COMMUNICATION HLAVA/BERNALD REQUESTED STAFF TO AGENDIZE A DISCUSSION OF EXCUSED AND UNEXCUSED ABSENCES. MOTION PASSES. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA & ZHAO. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning Commission by City Staff in connection with this agenda are available at the office of the Community Development at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the Planning Commission concurrently with the posting of the agenda are also available on the City website at www.saratoga.ca.us. Any materials distributed by staff after the posting of agenda are available for public review at the Community Development Department at the time they are distributed to the Planning Commission. 5 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 November 7, 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 ACTION MINUTES REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, December 11, 2013 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA & ZHAO ABSENSES -None APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of November 13, 2013 - No Action COMMUNICATIONS FROM COMMISSION & PUBLIC Oral Communications on Non-Agendized Items Any member of the Public will be allowed to address the Planning Commission for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk within fifteen (15) calendar days of the date of the decision. PUBLIC HEARING All interested persons may appear and be heard at the above time and place. Applicants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing statements. 1. Applications PDR13-0025, CUP13-0005, & SUB13-0003; 12250 Saratoga-Sunnyvale Road (386-30- 036,037,038); TimeSpace Square LLC - The applicant is requesting Design Review, Conditional Use Permit, and Subdivision approval for the demolition of three existing single-story light industrial buildings and the construction of one commercial / retail building, approximately 1,835 sq. ft. in size and 20 feet in height and twelve residential townhomes, approximately 2,500 sq. ft. in size and 26 feet in height. The project is in conformance with City standards for height, setbacks, floor area, and site coverage. Staff Contact: Michael Fossati (408) 868-1212. Action: BERNALD/ALMALECH MOVED TO ADOPT RESOLUTION NO. 13-043 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA & ZHAO. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 7 2. Applications PDR13-0024, CUP13-0006, & VAR13-0005; 12540 Saratoga Avenue (386-11-005); Victor Kasik – The applicant is requesting Design Review, Conditional Use Permit and Variance approval for the construction of a new 400 square foot detached garage within a rear setback. Variance approval is required because the applicant is proposing a 10 foot wide driveway when the City code requires a driveway width of 12 feet. The project is conformance with City standards for height, setbacks, floor area and site coverage. Staff Contact: Michael Fossati (408) 868-1212. Action: BERNALD/WALIA MOVED TO ADOPT RESOLUTION NO. 13-041 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA & ZHAO. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 3. Application PDR13-0009; 19231 Monte Vista Avenue (397-09-015); Hung and Tina Nguyen / TDH Design - The applicant requests Design Review approval to replace an existing 3,540 square foot home with a new 5,915 square foot single-story home. Staff Contact: Cynthia McCormick (408) 868-1230. Action: BERNALD/GROVER MOVED TO ADOPT RESOLUTION NO. 13-044 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN & WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: ZHAO. 4. Application PDR13-0012; Saratoga Vista Avenue (393-39-025); Li / Timeline Design - The applicant requests Design Review approval to construct a new 3,348 square foot two-story home on a vacant lot. Staff Contact: Cynthia McCormick (408) 868-1230. Action: BERNALD/WALIA MOVED TO ADOPT RESOLUTION NO. 13-035 DENYING THE PROJECT. MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER & WALIA. NOES: HLAVA, SMULLEN & ZHAO. ABSENT: NONE. ABSTAIN: NONE. 5. Application ZOA13-0010–Zoning Amendment for Single Room Occupancy Buildings(SRO); City of Saratoga - California Senate Bill 2 (SB2) requires General Plan Housing Elements to include polices for the provision of transitional housing opportunities often referred to as Single-Room Occupancy (SRO) housing. The City's Housing Element includes a policy that the City amend the zoning code to encourage and facilitate Single-Room Occupancy Units consistent with State law. Staff Contact: Christopher Riordan (408)868-1235 Action: ALMALECH/BERNALD MOVED TO ADOPT THE RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING SECTION 15-19.035 (C-N(RHD)) TO ESTABLISH DEVELOPMENT STANDARDS FOR SINGLE ROOM OCCUPANY BUILDINGS. MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA & ZHAO. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 8 NEW BUSINESS Discussion of excused and unexcused absences. Action: GROVER/ALMALECH MOVED TO ESTABLISH CRITERIA FOR EXCUSED ABSENCES. 1. It is a result of a commissioner's illness; 2. It is a result of an emergency or an illness or hospitalization of a spouse, child or other relative; 3. It is a result of a death in the commissioner's family; 4. It is required by the commissioner's employment; 5. It was requested once a year for a personal reason, as long as advanced notice is given; 6. It was requested once a year for vacation, as long as advanced notice is given. MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA & ZHAO. NOES: NONE. ABSENT: NONE. 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 December 5, 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 9 ACTION MINUTES REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, January 08, 2014 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA & ZHAO ABSENSES - None APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of November 13, 2013 and December 11, 2013 Action: BERNALD/GROVER MOVED TO CONTINUE THIS ITEM TO JANUARY 22, 2014 MEETING. MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA & ZHAO. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. COMMUNICATIONS FROM COMMISSION & PUBLIC Oral Communications on Non-Agendized Items Any member of the Public will be allowed to address the Planning Commission for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk within fifteen (15) calendar days of the date of the decision. PUBLIC HEARING All interested persons may appear and be heard at the above time and place. Applicants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing statements. 1. Application APTR13-0002 - An appeal of the City Arborist's denial of Tree Removal Permit (TRP13-0323) to remove one coast live oak tree located on a vacant parcel (APN 503-18-002) at the corner of Saratoga Sunnyvale Road and Pierce Road. Staff Contact: Kate Bear, 408-868-1276 Action: ZHAO/GROVER MOVED TO ADOPT THE RESOLUTION DENYING THE APPEAL AND THE REMOVAL OF THE COAST LIVE OAK TREE. MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, SMULLEN, WALIA & ZHAO. NOES: HLAVA. ABSENT: NONE. ABSTAIN: NONE. 10 2. Update of the General Plan Noise Element (GPA13-0002), updates to various City Code articles related to noise control (ZOA13-0012), and a Negative Declaration (ENV13-0006). Action: BERNALD/GROVER MOVED TO CONTINUE THIS ITEM TO JANUARY 22, 2014 MEETING. MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA & ZHAO. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 3. Application MOD13-0012; 15100 Park Drive (510-01-190) Singh – The applicant requests a modification to a previously approved Design Review application (PDR11-0024) to paint the exterior of a new two story single-family home a different color than was originally approved. The net site area is 28,488 square feet and the site is zoned R-1-20,000. Staff Contact: Christopher Riordan, 408-868-1235. Action: HLAVA/BERNALD MOVED TO ADOPT RESOLUTION NO. 13-048 DENYING THE EXTERIOR COLOR OF THE RESIDENCE AND DIRECTED STAFF TO WORK WITH THE OWNER TO SELECT A DARKER COLOR THAT WOULD MATCH THE TRIM AND STONE VENEER MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN, WALIA ZHAO. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 4. Application PDR13-0018; 20269 Seagull Way (386-52-017); Eric Pang & Ying Wang - The applicant requests Design Review approval to demolish an existing 2,056 existing two story residence and construct a new 3,199 square foot two story single-family residence and related site improvements located at 20269 Seagull Way. Staff Contact: Christopher Riordan, 408 868-1235. Action: BERNALD/GROVER MOVED TO ADOPT RESOLUTION NO. 13-046 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN & WALIA. NOES: NONE. ABSENT: ZHAO. ABSTAIN: NONE. 5. Application PDR13-0019; 14870 Baranga Ln. (397-18-035) Wu – The applicant requests Design Review approval to demolish an existing single-family residence and construct a new 4,240 sq. ft. one story single- family residence with a 2,224 sq. ft. basement. The height of the new residence will not exceed 22 feet. Three protected trees have been reviewed by the City Arborist and are proposed to be removed. The net site area is 1.03 acres and zoned R-1-40,000. Staff Contact: Michael Fossati 408-868-1212. Action: ALMALECH/WALIA MOVED TO ADOPT RESOLUTION NO. 13-047 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES: ALMALECH, BERNALD, GROVER, HLAVA, SMULLEN & WALIA. NOES: NONE. ABSENT: ZHAO. 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 11 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 January 2, 2014 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 12 REPORT TO THE PLANNING COMMISSION Meeting Date: January 22, 2013 Application: GPA13-0002 / ZOA13-0012 / ENV13-0006 General Plan Noise Element / Noise Ordinance Update Location City Wide Owner/Applicant: City of Saratoga Staff Planner: Christopher Riordan RECOMMENDED ACTION: Recommend the Planning Commission adopt the attached resolution recommending that the City Council 1. Adopt a Negative Declaration. 2. Approve an update to the General Plan Noise Element 3. Adopt an ordinance which includes updates to Articles 7-30 (Noise Control), and various changes to Chapter 15 of the Saratoga City Code. BACKGROUND: January 8, 2014 meeting On January 8, 2014, the Planning Commission opened and closed the public hearing, received public testimony and discussed the update to the City’s General Plan Noise Element and an ordinance which includes various changes to Chapter 15 of the City Code including an update to Article 7-30 (Noise Control). The Commission continued their discussion to the meeting of January 15, 2014. Community Meetings The Community Development Department held two community meetings to provide the public the opportunity to discuss noise issues affecting the community. The first meeting was held on August 20, 2013 at the Fireman’s Hall on Oak Street and the second meeting was held on August 27, 2013 at the Saratoga Library. Both meetings were well attended by the public. A summary of the noise related issues discussed during the meetings is included as Attachment #2 Staff has also received numerous emails related to noise issues and a summary of these comments is included as Attachment #3 13 ZOA13-0006 Planning Commission Study Sessions In addition to the community meetings, the Planning Commission held two public study sessions to review the Noise Element and the Noise Ordinance. Notice of these sessions was provided to all interested parties as well as posted on a dedicated Noise Element Update web page. At the October 8, 2013 Study Session, the Planning Commission reviewed the noise policies of the existing General Plan Noise Element. This discussion also included a review of the update traffic noise contour maps and a review of the public comments that had been received to date. The Commission also provided an opportunity for the public to comment. At the November 12, 2013 Study Session, the Commission reviewed and commented on the existing Noise Ordinance and reviewed the initial draft of the revised General Plan Noise Element. The Commission’s discussion of the draft Noise Element included a review of updated text, tables, and revised Goals, Policies, and Implementation Measures. The Commission also provided an opportunity for the public to comment. DISCUSSION: Noise Element The draft Noise Element includes updated text, table, and revised Goals, Policies, and Procedures and incorporates the Commission comments from the two Study Sessions. One of the more significant changes in the Element is the simplification of the goals to convert much of the detail contained within the goals to policies and implementation procedures. Also included in the revised Element is a discussion of environmental noise fundamental such the frequency spectrum of sound, the variation of sound with time, the human perception of sound levels, and the effects of noise on people. Noise Ordinance The purpose of the Noise Ordinance is to implement the goals and policies contained in the General Plan Noise Element and the City uses the Noise Ordinance as an enforcement tool to regulate noise to preserve the quiet residential atmosphere of the City. During the Planning Commission’s discussion of the Noise Ordinance, the Commission continually referred back to the community’s noise concerns. The draft Noise Ordinance includes new regulations to address noise from barking dogs and other animals. Another significant change to the draft Noise Ordinance included removing “ambient” as a method of measuring background noise. This was replaced with “Leq” which is the measure of noise over a set period of time at the location of the noise event. The existing Noise Element included Noise Standards expressed in dBA for various land uses that lacked clarity and increased the difficulty of noise enforcement. The revised standards, included in Section 7-30.040 of the draft Noise Element, include the more accurate method of Leq to depict the average permissible noise levels for each land use category as well as Lmax to limit the maximum noise level. Page 2 of 3 14 ZOA13-0006 Page 3 of 3 Figure NE-1 in the draft Noise Element illustrates common sound levels including a jackhammer which can reach 100 dB at 25-feet away. The current Noise Ordinance permits construction noise up to 83 dBA measured 25-feet away which would be very difficult to meet with common mechanical construction equipment. Therefore, staff is recommending increasing the allowance for construction noise to 100 dBA measured 25-feet away. Staff has made additional text refinements to the Ordinance since the January 8, 2014 meeting. These changes include: - Removing the 83 dBA default noise limit for exceptions for specific activities, Section 7- 30.060, since each exception as listed includes its own regulations. - Restructuring the regulations on animal noise, Section 7-30.060(f), based on direction from the Commission. - Relocating the noise regulations related to the Set Up and Cleaning of Commercial Establishments, Section 7-30.060(f), from the list of activities that can exceed the noise standards to the General Regulations for Commercial Districts, Section 15-19.020(j). Initial Study/Negative Declaration of Environmental Impacts The update to the General Plan Noise Element is subject to California Environmental Quality Act (CEQA) review. An Initial Study and Negative Declaration were prepared pursuant CEQA requirements and it was determined that the adoption of the revised Noise Element would not have a potentially significant effect on the environment. A Notice of Intent Negative Declaration was published in the Saratoga News and filed with the County Recorder for a public review period from December 17, 2013 through January 6, 2014. A copy of the Initial Study / Negative Declaration is included as Attachment #1A ATTACHMENTS: 1. Resolution for Approval with the following Attachments. • Exhibit A – Negative Declaration • Exhibit B – Noise Element • Exhibit C – Ordinance 2. Summary of Noise Issues from the two Community Meetings 3. Summary of the email comments received regarding noise impacts prior to the Community Meetings. 4. Correspondence received since November 12, 2013. 15 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO: 13- Applications GPA13-0002, ZOA13-0012, and ENV13-0006 Update of the General Plan Noise Element including updates to Articles 7-30 (Noise Control), 15-11 (Agricultural District), 15-18 (Professional Administrative), 15-19 (Commercial), 15-55 (Conditional Use Permits) and 15-80 (Miscellaneous Regulations) and a Negative Declaration of Environmental Impacts The City of Saratoga Planning Commission finds and determines with respect the above described application: WHEREAS, the Noise Element is one of seven general plan elements mandated by state law and its contents are specified in Section 65302(f) of the California Government Code; and WHEREAS, the purpose of the Noise Element is to characterize existing and potential future environmental noise levels for use in various land-use planning processes and is intended to be used by the community in the goal of preserving the quiet residential environment of Saratoga. This is done by controlling noise in all zoning districts to levels that are compatible with existing and future land uses; WHEREAS, the Community Development Department in association with Charles M. Salter Associates, Incorporated have prepared updates to the General Plan Noise Element and Article 7-30 (Noise Control) of the City Code; and WHEREAS, a purpose of Article 7-30 (Noise Control) of the City Code is to implement the goals and policies contained in the Noise Element, and WHEREAS, modification to Articles 15-11 (Agricultural District), 15-18 (Professional Administrative), 15-19 (Commercial), 15-55 (Conditional Use Permits) and Article 15-80 (Miscellaneous Regulations) would provide consistency within the City Code; and WHEREAS, public participation opportunities were provided through several means including, two community meetings, two Planning Commission study sessions, and the City of Saratoga Website; and WHEREAS, on January 8, 2014, the Planning Commission held a duly noticed Public Hearing on the draft Noise Element and amendments to Article 7-30 (Noise Control) and continued their discussion to the meeting of January 15, 2014, and WHEREAS, on January 15, 2014, the Planning Commission held a duly noticed Public Hearing on the draft Noise Element and amendments to Article 7-30 (Noise Control) 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 draft Noise Element and amendments to the 16 2 City Code, the Staff Report, CEQA documentation, correspondence, presentations from the public, and all testimony and other evidence presented at the Public Hearing, and WHEREAS, environmental review was completed in the form of an Initial Study and it was determined that the proposed adoption of the Noise Element and the amendments to the City Code would not result in potential significant impacts on the environment and a Negative Declaration was prepared. The Initial Study and Negative Declaration were duly noticed and circulated for a 20-day public review period from December 17, 2013 through January 6, 2014 and represents the City’s independent judgment and analysis. WHEREAS, the Planning Commission recommends that the City Council find that the Noise Element Update is consistent with the City of Saratoga General Plan; and NOW, THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth are true and correct and incorporated herein by reference. Section 2: The legislation described in the recitals is subject to the California Environmental Quality Act (CEQA) and the Planning Commission has recommended that the City Council adopt a Negative Declaration for the Project. 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 adopt a Negative Declaration of Environmental Impacts (Exhibit A), an updated Noise Element (Exhibit B), and amendments to Articles 7-30 (Noise Control), 15-11 (Agricultural District), 15-18 (Professional Administrative), 15-19 (Commercial),15-55 (Conditional Use Permits) and 15-80 (Miscellaneous Regulations) of the City Code (Exhibit C). PASSED AND ADOPTED by the City of Saratoga Planning Commission this 22nd day of January 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Joyce Hlava Chair, Planning Commission Exhibit A – Negative Declaration Exhibit B – Noise Element Exhibit C – Ordinance 17 3 18 Initial Study and Negative Declaration City of Saratoga Noise Element Prepared for The City of Saratoga By December 10, 2013 ! ! ! ! 19 City of Saratoga Noise Element Initial Study/Negative Declaration 1-2 1 Introduction 1.1 Initial Study/Negative Declaration This%Initial%Study/Negative%Declaration%has%been%prepared%in%accordance%with%the% California%Environmental%Quality%Act%(CEQA),%which%can%be%found%in%the%California% Public%Resources%Code%Section%21000%et%seq.,%and%the%CEQA%Guidelines%found%in% California%Code%of%Regulations%Title%14,%Chapter%3,%Section%15000%et%seq.,%as%amended.% % Pursuant%to%CEQA%Guidelines%Section%15074%(California%Code%of%Regulations%Title%14,% Chapter%3)%when%considering%adoption%of%a%Negative%Declaration%the%Lead%Agency%is% bound%by%the%following:% A. Any%advisory%body%of%a%public%agency%making%a%recommendation%to%the%decisionS making%body%shall%consider%the%proposed%negative%declaration%before%making%its% recommendation.% B. Prior%to%approving%a%project%the%Lead%Agency%shall%consider%the%proposed% negative%declaration%together%with%any%comments%received%during%the%public% review%process.%The%decisionSmaking%body%shall%adopt%the%proposed%negative% declaration%only%if%it%finds%on%the%whole%of%the%record%before%it%that%there%is%no% substantial%evidence%that%the%project%will%have%a%significant%effect%on%the% environment%and%that%a%negative%declaration%reflects%the%Lead%Agency’s% independent%judgment%and%analysis.% C. When%adopting%a%negative%declaration,%the%Lead%Agency%shall%specify%the%location% and%custodian%of%the%documents%or%other%material%which%constitute%the%record%of% proceedings%upon%which%its%decision%is%based.% D. When%adopting%a%negative%declaration,%the%Lead%Agency%shall%also%adopt%a% program%for%reporting%on%or%monitoring%the%changes%which%it%has%either%required% in%the%Project%or%made%a%condition%of%approval%to%avoid%or%mitigate%significant% environmental%impacts.% E. A%Lead%Agency%shall%not%adopt%a%negative%declaration%for%a%project%within%the% boundaries%of%a%comprehensive%airport%land%use%plan%or,%if%a%comprehensive% airport%land%use%plan%has%not%been%adopted,%for%a%project%within%two%nautical% miles%of%a%public%use%airport,%without%first%considering%whether%the%project%will% 20 City of Saratoga Noise Element Initial Study/Negative Declaration 1-3 result%in%a%safety%hazard%or%noise%problem%for%persons%using%the%airport%or%for% persons%residing%or%working%in%the%project%area.%% In%the%case%of%the%Proposed%Project,%advisory%board%is%the%Planning%Commission%and%the% decision%making%body%is%the%City%Council%of%Saratoga.%% LEAD AGENCY/CONTACT The%Lead%Agency%for%this%Initial%Study/Negative%Declaration%is%the%City%of%Saratoga.% During%the%20Sday%comment%period,%please%mail%comments%on%this%Initial%Study/% Negative%Declaration%to%the%project%manager%for%the%Lead%Agency%at%the%following% address:% City%of%Saratoga;%Planning%Division% Christopher%Riordan%AICP,%Senior%Planner% 13777%Fruitvale%Avenue% Saratoga,%CA%95070% ! 1.2 Project Information PROJECT TITLE General%Plan%Noise%Element%Update% LEAD AGENCY NAME AND ADDRESS City%of%Saratoga;%Planning%Division% 13777%Fruitvale%Avenue% Saratoga,%CA%95070% CONTACT PERSON Christopher%Riordan%AICP,%Senior%Planner% PROJECT LOCATION City%of%Saratoga% PROJECT SPONSOR NAME City%of%Saratoga;%Planning%Division% 21 City of Saratoga Noise Element Initial Study/Negative Declaration 1-4 GENERAL PLAN DESIGNATION Citywide% ZONING Citywide% % BRIEF DESCRIPTION OF PROJECT The%proposed%project%is%an%update%to%the%City’s%existing%Noise%Element.%The%Noise% Element%is%a%mandatory%element%of%the%General%Plan,%as%required%by%§%65302(f)%of%the% California%Government%Code.%The%Noise%Element%must%analyze%and%quantify%current%and% project%noise%levels%that%contribute%to%the%community%noise%environment.%%The%Noise% Element%is%intended%to%be%used%by%the%community%for%the%goal%of%preserving%the%quire% residential%environment%of%Saratoga,%by%controlling%noise%in%all%zone%districts%to%levels% that%are%compatible%with%existing%and%future%land%districts.%% % OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED None.%However,%the%City%will%submit,%as%required,%the%Initial%Study/Negative%Declaration% for%the%Noise%Element%and%the%draft%Noise%Element%itself%to%other%potentially%interested% government%agencies%at%the%local,%regional,%state%and%federal%levels%for%their%review%and% comment.%% % %% 22 City of Saratoga Noise Element Initial Study/Negative Declaration 1-5 1.3 Environmental Factors Potentially Affected Environmental%factors%that%may%be%affected%by%the%Project,%as%defined%by%the%California% Environmental%Quality%Act%are%listed%alphabetically%below.%Factors%marked%with%a%filled% in%block%(X)%were%determined%to%be%potentially%affected%by%the%Project,%involving%at%least% one%impact%that%has%been%identified%as%a%“Potentially%Significant%Impact”%with%mitigation% measures%identified%that%would%reduce%the%impact%to%a%less%than%significant%level,%as% indicated%in%the%Environmental%Checklist%(Chapter%3)%and%the%related%discussion%that% follows.%Unmarked%factors%(%)%were%determined%to%not%be%significantly%affected%by%the% Project,%based%on%the%discussion%provided%in%Chapter%3.%% %% ☐%Aesthetics%☐%Greenhouse%Gas% Emissions% ☐%Population%/%Housing% ☐%Agriculture%Resources%☐%Hazards%and%Hazardous% %Materials% ☐%Public%Services% ☐%Air%Quality%%☐%Hydrology%and%Water% %Quality% ☐%Recreation% ☐%Biological%Resources%☐%Land%Use%/Planning%%☐!!Transportation/Traffic% ☐%Cultural%Resources%☐%Mineral%Resources%☐%Utilities/%Service% Systems% ☐%Geology/Soils%%☐%Noise%%☐%Mandatory%Findings%of% Significance% 23 City of Saratoga Noise Element Initial Study/Negative Declaration 1-6 1.4 Lead Agency’s Determination On%the%basis%of%the%evaluation%in%this%Initial%Study:% % ! !!I%find%that%the%proposed%Project%COULD%NOT%have%a%significant%effect%on%the% environment,%and%a%NEGATIVE%DECLARATION%will%be%prepared.% !I%find%that%although%the%proposed%Project%could%have%a%significant%effect%on%the% environment,%there%will%not%be%a%significant%effect%in%this%case%because%revisions%in% the%Project%have%been%made%by%or%agreed%to%by%the%Project%proponent.%A% MITIGATED%NEGATIVE%DECLARATION%will%be%prepared.% !!I%find%that%the%proposed%Project%MAY%have%a%significant%effect%on%the%environment,% and%an%ENVIRONMENTAL%IMPACT%REPORT%is%required.% !I%find%that%the%proposed%Project%MAY%have%a%“potentially%significant%impact”%or% “potentially%significant%unless%mitigated”%impact%on%the%environment,%but%at%least% one%effect%1)%has%been%adequately%analyzed%in%an%earlier%document%pursuant%to% applicable%legal%standards,%and%2)%has%been%addressed%by%mitigation%measures% based%on%the%earlier%analysis%as%described%on%attached%sheets.%An% ENVIRONMENTAL%IMPACT%REPORT%is%required,%but%it%must%analyze%only%the% effects%that%remain%to%be%addressed.% !!I%find%that%although%the%proposed%Project%could%have%a%significant%effect%on%the% environment,%because%all%potentially%significant%effects%(a)%have%been%analyzed% adequately%in%an%earlier%EIR%or%NEGATIVE%DECLARATION%pursuant%to%applicable% standards,%and%(b)%have%been%avoided%or%mitigated%pursuant%to%that%earlier%EIR%or% NEGATIVE%DECLARATION,%including%revisions%or%mitigation%measures%that%are% imposed%upon%the%proposed%Project,%nothing%further%is%required.% % % Signature Date % %%% % %% 24 City of Saratoga Noise Element Initial Study/Negative Declaration 2-7 2 Project Description 2.1 Project Location and Setting The%City%of%Saratoga%is%located%in%the%western%portion%of%Santa%Clara%County%just% southwest%of%the%major%metropolitan%community%of%San%José,%and%approximately%35% miles%south%of%San%Francisco.%Saratoga%is%at%the%southern%end%of%the%San%Francisco% Peninsula.%It%covers%an%area%of%12.4%square%miles,%with%an%elevation%of%410%feet,%and%has%a% population%of%30,677%people.%% The%northern,%southern%and%eastern%portions%of%the%community%are%sited%on%a%historic% alluvial%plain%shared%with%the%adjacent%communities%of%Cupertino,%San%Jose,%Los%Gatos,% and%Monte%Sereno.%The%western%portion%consists%of%lowSlying%foothills%of%the%Santa%Cruz% Mountains%and%is%adjacent%to%unincorporated%areas%within%Santa%Clara%County.%% Major%regional%access%to%the%community%is%provided%by%State%Route%85%(SRS85),%a%sixS lane%freeway%linking%to%US%280%in%Cupertino%and%US%101%to%the%north%in%Mountain%View,% US%101%south%in%San%Jose,%and%to%SR17%to%north%San%Jose%and%southwest%to%Santa%Cruz% County.%Local%roadways%linking%Saratoga%to%surrounding%communities%include%SaratogaS Los%Gatos%Road,%Saratoga%Avenue,%Highway%9%and%SaratogaSSunnyvale%Road.%% % 2.2 Project Description The%Noise%Element%is%a%mandatory%element%of%the%General%Plan%required%by%§65302(f)%of% the%California%Government%Code.%The%Noise%Element%must%analyze%and%quantify,%to%the% extent%practicable,%current%and%projected%noise%levels%from%the%following%noise%sources:% major%traffic%thoroughfares,%passenger%and%freight%railroad%operations,%commercial%and% general%aviation%operations,%industrial%plants,%and%other%ground%stationary%noise% sources%contributing%to%the%community%noise%environment.%%Noise%levels%for%these% sources%must%be%shown%on%noise%contour%maps%prepared%on%the%basis%of%noise% monitoring%or%modeling%techniques,%and%the%resulting%noise%contours%must%be%used%to% guide%land%use%decisions%to%reduce%noise%impacts%(§65302(f)%of%the%California% Government%Code).% % 25 City of Saratoga Noise Element Initial Study/Negative Declaration 2-8 The%proposed%Noise%Element%would%update%Saratoga’s%original%Noise%Element,%adopted% in%1988.%The%Noise%Element%is%intended%to%be%used%by%the%community%for%the%goal%of% preserving%the%quiet%residential%environment%of%Saratoga,%by%controlling%noise%in%all% zone%districts%to%levels%that%are%compatible%with%existing%and%future%land%districts.%The% updated%element%contains%five%chapters:%% 1.Introduction% 2.Environmental%Noise%Fundamentals% 3.Noise%Environment%in%Saratoga%% 4.Acoustical%Standards% 5.Goals,%Policies%and%Implementations% % The%Draft%Noise%Element%is%attached%as%an%appendix%to%this%negative%declaration.%Figure! 1%shows%the%existing%(2013)%noise%contours.%Figure!2%depicts%the%projected%future%traffic% noise%levels,%calculated%based%on%projected%traffic%volume%for%major%roadways.%The% Circulation%Element%of%the%General%Plan%contains%the%estimated%future%traffic%volume% data%for%City%roadways%in%2030.%Estimated%future%traffic%volumes%for%State%Route%85%are% based%on%a%Caltrans%estimate%of%3%percent%growth%per%year.%%It%should%be%noted%that%the% future%noise%contours%simply%portray%conditions%that%would%result%from%traffic%already% projected%and%included%in%the%Circulation%Element,%rather%than%from%any%projects% proposed%as%part%of%the%Noise%Element%update.%% % Table!1%shows%the%difference%between%existing%and%projected%future%noise%levels,% measured%as%a%daySnight%average%sound%level%(DNL),%at%key%road%segments.%Traffic%noise% levels%are%expected%to%increase%by%between%1%and%3%decibels%(dB)%from%existing%to% projected%2030%conditions.%% % Table 1: Roadway Traffic Noise Levels (Exiting and Projected Future) Noise Levels (dB) Roadway Start to End of Roadway Existing DNL at 50' Future DNL at 50' Difference Prospect Road Saratoga-Sunnyvale Road to Miller Avenue 69 70 1 Prospect Road Miller Avenue to Lawrence Expressway 70 71 1 Saratoga-Sunnyvale Road Prospect Road to Cox Avenue 71 72 1 Saratoga-Sunnyvale Road Cox Avenue to Saratoga Avenue 70 71 1 Pierce Road Surrey Lane to Comer Dr. 59 60 1 Cox Avenue Saratoga-Sunnyvale Road to Saratoga Avenue 66 67 1 Saratoga Avenue Lawrence Expressway to Cox Avenue 72 73 1 Saratoga Avenue Cox Avenue to SR 85 73 74 1 Saratoga Avenue SR 85 to Fruitvale Avenue 72 73 1 Saratoga Avenue Fruitvale Avenue to Saratoga-Sunnyvale Road 68 69 1 26 City of Saratoga Noise Element Initial Study/Negative Declaration 2-9 Big Basin Way Saratoga-Sunnyvale Road to Pierce Road 68 69 1 Fruitvale Avenue Saratoga Avenue to Allendale Avenue 69 70 1 Fruitvale Avenue Allendale Avenue to Saratoga-Los Gatos Road 65 66 1 Allendale Avenue Fruitvale Avenue to Quito Road 64 65 1 Quito Road Saratoga Avenue to Allendale Avenue 68 69 1 Quito Road Allendale Avenue to Saratoga-Los Gatos Road 66 67 1 Saratoga-Los Gatos Road Saratoga Avenue to Fruitvale Avenue 67 68 1 Saratoga-Los Gatos Road Fruitvale Avenue to Quito Road 72 73 1 SR 85 (Cupertino) to Saratoga Avenue 84 86 3 SR 85 Saratoga Avenue to (Los Gatos) 84 87 3 % 27 Saratoga San Jose Monte Sereno Los Gatos Cupertino SANTA CLARA COUNTY QUITO RDP IE R C E R D COX AVE PROSPECT RD SARATOGA AVEFRUITVALE AVESARATOGA SUNNYVALE RDALLENDALE AVE BIG BASIN W AYCOX AVE QUITO RDPIERCER DSARATO GAAVEC ON G RE S S S P R I N G SRDTHELMA AVE HERRIMAN AVE SOBEY RD SOBEYRDOAKSTR E ID L N SCULLYAVETITUSAVEDEVON AVERADOYKA DRBROOKGLENDRVERDE VISTA LN D O UG LASS LN THREE OAKS WAY S A R A T O G A L O S G ATOSRDALOHAAVE M ONTEVISTA DRPROSPECTRDARROYODEARGUELLOM T E D E NR D SEA G ULLW A Y MARTHA AVE D A G M A R D R PIERCE RD AFTONAVE COMER D R 85 Existing Traffic Noise Contours City of Saratoga Figure 1 Source: Charles M. Salter Associates, Inc, 2013; City of Saratoga, 2013; ESRI, 2013; Dyett and Bhatia, 2013. 0 0.5 10.25 Miles Existing Noise Contours DNL 55 to 60 dB DNL 60 to 65 dB DNL 65 to 70 dB DNL 70 to 75 dB DNL >75 dB City of Saratoga Major Highway Major Roads Railroads G LEN BRAED R H A R L E IG H D R VILLA OA K S L N T O L L GA TE RD COLLEGECIR28 Saratoga San Jose Monte Sereno Los Gatos Cupertino SANTA CLARA COUNTY QUITO RDP IE R C E R D COX AVE PROSPECT RD SARATOGA AVEFRUITVALE AVESARATOGA SUNNYVALE RDALLENDALE AVE BIG BASIN W AYCOX AVE QUITO RDPIERCER DSARATO GAAVEC ON G RE S S S P R I N G SRDTHELMA AVE HERRIMAN AVE SOBEY RD SOBEYRDOAKSTR E ID L N SCULLYAVETITUSAVEDEVON AVERADOYKA DRBROOKGLENDRVERDE VISTA LN D O UG LASS LN THREE OAKS WAY S A R A T O G A L O S G ATOSRDALOHAAVE M ONTEVISTA DRPROSPECTRDARROYODEARGUELLOM T E D E NR D SEA G ULLW A Y MARTHA AVE D A G M A R D R PIERCE RD AFTONAVE COMER D R 85 Future (2030) Traffic Noise Contours City of Saratoga Figure 2 Source: Charles M. Salter Associates, Inc, 2013; City of Saratoga, 2013; ESRI, 2013; Dyett and Bhatia, 2013. 0 0.5 10.25 Miles Future Noise Contours DNL 55 to 60 dB DNL 60 to 65 dB DNL 65 to 70 dB DNL 70 to 75 dB DNL >75 dB City of Saratoga Major Highway Major Roads Railroads G LEN BRAED R H A R L E IG H D R VILLA OA K S L N T O L L GA TE RD COLLEGECIR29 City of Saratoga Noise Element Initial Study/Negative Declaration 3-12 3 Environmental Checklist This%Environmental%Checklist%provides%technical%analysis%and%discussion%of% environmental%impacts%in%support%of%the%City%of%Saratoga’s%determination%regarding%the% appropriateness%of%a%Negative%Declaration%as%the%environmental%review%process%for%the% Project.%% % ENVIRONMENTAL CHECKLIST This%section%provides%an%evaluation%of%the%potential%environmental%impacts%of%the% Project.%These%potential%impacts%are%based%on%the%Environmental%Checklist%in%the%CEQA% Guidelines%Appendix%G%and%each%checklist%item%is%followed%by%a%detailed%discussion%and,% if%necessary,%mitigation%measures%to%reduce%impacts%to%a%less%than%significant%level.%% The%level%of%significance%is%determined%by%considering%the%predicted%magnitude%of%the% Project’s%potential%for%significant%impacts.%The%following%levels%of%impact%significance% are%described%in%this%initial%study:% % % No!Impact%–%Impact%does%not%apply%to%the%projects%like%the%one%involved.% Less!than!Significant!Impact%–%Impact%would%not%result%in%a%substantial%and%adverse% change%in%the%environment%and%would%not%require%mitigation.% Less!than!Significant!Impact!with!Mitigation%–%Impact%may%result%in%a%substantial%or% potentially%substantial,%adverse%change%in%the%environment;%the%incorporation%of% mitigation%measures%would%reduce%the%potentially%significant%impact%to%a%less%than% significant%level.% Potentially!Significant!Impact!–!Impact%may%result%in%a%substantial%or%potentially% substantial,%adverse%change%in%the%environment.% % % %% 30 City of Saratoga Noise Element Initial Study/Negative Declaration 3-13 3.1 Aesthetics ! DISCUSSION a-d) Aesthetics This%update%to%the%General%Plan%Noise%Element%characterizes%the%existing%and%potential% future%environmental%noise%levels%and%regulates%noise%to%levels%that%are%compatible%with% existing%and%future%land%uses.%Implementation%of%the%updated%Noise%Element%would%not% have%a%negative%impact%on%aesthetics%as%it%does%not%propose%any%projects,%programs%or% actions%that%could%reasonably%be%expected%to%adversely%affect%scenic%vistas,%damage% scenic%resources,%degrade%the%visual%character%of%any%sites,%or%create%substantial%light%or% glare.%% Implementing%Policy%4.3.1%of%the%updated%Noise%Element%describes%that%noise%abatement% measures%should%be%considered%in%the%design%of%roadways,%which%may%include%sounds% barriers.%However,%this%would%be%a%continuation%of%existing%policies,%and%any%sound% barriers%must%conform%with%City%policies%and%standards%regarding%visual%and%aesthetic% resources%and%quality.%In%addition,%impacts%that%may%result%from%any%new%sound%barriers% would%be%evaluated%in%subsequent%projectSspecific%CEQA%review.%Therefore,%there%would% be%no%impact%on%aesthetics%or%scenic%resources.%% 3.2 Agricultural Resources Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact I. AESTHETICS — Would the Project: a)Have a substantial adverse effect on a scenic vista? ! b)Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? ! c)Substantially degrade the existing visual character or quality of the site and its surroundings? ! d)Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? ! Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact 31 City of Saratoga Noise Element Initial Study/Negative Declaration 3-14 % DISCUSSION a – e) Farmland and Forestland In%the%City%of%Saratoga,%there%are%a%number%of%agricultural%lands%of%varying%sizes,% including%approximately%109%acres%of%land%currently%under%Williamson%Act,%and%several% hundred%acres%of%land%under%Williamson%Act%contracts%within%the%City’s%sphere%of% influence.%This%update%to%the%General%Plan%Noise%Element%does%not%propose%any%actions% that%would%directly%or%indirectly%affect%the%agricultural%or%forestland%resources%in% Saratoga.%%Adoption%of%the%General%Plan%Noise%Element%goals%and%policies%would%not% result%in%changes%to%areas%designated%for%agriculture%or%forestry%and%are%consistent%with% II.AGRICULTURE AND FOREST RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the Project: a)Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? ! b)Conflict with existing zoning for agricultural use, or a Williamson Act contract? ! c)Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? ! d)Result in the loss of forest land or conversion of forest land to non-forest use? ! e)Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? ! 32 City of Saratoga Noise Element Initial Study/Negative Declaration 3-15 the%General%Plan%Open%Space/Conservation%Element.%Therefore,%the%proposed%Project% would%have%no%impact%on%agricultural%resources.%% % 3.3 Air Quality Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact III.AIR QUALITY — Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a)Conflict with or obstruct implementation of the applicable air quality plan? ! b)Violate any air quality standard or contribute substantially to an existing or projected air quality violation? ! c)Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? ! d)Expose sensitive receptors to substantial pollutant concentrations? ! e)Create objectionable odors affecting a substantial number of people? ! DISCUSSION a-e) Air Quality Since%this%update%to%the%General%Plan%Noise%Element%does%not%propose%any%construction,% development,%or%increase%in%vehicle%traffic,%implementation%of%the%element%is%anticipated% to%have%no%negative%impacts%on%air%quality.%Policies%under%the%“Air%Quality”%section%of%the% Open%Space/Conservation%Element%of%the%General%Plan—with%which%the%Noise%Element% is%consistent—are%intended%to%require%projects%to%comply%with%Bay%Area%Air%Quality% Management%District%(BAAQMD)%measures%to%reduce%air%pollutants.%Therefore,%there% would%be%no%impact%to%air%quality.%%% % 33 City of Saratoga Noise Element Initial Study/Negative Declaration 3-16 3.4 Biological Resources Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact IV. BIOLOGICAL RESOURCES — Would the Project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ! b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? ! c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ! d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ! e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ! f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ! DISCUSSION a-f) Biological Resources According%to%the%General%Plan%Open%Space/Conservation%Element,%Saratoga%is% characterized%by%a%diverse%array%of%wildlife%and%plant%species,%divided%into%two%discrete% habitat%types—the%urbanized%area%and%the%hillside%area.%This%update%to%the%General%Plan% Noise%Element%characterizes%future%and%existing%and%potential%future%noise%sources%with% the%goal%of%preserving%the%quiet%residential%environment%of%Saratoga,%and%does%not% propose%any%actions%that%would%result%in%the%development%of%a%specific%site%or%have%an% 34 City of Saratoga Noise Element Initial Study/Negative Declaration 3-17 effect%on%areas%designated%for%protection%of%biological%resources,%in%both%urbanized%and% hillside%areas.%Policies%under%the%“Biological%Resources”%section%of%the%Open% Space/Conservation%element%of%the%General%Plan%—with%which%the%Noise%Element%is% consistent—are%intended%to%require%projects%to%protect%and%enhance%biological% resources.%Therefore,%there%would%be%no%impact%to%biological%resources.! % 3.5 Cultural Resources Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact V. CULTURAL RESOURCES — Would the Project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? ! b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? ! c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ! d) Disturb any human remains, including those interred outside of formal cemeteries? ! DISCUSSION a-d) Cultural Resources Saratoga%has%adopted%a%Historic%Preservation%Ordinance%to%protect%irreplaceable% heritage%resources,%and%has%eight%historic%landmarks,%which%are%included%on%the% National%and%State%of%California%Historic%Registers.%The%City%Council%has%also%designated% the%brick%portion%of%Austin%Way%west%of%Highway%9%and%Saratoga%Avenue%between% Fruitvale%Avenue%and%14301%Saratoga%Avenue%as%heritage%lanes.%%%Implementation%of%the% General%Plan%would%not%have%an%impact%on%cultural%resources%in%Saratoga,%as%it%does%not% propose%any%projects,%programs%or%actions%(including%ground%disturbance)%that%could% reasonably%be%expected%to%cause%a%substantial%adverse%change%to%a%historical%or% archaeological%resources,%or%affect%the%heritage%lanes.%%The%Noise%Element%would%be% consistent%with%the%Historic%Preservation%Ordinance%and%goals%and%policies%in%the% General%Plan%protecting%cultural%resources.%Therefore,%there%would%be%no%impact%to% cultural%resources.! % 35 City of Saratoga Noise Element Initial Study/Negative Declaration 3-18 3.6 Geology and Soils Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact VI. GEOLOGY AND SOILS — Would the Project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: ! i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ! ii) Strong seismic ground shaking? ! iii) Seismic-related ground failure, including liquefaction? ! iv) Landslides? ! b) Result in substantial soil erosion or the loss of topsoil? ! c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? ! d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? ! e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? ! DISCUSSION a-e) Geology and Soils The%General%Plan%Safety%Element%describes%natural%and%manSmade%hazards%within%the% City,%and%indicates%that%areas%of%the%City%may%be%subject%to%geologic%and%seismic%hazards.% The%updated%Noise%Element%characterizes%existing%and%potential%future%environmental% noise%levels%with%the%goal%of%preserving%the%quiet%residential%environment%of%Saratoga.% The%Noise%Element%does%not%propose%any%construction%or%development%projects%that% 36 City of Saratoga Noise Element Initial Study/Negative Declaration 3-19 could%be%reasonably%expected%to%expose%people%or%structures%to%geologic%risks,%or%have% adverse%impacts%related%to%soils%and%geology.%Therefore,%there%would%be%no%impact.%%% Greenhouse Gas Emissions Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact XVII.GREENHOUSE GAS EMISSIONS — Would the project: a)Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? ! b)Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? ! DISCUSSION a – b) Greenhouse Gas Emissions This%update%to%the%General%Plan%Noise%Element%characterizes%the%existing%and%potential% future%noise%level%to%control%noise%to%levels%that%are%compatible%with%existing%and%future% land%uses,%and%does%not%propose%any%projects%or%actions%that%would%emit%GHGs.%Adoption% of%the%Noise%Element%will%not%generate%GHG%emissions%within%the%City.%Therefore,%there% would%be%no%impact%to%climate%change%or%GHG%emissions.% % 3.7 Hazards and Hazardous Materials Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact VII.HAZARDS AND HAZARDOUS MATERIALS — Would the Project: a)Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ! b)Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ! 37 City of Saratoga Noise Element Initial Study/Negative Declaration 3-20 Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact c)Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? ! d)Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? ! e)For a Project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project result in a safety hazard for people residing or working in the Project area? ! f)For a Project within the vicinity of a private airstrip, would the Project result in a safety hazard for people residing or working in the Project area? ! g)Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ! h)Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? ! DISCUSSION a – h) Hazards and Hazardous Materials This%update%to%the%General%Plan%Noise%Element%does%not%propose%any%actions%that%would% directly%result%in%development%of%a%specific%site%or%have%an%effect%on%areas%of%the%City.% The%Safety%Element%of%the%General%Plan%provides%generalized%mapping%and%information% related%to%hazardous%materials.%Implementation%of%the%Noise%Element%would%not%conflict% with%the%Safety%Element%and%does%not%propose%projects%that%are%expected%to%have% negative%impacts%related%to%hazardous%materials.%Therefore,%there%would%be%no%impact% to%hazards%and%hazardous%materials.%%%%%% 38 City of Saratoga Noise Element Initial Study/Negative Declaration 3-21 3.8 Hydrology and Water Quality Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact VIII.HYDROLOGY AND WATER QUALITY — Would the Project: a)Violate any water quality standards or waste discharge requirements? ! b)Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? ! c)Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? ! d)Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off- site? ! e)Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? ! f)Otherwise substantially degrade water quality?! g)Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ! h)Place within a 100-year flood hazard area structures, which would impede or redirect flood flows? ! i)Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? ! j)Inundation by seiche, tsunami, or mudflow?! 39 City of Saratoga Noise Element Initial Study/Negative Declaration 3-22 DISCUSSION a-j) Hydrology and Water Quality Since%the%Noise%Element%does%not%propose%any%construction%or%development%projects,%its% implementation%is%not%anticipated%to%have%negative%effects%on%hydrology%or%water% quality.%The%General%Plan%Open%Space/Conservation%Element%contains%goals,%policies% and%implementation%measures%for%watershed%protection%and%to%protect%and%enhance% water%quality.%No%additional%impacts%related%to%hydrology%and%water%quality%would% occur%as%a%result%of%the%Noise%Element.%% % 3.9 Land Use and Planning Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact IX.LAND USE AND PLANNING — Would the Project: a)Physically divide an established community?! b)Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the Project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? ! c)Conflict with any applicable habitat conservation plan or natural community conservation plan? ! DISCUSSION a-c) Division of an Established Community or Conflict with Plans Implementation%of%the%updated%Noise%Element%is%not%anticipated%to%have%an%impact% related%to%land%use%and%planning%as%it%does%not%propose%any%projects,%programs%or% actions%that%could%reasonably%be%expected%to%physically%divide%an%established% community;%conflict%with%applicable%land%use%plans,%policies%or%regulations;%or%conflict% with%any%habitat%conservation%plan%or%natural%community%conservation%plan.%Rather,%the% Noise%Element%is%intended%to%control%noise%in%all%zone%districts%to%levels%that%are% compatible%with%existing%land%uses.%Therefore,%there%would%be%no%impact%to%land%use%or% applicable%plans.%% % 40 City of Saratoga Noise Element Initial Study/Negative Declaration 3-23 3.10 Mineral Resources Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact X. MINERAL RESOURCES — Would the Project: a)Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? ! b)Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? ! DISCUSSION a – b) Mineral Resources According%to%the%General%Plan%Open%Space/Conservation%Element,%currently%there%are% no%mines%or%quarries%known%to%be%operating%in%Saratoga%or%its%Sphere%of%Influence.% Implementation%of%the%updated%Noise%Element%would%not%have%an%impact%on%mineral% resources%as%it%does%not%propose%any%projects,%programs%or%actions%that%could% reasonably%be%expected%to%result%in%the%loss%of%availability%of%a%locallySimportant%mineral% resource%recovery%site.% %% 3.11 Noise Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact XI.NOISE — Would the project result in: a)Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ! b)Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? ! c)A substantial permanent increase in ambient noise levels in the Project vicinity above levels existing without the Project? ! d)A substantial temporary or periodic increase in ambient noise levels in the Project vicinity above levels existing without the Project? ! 41 City of Saratoga Noise Element Initial Study/Negative Declaration 3-24 Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact e)For a Project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project expose people residing or working in the Project area to excessive noise levels? ! f)For a Project within the vicinity of a private airstrip, would the Project expose people residing or working in the Project area to excessive noise levels? ! DISCUSSION a-f) Noise This%update%to%the%Noise%Element%characterizes%existing%and%future%environmental%noise% levels%in%the%City.%The%Noise%Element%does%not%include%new%noiseSgenerating%policies,% but%projects%future%noise%levels%based%on%traffic%conditions%that%would%result%from%traffic% already%projected%and%included%in%the%General%Plan%Circulation%and%Scenic%Highway% Element.%% Figures%1%and%2%show%the%existing%and%projected%future%noise%conditions.%There%is%a% projected%expansion%of%areas%exposed%to%noise%in%the%55%to%60%dB%range%and%60%to%65%dB% range,%particularly%along%the%Highway%85,%and%northeast%of%Highway%85%along%Prospect% Road,%Saratoga%Avenue,%and%Quito%Road.%Areas%already%exposed%to%higher%noise%levels% along%these%main%thoroughfares%is%predicted%to increase.%%Future%noise%levels%are% expected%to%increase%between%1%to%3%dB%at%key%roadway%segments%due%to%roadway%traffic, %as%shown%in%Table%1.%As%described%in%the%draft%Noise%Element,%a%change%of%1%dB%in%sound% level%cannot%be%perceived%and%a%3%dB%change%is%considered%a%justSnoticeable%difference.% The%increases%in%exposure%to%higher%noise%levels%reflect%levels%of%traffic%projected%in%the% General%Plan%Circulation%and%Scenic%Highway%Element,%and%the%associated%Negative% Declaration.%% The%Noise%Element%is%intended%to%preserve%the%quiet%residential%environment%of% Saratoga.%The%goals,%policies%and%implementation%measures%in%the%Noise%Element%are% intended%to%maintain%or%reduce%noise%levels%in%the%City%to%avoid%exposure%to% unacceptable%or%harmful%noise%and%to%promote%land%use%compatibility%by%addressing% noise%exposure%from%existing%and%new%noise%sources.%The%goals%of%the%Noise%Element— to%maintain%or%reduce%noise%levels%in%the%City%to%avoid%exposure%to%unacceptable%or% harmful%noise;%to%promote%landSuse%compatibility%by%addressing%noise%exposure%from% existing%noise%sources;%to%promote%landSuse%compatibility%by%addressing%noise%exposure% from%new%noise%sources;%and%to%maintain%or%reduce%noise%levels%generated%by%the% ground%transportation%system—are%intended%to%ameliorate%noise%levels%citywide.%% 42 City of Saratoga Noise Element Initial Study/Negative Declaration 3-25 Implementation%of%the%Noise%Element%would%not%have%a%negative%impact%related%to%noise% as%it%does%not%propose%any%projects,%programs,%or%actions%that%could%reasonably%be% expected%to%degrade%the%community’s%noise%environment.%Therefore,%there%would%be%no% impact%to%noise.% % 3.12 Population and Housing Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact XII. POPULATION AND HOUSING — Would the Project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? ! b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ! c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ! DISCUSSION a-c) Population and Housing Since%the%proposed%Noise%Element%does%not%propose%any%projects,%programs%or%actions% that%could%be%reasonably%expected%to%induce%substantial%population%growth%in%the%area,% or%displace%substantial%numbers%or%people%or%of%existing%housing%units,%implementation% of%the%Noise%Element%is%not%anticipated%to%have%an%impact%related%to%population%and% housing.%Therefore,%there%would%be%no%impact%to%population%and%housing.%% % 3.13 Public Services Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact XIII. PUBLIC SERVICES — 43 City of Saratoga Noise Element Initial Study/Negative Declaration 3-26 Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? ! ii) Police protection? ! iii) Schools? ! iv) Parks? ! v) Other public facilities? ! DISCUSSION a) Public Services As%described%in%the%General%Plan%Safety%Element,%Fire%Protection%for%the%City%of%Saratoga% is%provided%by%the%Santa%Clara%County%Fire%Department.%and%the%Saratoga%Fire% Protection%District..%The%Santa%Clara%County%Sherriff’s%Office%West%Valley%Patrol%Divisions% serves%the%City%of%Saratoga%for%law%enforcement%services.%As%of%February%2013,% according%the%General%Plan%Safety%Element,%four%elementary%school%districts,%three%high% school%districts%and%two%community%college%districts%serve%Saratoga.%%According%to%the% Open%Space/Conservation%Element,%the%City%contains%approximately%87%acres%of% parkland,%of%which%63%acres%have%been%improved%for%park%purposes.%% The%update%to%the%Noise%Element%contains%goals,%policies%and%implementation%measures% to%control%noise%levels%and%maintain%the%quiet%residential%environment%for%Saratoga.% These%goals,%policies%and%implementation%measures%are%consistent%with%other%General% Plan%elements.%Implementing%the%Noise%Element%would%not%generate%new%demand%for% new%or%physically%altered%government%facilities,%or%increase%the%demand%for%fire%or% police%protection,%schools,%parks%,%or%other%public%facilities.%There%would%be%no%impact%on% public%services.%% 3.14 Recreation Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact XIV. RECREATION — 44 City of Saratoga Noise Element Initial Study/Negative Declaration 3-27 Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact a) Would the Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ! b) Does the Project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? ! DISCUSSION a, b) Recreation The%General%Plan%Open%Space/Conservation%Element%describes%parks,%open%space% resource%and%other%recreation%within%the%City%of%Saratoga,%including%the%Montalvo% Arboretum,%Upper%Stevens%Creek%Park,%Sanborn%County%Park,%and%a%network%of%multiS use%trails%in%the%community.%The%Open%Space/Conservation%Element%also%provides%goals% and%policies%to%ensure%that%parks%and%trails%are%developed,%protected,%and%preserved.%% Implementation%of%this%update%to%the%Noise%Element%does%not%propose%any%actions%that% would%conflict%with%the%Open%Space/Conservation%Element,%or%result%in%the%development% of%a%specific%site%or%change%an%area,%and%would%have%no%impact%on%the%availability%of% existing%parks%or%recreational%facilities.% % 3.15 Transportation and Traffic Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact XV. TRANSPORTATION AND TRAFFIC — Would the Project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? ! 45 City of Saratoga Noise Element Initial Study/Negative Declaration 3-28 Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? ! c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? ! d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ! e) Result in inadequate emergency access? ! f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? ! DISCUSSION a-f) Transportation and Traffic The%General%Plan%Circulation%and%Scenic%Highway%Element%describes%the%City%of% Saratoga’s%existing%transportation%system,%circulation%issues,%scenic%highways%and% corridors,%future%conditions%and%goals,%policies%and%implementation%measures%to% maintain%and%improve%the%transportation%system.%The%projected%future%(2030)%traffic% noise%contours%in%the%Noise%Element%are%derived%from%the%traffic%volumes%in%the% Circulation%and%Scenic%Highway%Element.%This%update%to%the%General%Plan%Noise%Element% does%not%propose%any%projects%or%actions%that%would%result%in%the%development%of%a% specific%site%or%change%and%areas%within%the%City.%Implementation%of%the%Noise%Element% could%therefore%not%be%reasonably%expected%to%cause%a%substantial%increase%in%traffic,% exceed%traffic%level%of%service%standards,%result%in%a%change%in%air%traffic%patterns,% substantially%increase%trafficSrelated%hazards,%result%in%inadequate%emergency%access,% result%in%inadequate%parking%capacity,%or%interfere%with%alternativeStransportation% modes.%No%impacts%related%to%transportation%or%traffic%are%anticipated.%% % 46 City of Saratoga Noise Element Initial Study/Negative Declaration 3-29 3.16 Utilities and Service Systems Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact XVI. UTILITIES AND SERVICE SYSTEMS — Would the Project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? ! b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ! c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ! d) Have sufficient water supplies available to serve the Project from existing entitlements and resources, or are new or expanded entitlements needed? ! e) Result in a determination by the wastewater treatment provider, which serves or may serve the Project that it has adequate capacity to serve the Project’s projected demand in addition to the provider’s existing commitments? ! f) Be served by a landfill with sufficient permitted capacity to accommodate the Project’s solid waste disposal needs? ! g) Comply with federal, state, and local statutes and regulations related to solid waste? ! DISCUSSION a-g) Utilities and Service Systems Implementation%of%the%Noise%Element%would%not%have%an%negative%impact%on%utilities% and%service%systems%as%it%does%not%propose%any%projects,%programs%or%actions%that%could% reasonably%be%expected%to%exceed%wastewater%treatment%requirements;%result%in%the% construction%or%expansion%of%water,%wastewaterStreatment%or%stormwaterSdrainage% facilities;%result%in%insufficient%water%supplies%or%landfill%capacity;%or%violate%solidSwaste% related%regulations.%%No%additional%impacts%related%to%utilities%and%service%systems%are% anticipated%as%a%result%of%the%project.%% % 47 City of Saratoga Noise Element Initial Study/Negative Declaration 3-30 3.17 Mandatory Findings of Significance Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE — Would the Project: a) Have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range or a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ! b) Have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? ! c) Have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ! DISCUSSION a, c) Quality of Environment and Adverse Effects on Human Beings Implementation%of%the%Noise%Element%would%not%degrade%the%quality%and%extent%of%the% environment%nor%result%in%adverse%effects%on%human%beings.%% b) Cumulative Impacts The%updated%Noise%Element%is%entirely%consistent%with%the%other%elements%of%the%General% Plan%and%would%not%result%in%new%additional%cumulative%impacts.%%% % 48 City of Saratoga Noise Element Initial Study/Negative Declaration 4-31 4 Resources Consulted City%of%Saratoga%Draft%Updated%Noise%Element%to%the%General%Plan%(November,%2013)% City%of%Saratoga%General%Plan%Introduction%and%Background%(May%1983)% City%of%Saratoga%General%Plan%Circulation%and%Scenic%Highway%Element%(November% 2010)% City%of%Saratoga%General%Plan%Land%Use%Element%(June%2007)% City%of%Saratoga%General%Plan%Open%Space%and%Conservation%Element%(June%2007)% City%of%Saratoga%General%Plan%Noise%Element%(August%1988)% City%of%Saratoga%General%Plan%Safety%Element%(February%2013)% 49 CITY OF SARATOGA Updated Noise Element of the General Plan DRAFT 22 December 2013 Prepared for: City of Saratoga Planning Department 13777 Fruitvale Avenue Saratoga, CA 95070 Prepared by: Charles M. Salter Associates, Inc. 130 Sutter Street, Floor 5 San Francisco, CA 94104 Phone: 415.397.0442 Fax: 415.397.0454 CSA Project Number: 13-0257 50 City of Saratoga DRAFT Noise Element 19 December 2013 Page 2 Adopted: ____________TBD Previously Adopted: August 17, 1988 TABLE OF CONTENTS I. Introduction .............................................................................................................................. 4 Purpose and Goal of Noise Element ............................................................................................. 4 II. Environmental Noise Fundamentals ............................................................................................. 4 Frequency Spectrum .................................................................................................................. 4 Variation of Sound with Time ...................................................................................................... 5 Level of Sound ........................................................................................................................... 5 Propagation of Sound ................................................................................................................. 7 Effects of Noise on People .......................................................................................................... 7 III. Noise Environment in Saratoga .................................................................................................... 8 Road Traffic ............................................................................................................................... 8 Rail ........................................................................................................................................... 8 Aircraft ...................................................................................................................................... 8 Commercial ............................................................................................................................... 8 Existing Traffic Noise Levels ........................................................................................................ 8 Future Traffic Noise Levels ........................................................................................................ 10 IV. Acoustical Standards ................................................................................................................ 10 Land-Use Compatibility ............................................................................................................. 10 Standards Related to State Regulations ...................................................................................... 12 Municipal Regulations and Noise Reduction Techniques ............................................................... 12 V. Goals, Policies, and Implementations ......................................................................................... 14 Appendix A: Definitions .................................................................................................................. 17 Appendix B: Methodology and References ........................................................................................ 19 Methodology ............................................................................................................................ 19 Noise Measurement Map ........................................................................................................... 19 References and Bibliography ..................................................................................................... 19 Appendix C: Existing Noise Contours ................................................................................................ 21 Appendix D: Projected Future Noise Contours ................................................................................... 23 51 City of Saratoga DRAFT Noise Element 19 December 2013 Page 3 List of Tables Table NE-1: Noise measurement locations and results Table NE-2: Land-use compatibility guidelines Table NE-A1: Existing roadway noise and noise contour distances Table NE-A2: Projected future (2030) roadway noise and noise contour distances List of Figures Figure NE-1: How loud is it? (common sound levels) Figure NE-2: Existing traffic noise contours Figure NE-3: Projected future (2030) traffic noise contours 52 City of Saratoga DRAFT Noise Element 19 December 2013 Page 4 I. INTRODUCTION The Noise Element of the General Plan provides a basis for comprehensive local programs to control and abate environmental noise and to protect citizens from excessive exposure. The Noise Element has been prepared to meet the requirements of California Planning law Section 65302 (f), which requires a Noise Element as one of the seven mandatory elements. The Noise Element has been prepared in recognition of the guidelines adopted by the State Office of Noise Control pursuant to the Health and Safety Code. The Noise Element quantifies the community noise environment in terms of noise exposure contours for both the near and long-term levels of growth and traffic activity. Purpose and Goal of Noise Element The purpose of the Noise Element is to characterize existing and potential future environmental noise levels for use in various land-use planning processes. The Noise Element is intended to be used by the community in the goal of preserving the quiet residential environment of Saratoga. This is done by controlling noise in all zone districts to levels that are compatible with existing and future land uses. II. ENVIRONMENTAL NOISE FUNDAMENTALS Airborne sound is a rapid fluctuation of air pressure above and below atmospheric pressure. Noise is usually defined as unwanted sound. Environmental noise is a part of modern society, such as noise from transportation vehicles, machinery, people, and other devices. Some sounds that are desirable to one person might be noise to another individual. Therefore, objective measures have been developed to characterize noise environments. These measures include the following aspects of sound: • The frequency spectrum of the sound • The time-varying character of the sound • The intensity or level of the sound Frequency Spectrum The “frequency” of a sound refers to the number of complete pressure fluctuations per second in the sound. The unit of measurement is cycles per second (cps) or hertz (Hz). Most of the sounds we hear in the environment do not consist of a single frequency, but rather of a broad band of frequencies, differing in level. The frequency and level content of a sound is called its sound spectrum. To permit comparisons of sounds having quite different spectra, frequency weighting methods have been devised to correlate with human response (i.e., perceived loudness). “A-weighting” progressively de-emphasizes the importance of frequency components below 1,000 Hz and above 5,000 Hz. This frequency weighting reflects the fact that human hearing is less sensitive at low frequencies and at extreme high frequencies relative to the mid-range. The unit of A-weighted sound levels is sometimes abbreviated “dBA.” 53 City of Saratoga DRAFT Noise Element 19 December 2013 Page 5 Variation of Sound with Time Although a single sound level value can adequately describe environmental noise at any instant in time, community noise levels vary continuously. Most environmental noise is a conglomeration of distant noise sources, which results in a relatively steady noise having no identifiable source. These distant sources could include traffic, wind in trees, or continuous industrial processes and are relatively constant from moment to moment but usually vary from hour to hour with community activities (e.g., traffic levels). Superimposed on this slowly varying background is a succession of identifiable noisy events of brief duration. These might include nearby activities such as single vehicle passbys, train horns, or aircraft flyovers that cause the environmental noise level to vary from moment to moment. To describe the time-varying character of environmental noise, statistical noise descriptors were developed. “L10” is the A-weighted sound level equaled or exceeded during 10 percent of a stated time period and is considered a good measure of typical maximum sound levels caused by discrete noise events. The “L90” is the A-weighted sound level equaled or exceeded during 90 percent of a stated time period and is commonly used to describe the noise. A single number called “Leq” is also widely used. The term “Leq” originated from the concept of a so-called Equivalent Sound Level that contains the same acoustical energy as a varying sound level during the same time period. In other words, the Leq is the average A-weighted sound level in a stated time period. In determining the daily measure of environmental noise, it is important to account for the different response of people to daytime and nighttime noise. During the nighttime, exterior noise levels are generally lower than in the daytime. However, most household noise also decreases at night; thus, exterior noise intrusions become noticeable. Further, most people trying to sleep at night are more sensitive to noise. To account for human sensitivity to nighttime noise levels, a special descriptor was developed. The descriptor is called the DNL (Day-Night Average Sound Level), which represents the 24-hour average sound level with a 10 dB “penalty” for noise occurring at night. Level of Sound It has been found that the human ear responds logarithmically to changes in sound pressure levels. Therefore, sound levels are usually measured and expressed in decibels (dB), with 0 dB corresponding roughly to the threshold of hearing. A decibel is a logarithmic unit used to describe the intensity or level of a sound with respect to a standardized reference sound level. With regard to increases in noise level, knowledge of the following relationships will be helpful in understanding the quantitative sections of this report: 1. Except in carefully controlled laboratory experiments, a change of only 1 dB in sound level cannot be perceived. 2. Outside of the laboratory, a 3 dB change is considered a just-noticeable difference. 3. A change in level of at least 5 dB is required before any noticeable change in community response would be expected. 4. A 10 dB change is subjectively heard as approximately a doubling in loudness, and would almost certainly cause an adverse community response. 54 City of Saratoga DRAFT Noise Element 19 December 2013 Page 6 5. Sound levels do not combine arithmetically. Instead, they sum logarithmically, in a manner similar to the Richter scale, which is used for measuring the intensity of earthquakes. The following two examples illustrate this: - If the existing noise level at a particular location is 60 dB, and a new source of sound with a similar spectrum is introduced that also measures 60 dB, the result is not 120 dB; it is 63 dB. - If the existing noise level at a particular location is 60 dB, and a new sound source with a similar spectrum is introduced that measures 50 dB, the result is not 110 dB; it is still 60 dB. The new source is so much quieter than the existing one that it does not significantly contribute to the resulting sound level. Additional definitions of acoustical terms are listed in Appendix A. Common sound levels found in the environment are identified in Figure NE-1. FIGURE NE-1: HOW LOUD IS IT? Sound Level in A-weighted Decibels (dB) Jet takeoff (at 200') – 120 – Threshold of pain Rock music band – 110 – Jackhammer (at 25') – 100 – Motorcycle accelerating (at 25') – 90 – Power lawn mower (at 20') – 80 – Steady urban traffic (at 25') – 70 – Normal conversation (at 3') – 60 – Daytime street, no nearby traffic – 50 – Inside average residence – 40 – Inside quiet home – 30 – Rustling leaves – 20 – Mosquito (at 3') – 10 – – 0 – Threshold of hearing 55 City of Saratoga DRAFT Noise Element 19 December 2013 Page 7 Propagation of Sound As sound propagates away from a source, the level is attenuated with increasing distance. In general, sound radiating from a single object (called a “point” source), like a train horn or rooftop fan, is reduced by 6 dB for every doubling of distance. Noise radiating from a long single source or long continuous series of similar sources (called a “line” source) is attenuated by 3 dB for every doubling of distance. A roadway with varying levels of continuous traffic behaves similar to a line source with noise levels attenuated by between 3 and 4.5 dB per doubling of distance in typical conditions. Noise levels can also be reduced by intervening structures. For example, a noise barrier wall or even a single row of buildings between the receptor and the noise source reduces the noise level by about 5 dB to 10 dB. Structures also act to insulate people inside these structures from exterior noise. Common home construction methods generally provide a reduction of exterior-to-interior noise levels of about 20 dB to 30 dB with closed windows. Effects of Noise on People The typical effects of noise on people are summarized below. The sound levels associated with environmental noise usually only produce effects in the first four categories. • Annoyance is the most difficult of all noise responses to describe. Annoyance is a very individual characteristic and can vary widely from person to person. What one person considers acceptable can be intolerable to another of equal hearing capability. For example, some people like the sound of trains, while others do not. • Physiological responses are those measurable noise effects on the human body, such as changes in pulse rate, blood pressure, etc. While such effects can be induced and observed, the extent to which these physiological responses cause harm or are a sign of harm is not known. • Sleep interference is a major concern with respect to transportation-generated noise. Sleep disturbance studies have identified interior noise levels attributed to transportation noise as a key factor of sleep disturbance. However, sleep disturbance does not necessarily equate to awakening from sleep; rather, it can refer to disruption of the sleep pattern and stages of sleep. Train and aircraft noise is a major source of complaints. • Speech interference is one of the primary concerns associated with environmental noise. Normal conversational speech is in the range of 60 to 66 dB. Steady elevated noise levels can interfere with speech. Depending on the distance between the speaker and the listener, raised voice levels may be required to overcome the background noise. • Potential hearing loss is commonly associated with occupational exposures in heavy industry or very noisy work environments. Noise levels in neighborhoods, even near very noisy airports, are not considered sufficiently loud to cause hearing loss. 56 City of Saratoga DRAFT Noise Element 19 December 2013 Page 8 III. NOISE ENVIRONMENT IN SARATOGA Noise exposure in the City of Saratoga is principally generated by vehicular traffic on highways and arterial roads. Other sources of noise include a spur rail line, distant aircraft, and commercial activities. Road Traffic Traffic noise levels depend primarily on vehicular speed and total traffic volume, but also the type of vehicle. The primary source of noise from automobiles is high-frequency tire noise. Trucks, older automobiles, and motorcycles produce significant engine and exhaust noise, and trucks can also generate wind noise. Descriptions of major roadways in the City of Saratoga are found in the Circulation Element of the General Plan. Rail The Southern Pacific rail network includes a spur line extending from San Jose, across Saratoga from Prospect Road in the north to Quito Road in the southeast. Train passbys occur occasionally. For example, during a one week survey in 2013, only two train passbys were identified. Often the loudest noise source associated with rail lines is horn blasts at grade crossings which occur at Arroyo De Arguello, Saratoga-Sunnyvale Road, Cox Avenue, Glen Brae Drive, and Quito Road. Locomotive, rail car, and wheel contact are other sources of noise during passbys. Aircraft Occasional aircraft flyovers are generated by facilities such as San Jose International Airport, San Francisco International Airport, and Moffett Field. Aircraft noise in Saratoga is a relatively small part of the City’s noise environment. Flyovers of large aircraft from San Jose International Airport are at altitudes that make their noise noticeable, but not intrusive at ground level. Commercial Commercial concentrations and community and neighborhood shopping centers are located on Saratoga Avenue and Saratoga-Sunnyvale Road at intersections with other arterial streets. There is also a neighborhood center on Cox Avenue. The Village is also a concentration of business activities and is the historic commercial core. Activities such as truck unloading, trash collection, landscape maintenance, HVAC equipment, and events are sources of environmental noise associated with commercial and community centers. Facilities located in the Saratoga hills are also associated with event-related noise that contributes to the noise environment in the City. Existing Traffic Noise Levels Existing traffic noise levels in the City of Saratoga are assessed via noise measurements and computer- generated noise contours. The contours are based on both traffic data and noise measurement results. A noise measurement survey was conducted in Saratoga during July 2013 to determine noise levels throughout the community. The noise survey consisted of long-term (seven-day) noise measurements at six locations along major roadways. The noise monitors were installed at a height of 12 feet above grade. Additional short-term (15-minute) measurements were conducted at an additional six associated locations along the subject roadways to compare various roadway segments. Results of the survey are listed in Table NE-1 below. Measurement locations are shown in a map in Appendix B. 57 City of Saratoga DRAFT Noise Element 19 December 2013 Page 9 TABLE NE-1: NOISE MEASUREMENT LOCATIONS AND RESULTS Location No. Location Description DNL at 50 feet From Centerline ST-1 Along Prospect Road between Saratoga- Sunnyvale Road and Miller Avenue 70 dB ST-2 Saratoga-Sunnyvale between Prospect Road and Cox Avenue 71 dB LT-3 Saratoga-Sunnyvale between Cox Avenue and Saratoga Avenue 70 dB ST-4 Cox Avenue between Saratoga-Sunnyvale Road and Saratoga Avenue 66 dB LT-5 Saratoga Avenue between Cox Avenue and Highway 85 72 dB ST-6 Saratoga Avenue between Fruitvale Avenue and Saratoga-Sunnyvale Road 68 dB LT-7 Big Basin Way between Saratoga-Sunnyvale Road and Pierce Road 68 dB ST-8 Quito Road between Saratoga Avenue and Allendale Avenue 68 dB ST-9 Saratoga-Los Gatos Road between Saratoga Avenue and Fruitvale Avenue 67 dB LT-10 Saratoga-Los Gatos Road between Fruitvale Avenue and Quito Road 71 dB LT-11 Highway 85 between Prospect Road and Cox Avenue At nominal 100-foot distance: 67 to 71 dB with barrier shielding LT-12 Along railway between Saratoga-Sunnyvale Road and Cox Avenue At nominal 100-foot distance: 56 dB Notes: Unless noted, DNL values are normalized to a measurement distance of 50 feet from the roadway centerline. ‘LT’ and ‘ST’ indicates long-term and short-term measurement locations, respectively. DNL at short-term measurement locations are estimated based on comparison with long-term data. Source: Charles Salter Associates, 2013 58 City of Saratoga DRAFT Noise Element 19 December 2013 Page 10 The Federal Highway Administration’s Highway Traffic Noise Model (FHWA-RD-77-108) was used to calculate traffic noise levels along major roadways in Saratoga using traffic data from Circulation Element traffic study. Appendix C provides a summary of the results and calculated nominal distances to several noise contour levels for the existing condition. The analysis of city-wide traffic noise levels and associated policies were primarily based on these annualized average daily traffic data. The noise measurement results were used to verify these calculations. The measurements were in-line with calculation results. The noise contour map of existing conditions generated for highways and major arterials in Saratoga is contained in Appendix C. The map indicates the noise exposure levels associated with these roadways. Actual conditions on each property will vary from the contours, particularly at longer distances, due to such factors as elevation, terrain, noise barriers, and screening. In establishing noise contours for land-use planning, it is customary to ignore noise attenuation afforded by such factors. The result is a worst-case estimate of the noise environment. The assumption is that it is preferable to overestimate the potential noise at a site than to underestimate the noise environment and allow for potentially incompatible land-use development. However, Saratoga noise contours do account for the depression of Highway 85 and the virtually continuous noise barriers flanking the roadway since these features have a significant effect on the traffic noise levels in the surrounding areas. Future Traffic Noise Levels Projected future traffic noise levels in the City of Saratoga were calculated based on projected traffic volume data for major roadways. Estimated future traffic volume data for City roadways in 2030 are published in the Circulation Element of the General Plan. Estimated future traffic volume for Highway 85 are based on a Caltrans estimate for growth of 3-percent per year. Appendix D provides a summary of the results and calculated nominal distances to several noise contour levels for the future (2030) condition and also a map illustrating the noise contours. From existing conditions, traffic noise levels are expected to increase by between 1 and 3 dB. IV. ACOUSTICAL STANDARDS A. Land-Use Compatibility (Exterior Noise Impacts) The exterior noise land-use compatibility guidelines shown in Table NE-2 are those recommended as being environmentally acceptable for approval of new development in the City of Saratoga, consistent with the previous noise element, and in line with communities similar to the City of Saratoga and State guidelines. Noise in the City of Saratoga is generated by a variety of sources. Land-use compatibility for new development may take into account the nature of the sources and receivers under consideration. For example, community uses and events within residential neighborhoods are commonly desirable features even though such facilities may have a noise characteristic that varies from typical residential areas. 59 City of Saratoga DRAFT Noise Element 19 December 2013 Page 11 TABLE NE-2: NEW DEVELOPMENT LAND-USE COMPATIBILITY GUIDELINES Outdoor Day-Night Average Sound Level (DNL), in dB Land-Use Category Normally Acceptable1 Conditionally Acceptable2 Normally Unacceptable3 Residential - Single-family - Multi-family up to 60 up to 65 > 60 to 70 > 65 to 70 > 70 > 70 Open Space4/Parks up to 60 > 60 to 70 > 70 Commercial/Office up to 65 > 65 to 75 > 75 Public and quasi-Public Facilities up to 60 > 60 to 65 > 65 TABLE NOTES Sound levels above are as measured at the exterior of the proposed location of the new development (e.g., residential unit, commercial building, etc.) rather than at the property boundary of the source or the property to be developed. Refer to Table LU-1 (Land-Use Element) for detailed descriptions of land-use categories and land-uses for which these guidelines apply. These guidelines are derived from the California Department of Health Services, Guidelines for the Preparation and Content of the Noise Element of the General Plan, 2003. The State Guidelines have been modified to reflect standards for the City of Saratoga. 1 Normally Acceptable – Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction. There are no special noise insulation requirements. 2 Conditionally Acceptable – New construction should be undertaken only after a detailed analysis of the noise reduction requirement is conducted and needed noise insulation features included in the design. 3 Normally Unacceptable – New construction should be discouraged and may be denied as inconsistent with the General Plan and City Code. If new construction or development does proceed, a detailed analysis of the noise reduction requirements must be made and needed noise insulation features included in the design. 4 Outdoor open space noise standards do not apply to private balconies/patios. Land-use planning can provide an effective means of mitigating adverse noise impacts by separating noise-sensitive areas from noise sources. Site-specific noise mitigation structures, such as sound walls or structural soundproofing, can then be avoided or reduced. In developed areas, however, there is not always sufficient land to allow adequate separation of population concentrations from transportation systems, which are the major sources of noise. Site-specific noise abatement measures must be taken in these instances. Control of noise can be accomplished by controlling noise at the source in the new development, buffering the pathway of sound waves with barriers or increased distance, controlling the transmission of noise through structures, and by enclosing or protecting the receiver of noise. 60 City of Saratoga DRAFT Noise Element 19 December 2013 Page 12 B. Land-Use Compatibility (Interior Noise Impacts) - Standards Related to State Regulations Traditionally, the State of California Building Code has included sound insulation standards to reduce exterior-to-interior noise intrusion to habitable rooms of multi-family residential buildings. An interior noise level standard of DNL 45 dB is established for the City of Saratoga as the maximum allowable noise level in all residential buildings including single-family homes (due to outdoor noise sources). The State of California Green Building Standards Code (CALGreen) includes interior noise standards for non-residential buildings. Currently, the CALGreen Code prescribes an interior noise level standard of Leq(h) 50 dB as the maximum allowable hourly average noise level during any hour of operation in certain commercial/office buildings (due to outdoor noise sources). This standard is established for the City of Saratoga as the maximum allowable noise level in all non-residential buildings (due to outdoor noise sources). C. Municipal Regulations for Existing Noise Sources Community responses to existing noise sources have centered on equipment, animals, and events. The City of Saratoga City Code includes regulations on sources of noise to limit noise transfer across property lines and administrative controls regarding animals. Typical limits address operating levels and restricted hours. Further restrictions on equipment noise might be appropriate as improved technology is developed. Noise control standards are incorporated into the City Code to limit the level of noise from a source which may be transferred at the property plane between adjoining properties in the City and are described in greater detail below. Noise control standards of the City Code (e.g., the Noise Control Ordinance at City Code Article 7-30 are applied two ways. They are used to address potential noise from new/proposed equipment that is submitted for permit. In addition, the standards are to address complaints of noise transfer between properties. The objective limits contained in the Noise Control Ordinance are developed to establish standards for unacceptable noise levels generated by equipment, animals, amplified sound systems and other sources. Zoning Standards The principal use of zoning standards is related to noise compatibility and separating incompatible land-uses for new development. In addition, zoning standards can regulate specific details of development design or construction, such as limiting building heights, and requiring buffer strips, noise barriers, and sound-insulating constructions. Physical noise reduction techniques that can be utilized fall into the four major categories shown below. These physical techniques vary widely in their noise reduction characteristics, their costs, and in their applicability to specific locations and conditions D. Noise Reduction Techniques Education should be made available to increase awareness of noise compatibility issues and noise control measures. 61 City of Saratoga DRAFT Noise Element 19 December 2013 Page 13 Acoustical site planning uses the arrangement of buildings on a tract of land to reduce noise impacts by capitalizing on a site’s natural characteristics. Opportunities for successful acoustical site planning are determined by the size of the lot, the terrain, and the zoning restrictions. Acoustical site planning techniques include: • Placing as much distance as feasible between the noise source and the noise sensitive activity. • Placing noise-compatible activities such as parking lots, open space, and commercial facilities, between the noise source and the sensitive activity. • Using buildings as noise barriers. • Orienting noise-sensitive buildings to face away from the noise sources. For example, houses placed near the front of long narrow lots can have deep rear yards available to act as noise buffers from a neighboring noise source. Acoustical architectural design incorporates noise-reducing concepts in the layout of individual buildings. The areas of architectural concern include building height, room arrangement, window placement, and balcony and courtyard design. For example, in some cases, noise impacts can be reduced if the building is limited to one story and if bedrooms and living rooms are placed in the part of the building farthest from the noise source, while kitchens and bathrooms are placed closer to the noise source. Acoustical building construction is the treatment of the various parts of a building to reduce interior noise impacts. It includes the use of walls, windows, doors, roof assemblies, and penetrations in the building envelope that have been treated to reduce sound transmission into a building. The use of dense materials, structural isolation, and air-spaces within assemblies are primary noise reduction techniques. Acoustical construction is one of the most effective ways of reducing interior noise. Noise barriers can be erected between noise sources and noise-sensitive areas. Barrier types include berms made of sloping mounds of earth, walls, fences, and combinations of these materials. The choice between these depends on a variety of factors including the desired level of sound reduction, space, cost, safety, privacy, and aesthetics. Solid wall barriers might reflect sound from one side of a highway to the other, slightly increasing sound levels. Earth berms deflect sound upward and tend to eliminate this condition; a combination of the two is usually recommended where possible for this reason. 62 City of Saratoga DRAFT Noise Element 19 December 2013 Page 14 V. GOALS, POLICIES, AND IMPLEMENTATIONS Goal #1 Maintain or reduce noise levels in the City to avoid exposure to unacceptable or harmful noise. Policy 1.1 The City shall maintain an up-to-date Noise Element in accordance with State regulations. Implementation 1.1.1 The City should periodically measure and monitor noise levels in the City to identify changes. Policy 1.2 The City shall use the planning and code enforcement processes to discourage activities, practices, or land uses that create or result in excessive noise exposure. Implementation 1.2.1 The City should review and revise the Noise Ordinance and enforcement processes to appropriately reflect changing conditions and technological developments. Policy 1.3 The City shall require that all City-owned and operated equipment and equipment operated under contract with the City meet City noise standards. Implementation 1.3.1 New purchases of City fleet equipment should be considered if there are significant advances in equipment noise reduction technology. Implementation 1.3.2 City contracts should encourage use of equipment that incorporates the latest noise reduction techniques. Policy 1.4 The City shall encourage public awareness and education of noise issues and acoustical standards as key ingredients in controlling unwanted noise and its effects on the quality of life in Saratoga. Implementation 1.4.1 The City should provide a resource (e.g., a website) devoted to public awareness of City noise standards, policies, and procedures. 63 City of Saratoga DRAFT Noise Element 19 December 2013 Page 15 Goal #2 Promote land-use compatibility by addressing noise exposure from existing noise sources. Policy 2.1 An acoustical analysis is to be conducted for Residential and Quasi-Public development where the noise level exceeds Outdoor DNL 60 dB to determine measures needed to reduce noise impacts to meet City noise standards. Policy 2.2 New residential development shall be designed and constructed to provide an interior noise level of DNL 45 dB or less in habitable rooms (due to outdoor sources). Policy 2.3 Residential outdoor open space intended for use and enjoyment shall be designed to meet Outdoor DNL 60 dB. This policy does not apply to private exterior balconies. Where this goal cannot feasibly be met by incorporating reasonable measures, such as strategic site layout and noise barriers, DNL 65 dB may be approved. Policy 2.4 New office/commercial development shall be designed and constructed to reduce daytime interior noise levels in accordance with State CALGreen standards prescribing an interior noise level standard of Leq(h) 50 dB as the maximum allowable hourly average noise level during any hour of operation. Policy 2.5 Parks and recreational areas should be protected from excessive noise to permit the enjoyment of sports and other leisure time activities. Parks and other recreational areas which are impacted by outside noise sources should be provided with noise protection devices, including barriers and landscaping. Park design should locate passive recreation areas away from noise sources. Policy 2.6 The City recognizes that certain community uses and events are inherent to a suburban environment. Implementation 2.6.1 Update City Noise Control Ordinance to specifically address sources that would have an impact on the community, such as noise generated by equipment, animals and amplified sound. Policy 2.7 Noise generated by equipment, animals and amplified sound shall meet adopted standards. Implementation 2.7.1 The City should continue to enforce the restrictions in the Noise Ordinance of the Saratoga City Code. 64 City of Saratoga DRAFT Noise Element 19 December 2013 Page 16 Policy 2.8 The City shall enforce regulations pertaining to home occupations and not permit those that create noise beyond the property boundaries. Goal #3 Promote land-use compatibility by addressing noise exposure from new noise sources. Policy 3.1 Changes in use and development shall be reviewed for noise impacts to neighboring land uses. Policy 3.2 New development shall be required to utilize appropriate measures to reduce noise impacts to the adopted noise standards; and acoustical analysis may be required by the approving authority. Goal #4 Maintain or reduce noise levels generated by the ground transportation system. Policy 4.1 The City should work with other agencies to mitigate the effect of existing and future transportation noise sources. Policy 4.2 The City should consider the implementation of alternative transportation methods in order to reduce cumulative traffic levels and noise generation. Implementation 4.2.1 The City should continue traffic reduction programs outlined in the goals, policies, and implementation actions in the Circulation Element. Policy 4.3 The City should design new or improved roads in Saratoga with careful consideration given to both long and short-term noise impacts. Implementation 4.3.1 Noise abatement measures should be considered in the design of new and improved roadways. Policy 4.4 The City should discourage through traffic in residential neighborhoods to reduce noise impacts. Policy 4.5 The City should continue to designate truck routes in order to direct truck traffic away from noise-sensitive land uses. Policy 4.6 Municipal speed limits and State of California Vehicle Code noise regulations are intended to reduce traffic noise in the City. Implementation 4.5.1 The City should continue to coordinate enforcement of speed limits and State regulations related to vehicles that generate unacceptable noise. 65 City of Saratoga DRAFT Noise Element 19 December 2013 Page 17 APPENDIX A: DEFINITIONS Average Daily Traffic (ADT): The total volume during a given time period in whole days greater than one day and less than one year divided by the number of days in that time period, commonly abbreviated as ADT. A-Weighting: A frequency weighting applied to sound pressure levels to better correlate with the loudness of sounds as perceived by the human ear. All sound levels discussed in this Element are A-Weighted. The unit of A-weighted sound levels is sometimes abbreviated “dBA”. Continuous Noise: On-going noise, the intensity of which remains at a measurable level (which might or might not vary) without interruption over an indefinite period or a specified period of time. Day-Night Average Sound Level (DNL): An A-Weighted sound level averaged on the basis of sound energy for a 24-hour noise exposure including a 10 dB penalty added to sound levels occurring during nighttime hours. dB (Decibel): A standardized unit of sound pressure level. Increasing values related to louder sounds. Decible represents the logarithm of the ratio of measured acoustical energy and a standard reference of 20 microPascals. Frequency: The time rate of repetition of a periodic phenomenon (in cycles per second or hertz). Hours, Daytime: Between the hours of 7:00 a.m. and 7:00 p.m. Hours, Evening: Between the hours of 7:00 p.m and 10:00 p.m. Hours, Nighttime: Between the hours of 10:00 p.m. and 7:00 a.m. Land-Use Area: Reasonably homogenous and identifiable areas composed of similar general types of land uses such as residential, commercial, or industrial districts. L10 and L90 Sound Levels: The sound level that is exceeded, cumulatively, during 10, 50, or 90 percent of a specified time period, respectively. “L10” is the A-weighted sound level equaled or exceeded during 10 percent of a stated time period and is considered a good measure of typical maximum sound levels caused by discrete noise events. The “L90” is the A-weighted sound level equaled or exceeded during 90 percent of a stated time period and is commonly used to describe the noise level. Leq, Equivalent Sound Level: The average A-weighted noise level over a stated time period. Loudness: The attribute of an auditory sensation relating to its intensity or magnitude. Loudness depends primarily upon the sound pressure of the stimulus, but it also depends upon the frequency and wave form of the stimulus. Noise Exposure Contours: Lines drawn about a noise source indicating constant levels of noise exposure. DNL is the metric utilized herein to describe community exposure to noise. Sound Insulation: (1) the use of structures and materials designed to reduce the transmission of sound. (2) The degree by which sound transmission is reduced by means of sound insulating structures and materials. 66 City of Saratoga DRAFT Noise Element 19 December 2013 Page 18 APPENDIX B: METHODOLOGY AND REFERENCES Methodology The Noise Element was prepared to accomplish two tasks. One was to comply with Section 65302 (f) of the Government Code which states that a Noise Element is a mandatory element of a General Plan. The other task is to establish a City-wide policy document that stipulates that the preservation of the City of Saratoga’s “relatively quiet” acoustic environment is necessary and beneficial for the General health and welfare of all residents. To accomplish both of these tasks, the following methodology was utilized. During the writing of the Noise Element some parts of the methodology were emphasized more than others due to the acoustical characteristics inherent to the City of Saratoga. • Preliminary identification of problem noise areas • Collection of data on existing and proposed transportation sound sources • Collection of information on general sound levels throughout the City • Review of information from published sources regarding effects of sound on human activities, health, and well-being • Survey of noise control regulations from other jurisdictions • Preparation of standards that relate sound levels to types of land use and environmental factors • Formulation of policy statements and implementation alternatives • Citizen input and awareness To update the Noise Element, additional transportation noise measurements were conducted throughout the City, revised models of existing and projected future noise contours were generated, content was refined to reflect updated State Guidelines on the preparation of Noise Elements, and updated community feedback was gathered. The following notes summarize input received at two community meetings: Noise Issues from 20 August 2013 meeting at Fireman’s Hall • Noise levels may be too low in current ordinance, needs to be real and practical • Motorcycles engines are too loud • Construction Noise – Sunday work, better information should be provided to contractors • Maintain existing noise standards for residential • Look at noise emitted from community functions – Schools, Clubs, Hakone • Leaf Blowers – compare with other cities (popular issue) • Garbage Trucks – time of pick up, too noisy in the morning • Barking Dogs – need better regulations and enforcement (popular issue) • The volume of outdoor music in the village is better this year than last • Review strict dB levels – children playing can exceed allowable noise levels Not all noise is the same – the type of noise can make a big difference Amplified noise vs. voices • Construction Noise – compressor can be less noisy than a hammer Noise Issues from 27 August 2013 meeting at Saratoga Library • Create Noise Web Page • Animal Noise – Turkeys, chickens, roosters • Community uses – schools can be sources of noise 67 City of Saratoga DRAFT Noise Element 19 December 2013 Page 19 • Barking Dogs (popular issue) • Home Occupation Noise – home based businesses creating too much noise • Resurface Highway 85 to reduce noise • Leaf Blowers – consider banning gas powered leaf blowers • Motorcycle noise • Allendale and Quito Bus – bus stopping in front of house with loud speaker being heard • Hakone – noise from events. Stop amplification of noise after certain hours • Construction noise – limit hours. Better information should be provided to contractors. Contact information should be made available to public/neighbors • Children’s Hospital – amplified music/excessive parties/children’s playground location, truck deliveries • Residential garbage pickup – limit hours • Backyard parties – live music • City should get out information to the community so everyone knows the rules • Tailor the type of measurement weight (A/B/C) to the type of noise • Low flying aircraft are too noisy • Declare Saratoga a Noise Adverse City • Updates should have “Common Sense” • Car key fobs and alarms are too loud Noise Measurement Map A map of noise measurement locations (see Table 1) is provided at the end of this appendix. References and Bibliography • State of California, State Planning Law, Government Code Section 65302 (f). • United States Environmental Protection Agency, Quieting in the House. • Office of Noise Control, California Department of Health, Model Community Noise Control Ordinance, April 1977. • National Association of Home Builders, Acoustical Manual. • United States Environmental Protection Agency, Protective Noise Levels, Condensed Version of the EPA Levels Document. • Guidelines for the Preparation and Content of Noise Elements of the General Plan (Noise Control Program, California Department of Health, in coordination with the California Governor’s Office of Planning and Research, Sacramento, CA) February 1976, Revised 2003. • The Audible Landscape: A Manual for Highway Noise and Land Use, Prepared for U.S. Department of Transportation, Federal Highway Administration, Offices of Research and Development, November 1974. 68 City of Saratoga DRAFT Noise Element 19 December 2013 Page 20 [insert noise measurement map] 69 City of Saratoga DRAFT Noise Element 19 December 2013 Page 21 APPENDIX C: EXISTING NOISE CONTOURS TABLE NE-A1: EXISTING ROADWAY NOISE AND NOISE CONTOUR DISTANCES DNL at 50-foot setback Distance from Centerline to DNL Contour Street Segment in dB 70 65 60 55 Prospect Road Saratoga- Sunnyvale Road to Miller Avenue 69 <50 94 202 435 Prospect Road Miller Avenue to Lawrence Expressway 70 <50 101 218 470 Saratoga-Sunnyvale Road Prospect Road to Cox Avenue 71 60 128 276 595 Saratoga-Sunnyvale Road Cox Avenue to Saratoga Avenue 70 51 110 237 511 Pierce Road Surrey Lane to Comer Dr. 59 <50 <50 <50 96 Cox Avenue Saratoga- Sunnyvale Road to Saratoga Avenue 66 <50 56 121 261 Saratoga Avenue Lawrence Expressway to Cox Avenue 72 68 147 316 680 Saratoga Avenue Cox Avenue to SR 85 72 72 156 335 723 Saratoga Avenue SR 85 to Fruitvale Avenue 72 69 149 322 693 Saratoga Avenue Fruitvale Avenue to Saratoga- Sunnyvale Road 68 <50 76 164 354 Big Basin Way Saratoga- Sunnyvale Road to Pierce Road 68 <50 76 164 353 Fruitvale Avenue Saratoga Avenue to Allendale Avenue 69 <50 86 185 399 Fruitvale Avenue Allendale Avenue to Saratoga-Los Gatos Road 65 <50 <50 105 226 Allendale Avenue Fruitvale Avenue to Quito Road 64 <50 <50 98 210 Quito Road Saratoga Avenue to Allendale Avenue 68 <50 80 172 371 Quito Road Allendale Avenue to Saratoga-Los Gatos Road 66 <50 57 123 265 Saratoga-Los Gatos Road Saratoga Avenue to Fruitvale Avenue 67 <50 65 139 301 Saratoga-Los Gatos Road Fruitvale Avenue to Quito Road 71 62 134 288 620 SR 85 (Cupertino)to Saratoga Avenue 75 101 217 468 1009 SR 85 Saratoga Avenue to (Los Gatos) 75 114 245 528 1137 Notes: DNL values are normalized to a measurement distance of 50 feet from the roadway centerline. DNL values for SR 85 are also normalized for comparison purposes and account for shielding from terrain and barriers (even though a 50-foot setback is within the right-of-way). Source: Charles Salter Associates, 2013 70 City of Saratoga DRAFT Noise Element 19 December 2013 Page 22 [insert existing contour map] 71 City of Saratoga DRAFT Noise Element 19 December 2013 Page 23 APPENDIX D: PROJECTED FUTURE NOISE CONTOURS TABLE NE-A2: PROJECTED FUTURE (2030) ROADWAY NOISE AND NOISE CONTOUR DISTANCES DNL at 50-foot setback Distance from Centerline to DNL Contour Street Segment in dB 70 65 60 55 Prospect Road Saratoga- Sunnyvale Road to Miller Avenue 70 51 110 237 510 Prospect Road Miller Avenue to Lawrence Expressway 71 55 119 256 552 Saratoga-Sunnyvale Road Prospect Road to Cox Avenue 72 70 151 324 699 Saratoga-Sunnyvale Road Cox Avenue to Saratoga Avenue 71 60 129 279 601 Pierce Road Surrey Lane to Comer Dr. 60 <50 <50 52 112 Cox Avenue Saratoga- Sunnyvale Road to Saratoga Avenue 67 <50 66 142 305 Saratoga Avenue Lawrence Expressway to Cox Avenue 73 80 172 370 798 Saratoga Avenue Cox Avenue to SR 85 74 88 190 408 880 Saratoga Avenue SR 85 to Fruitvale Avenue 73 81 175 378 813 Saratoga Avenue Fruitvale Avenue to Saratoga- Sunnyvale Road 69 <50 89 192 414 Big Basin Way Saratoga- Sunnyvale Road to Pierce Road 69 <50 89 192 413 Fruitvale Avenue Saratoga Avenue to Allendale Avenue 70 <50 101 217 468 Fruitvale Avenue Allendale Avenue to Saratoga-Los Gatos Road 66 <50 57 123 266 Allendale Avenue Fruitvale Avenue to Quito Road 65 <50 53 115 247 Quito Road Saratoga Avenue to Allendale Avenue 69 <50 94 202 434 Quito Road Allendale Avenue to Saratoga-Los Gatos Road 67 <50 67 144 311 Saratoga-Los Gatos Road Saratoga Avenue to Fruitvale Avenue 68 <50 76 164 352 Saratoga-Los Gatos Road Fruitvale Avenue to Quito Road 73 74 159 343 739 SR 85 (Cupertino)to Saratoga Avenue 77 150 324 698 1503 SR 85 Saratoga Avenue to (Los Gatos) 78 170 365 787 1695 Notes: DNL values are normalized to a measurement distance of 50 feet from the roadway centerline. DNL values for SR 85 are also normalized for comparison purposes and account for shielding from terrain and barriers (even though a 50-foot setback is within the right-of-way). Source: Charles Salter Associates, 2013 72 City of Saratoga DRAFT Noise Element 19 December 2013 Page 24 [insert future (2030) contour map] 73 PLANNING COMMISSION RECOMMENDED AMENDMENTS TO THE SARATOGA CITY CODE INCLUDING ARTICLES 7-30 (NOISE CONTROL), 15-11 (AGRICULTURAL DISTRICT), 15-18 (PROFESSIONAL ADMINISTRATIVE), 15-19 (COMMERCIAL),15-55 (CONDITIONAL USE PERMITS) AND 15-80 (MISCELLANEOUS REGULATIONS) The Planning Commission recommends that the Saratoga City Code be amended as set forth below. Text to be added is indicated in bold double underlined font (e.g., underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this ordinance. 1. Referring the barking dog and animal noise regulations to the noise section 7-20.190 Barking dogs Animal Noise Noise caused by animals shall be governed by the provisions of Section 7-30.060(f). It shall be unlawful for any person to harbor, keep or maintain any dog in the City which disturbs the peace and quiet of one or more persons in the immediate neighborhood by loud barking or making unusual noises. "Loud barking" means barking, howling or baying by day or night at frequent and/or extended periods of time so as to be a nuisance to one or more persons occupying a house or houses in an immediate neighborhood and preventing such person or persons from the comfortable enjoyment of their homes. "Loud barking" does not mean barking where a dog is in the act of protecting or resisting trespassers upon its premises. The burden of proof of such an act of protection or resistance to trespassers by a dog is upon the person owning, harboring, controlling, maintaining, possessing or having charge of the dog. 2. Noise Article 7-30 NOISE CONTROL Sections: 7-30.010 Purposes of Article. 7-30.020 Definitions. 7-30.030 Exemptions. 7-30.040 Ambient noise standards Noise standards. 7-30.050 General noise restriction. Repealed 7-30.060 Exceptions for specific activities. 7-30.070 Exhaust fans. 7-30.080 Authority to require noise study. 7-30.090 Exception permits. 74 7-30.100 Violations of Article; enforcement; penalties. 7-30.010 Purposes of Article. This Article is adopted for the following purposes: (a) To maintain or reduce noise levels in the City to avoid exposure to unacceptable or harmful noise generated by equipment and/or amplified sound that is protect the citizens of the City from excessive, unnecessary, and unreasonable noises from any and all sources in the community subject to regulation and control by the City; (b) To maintain and preserve the quiet residential atmosphere of the City; (c) To implement the goals and policies contained in the Noise Element of the City's General Plan by addressing noise transfer between properties; (d) To promote land-use compatibility by addressing noise exposure from existing and new noise sources establish noise standards for various land uses and activities within the City; (e) To prohibit noise which disturbs the peace and quiet of a neighborhood or causes discomfort or annoyance to persons of normal sensitivities. 7-30.020 Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: (a) Acoustic music means live vocal or instrumental music that is not electrically enhanced or modified to project or transmit sound through amplifiers, loudspeakers, microphones, or similar devices or combinations of devices which are intended to increase the volume, range, distance or intensity of music. (b) Ambient noise level means the composite of noise from all sources, near and far, constituting the normal or existing level of environmental noise at a given location, excluding the noise source in question. (c)(b) Amplified music means live or recorded music projected or transmitted by electronic equipment including, but not limited to, amplifiers, loudspeakers, microphones, or similar devices or combinations of devices which are intended to increase the volume, range, distance or intensity of music. (d)(c) Approving authority means the council, commission, officer or official of the City having the authority to initially approve or deny a particular type of application. (e)(d) Background music means recorded music played through permanently mounted speakers which is clearly incidental to the primary use, and (at any location five feet or more from the source of the sound) allows for normal conversation levels and conforms to the ambient noise standards in Section 7-30.040(a). (f)(e) Daytime means the twelve-hour period from 7:00 A.M. to 7:00 P.M. 75 (g)(f) Decibel or dB means a standardized unit of sound pressure level. Increasing values related to louder sounds. Decibel represents the logarithm of the ratio of measured acoustical energy and a standard reference of 20 microPascals. (h)(g) Decibel A Scale or dBA means a measure of decibels using the "A" scale or "A" weighted network of the sound level meter. (ih) Director means the Community Development Director (j)(i) Evening means the three-hour period from 7:00 P.M. to 10:00 P.M. (j) Leq (Equivalent Continuous Sound Level as defined in ANSI S1.1) means the average A-weighted noise level over a stated time period. (k) Lmax means the typical maximum A-weighted noise level measured using the “slow” meter response. (kl) Nighttime means the nine-hour period from 10:00 P.M. to 7:00 A.M. of the following day. (lm) Noise level means the maximum continuous sound level or repetitive peak level produced by a noise source or group of sources, as measured with a sound level meter. (m) Outdoor music event means the playing of acoustic or amplified music outdoors at one commercial establishment. (n) Property plane means a vertical plane located at and perpendicular to the property line which determines the property boundaries in space of the parcel over or from which the sound in question is audibly transmitted. (n) Open Space/Parks means a site which has an Open Space (OS) General Plan land use designation. (o) Public and Quasi-Public Facilities means a site which has a Commercial Facilities (CFS) General Plan land use designation. (o) Single event noise means noise generated from a single source which is distinguishable from the ambient noise level. (p) Sound level meter means an instrument comprised of a microphone, an amplifier, an output meter and frequency weighing networks, used for measuring sound levels in decibel units. 7-30.030 Exemptions. The following sources of noise shall be exempt from the provisions of this Article: (a) Emergencies. Persons and equipment engaged in essential activities necessary to preserve, protect or save lives or property from imminent danger, loss or harm. (b) Alarm systems. Any outside audible alarm system for which a permit has been issued pursuant to Article 6-10 of this Code, and which complies with the requirements set forth in Section 6-10.060 of said Article. 76 7-30.040 Ambient noise standards Noise standards. (a) Except as otherwise provided in Paragraph (b) of this Section, all proposed uses and developments shall comply with the following ambient noise standards for the various zoning districts land uses and times of day as indicated below. The indoor standards apply to noise produced by exterior noise sources. No person shall cause, produce, or allow to be produced any noise that exceeds these noise standards at any point outside the property boundary on which the noise is generated. (Insert the Following Table) Maximum Permissible Outdoor Noise Levels Generated (dBA) Daytime (7:00 am to 7:00 Evening (7:00 pm to 10:00 Nighttime (10:00 pm to 7:00 am) Land Use Average Leq Maximum Lmax Average Leq Maximum Lmax Average Leq Maximum Lmax Residential (single and multi-family) Outdoor Residential (single and multi-family) 55 65 45 55 40 50 Open Space/Parks 60 70 50 55 45 50 Commercial/Office 65 75 60 70 55 60 Public and quasi-Public Facilities 60 70 55 60 45 50 (Remove the Following Table) Land Use Daytime Evening Nighttime Residential Outdoor 60 dBA 50 dBA 45 dBA Indoor 45 dBA 35 dBA 30 dBA Public park Outdoor 60 dBA 50 dBA 45 dBA Office/Commercial Outdoor 65 dBA 55 dBA 50 dBA Indoor 50 dBA 40 dBA 35 dBA 77 (a) The following land uses are hereby declared to be noise sensitive areas: (1) Nursing, convalescent, and retirement homes; (2) Schools, while in session; (3) Places of worship, while services are being conducted. (4) Libraries, during hours of operation. The ambient noise standards for uses and developments to be located in and of the noise sensitive areas listed above shall be as follows: (Remove the Following Table) Daytime Evening Nighttime Outdoor 50 dBA 45 dBA 45 dBA Indoor 35 dBA 30 dBA 30 dBA (b) Subject noise levels shall be measured with a sound level meter as follows: (1) Noise originating upon a particular site shall be measured at any point outside of the property boundary for that site at least four feet above the ground/floor and adjacent to a wall or similar large acoustically reflective surface if any is located on the site receiving the noise generated. (2) Noise shall be measured with a Class I or II sound level meter set utilizing the “A” Weighting scale and the “slow” meter response. (3) Minimum measurement time shall be ten three minutes. (4) With respect to noise originating from a dwelling unit constituting part of a multi- family development, the measurement can be taken at any point beyond the exterior walls of such unit or at any point within the habitable interior of another dwelling unit located on the same site. 7-30.050 General noise restriction. Repealed (a) No person shall cause, produce, or allow to be produced, in any residential zoning district, any single event noise more than six dBA above the ambient noise level at the location where the single event noise source is measured. (b) No person shall cause, produce or allow to be produced, in any office or commercial district, any single event noise more than eight dBA above the ambient noise level at the location where the single event noise source is measured. 78 (b) The single event (1) With respect to noise originating upon a particular site, the measurement can be taken at any point outside of the property plane for that site. (2) With respect to noise originating from a dwelling unit constituting part of a multi-family development, the measurement can be taken at any point beyond the exterior walls of such unit or at any point within the habitable interior of another dwelling unit located on the same site. (3) With respect to any situation not described in subsection (c)(1) or (c)(2) of this Section, the measurement shall be taken at the point where the noise source is located. 7-30.060 Exceptions for specific activities. Exceptions for sSpecific activities, so long as the noise level at any point twenty-five feet from the source of noise does not exceed eighty-three dBA or any lesser level specified below, shall be permitted to exceed the standards set forth in Section 7-30.0540 under the following conditions: (a) Residential construction. Residential construction, alteration or repair activities which are authorized by a valid City permit, or do not require the issuance of a City permit, may be conducted between the hours of 7:30 A.M. and 6:00 P.M. Monday through Friday and between the hours of 9:00 A.M. and 5:00 P.M. on Saturday. Residential construction shall be prohibited on Sunday and weekday holidays, with the exception of the following: (1) Construction, alteration or repair activities that do not require a City permit may be conducted between the hours of 9:00 A.M. and 5:00 P.M. on Sunday and weekday holidays. Such activities shall not exceed eighty three dBA measured at any point twenty-five feet from the source of noise (2) Construction, alteration or repair activities which are authorized by a valid City permit and which do not exceed fifty percent of the existing main or accessory structure may be conducted between the hours of 9:00 A.M. and 5:00 P.M. on Sunday and weekday holidays. Such activities shall not exceed 100 dBA measured at any point twenty-five feet from the source of noise. (3) Temporary construction activities authorized by the Director upon his/her determination of an emergency. A notice of applicable construction hour restrictions shall be posted conspicuously on site at all times for all exterior residential construction activity requiring a City permit. (b) Commercial construction. Construction, alteration or repair activities in Commercial and Professional and Administrative Office Zoning Districts which are authorized by a valid City permit, or do not require the issuance of a City permit, may be conducted between the hours of 7:30 A.M. and 6:00 P.M. Monday through Friday. Such activities shall not exceed 100 dBA measured at any point twenty-five feet from the source of noise. Commercial construction shall be prohibited on Saturday, Sunday and other holidays. The Director may grant temporary exemptions upon his/her determination of an emergency. (c) Subdivision construction Site construction and improvements. Subdivision Site construction activities which are authorized by a valid City permit, or do not require the 79 issuance of a City permit, may be conducted between the hours of 7:30 A.M. and 6:00 P.M. Monday through Friday. Such activities shall not exceed 100 dBA measured at any point twenty-five feet from the source of noise. Subdivision Site construction shall be prohibited on Saturday, Sunday and other holidays. The Public Works Director may grant temporary exemptions upon his/her determination of an emergency. (d) Garden tools. Powered garden tools except gasoline-powered leaf blowers may be utilized between the hours of 8:00 A.M. and 9:00 P.M. on Sundays through Saturdays. Gasoline- powered leaf blowers may be utilized between 8:00 A.M. and 5:00 P.M. Monday through Saturday Friday and Saturdays between 10:00 A.M. and 5:00 P.M. only. No gasoline- powered leaf blowers shall be allowed on Sundays. The noise level of all garden tools including gasoline-powered leaf blowers shall not exceed seventy-eight dBA at any point twenty-five feet from the source of noise. (e) Pool and spa equipment. Pool and spa equipment located within twenty feet of a side property line shall only be operated between the hours of 8:00 A.M. and 10:00 P.M. Noise from such equipment shall not exceed fifty dBA twenty-five feet from the source of noise. (f) Set-up and cleaning of commercial establishments. Set-up and cleaning activities conducted at restaurants and other commercial establishments located immediately adjacent to a residential area, which generate any noise audible to the occupants of the adjacent residences, including noise generated by the operation of delivery or service vehicles, shall not begin prior to one hour before the normal opening time of the establishment or extend later than one hour after the normal closing time of the establishment, or such other times as may be specified in a use permit, license, or other entitlement granted by the City for such establishment. (g)(e) Indoor live or recorded music. Commercial establishments in commercial zoning districts may have live or recorded music played inside a building. All doors and windows within the commercial establishment shall be kept closed after 9:00 P.M. when live or recorded music is being played except that doors may be opened for ingress or egress if closed immediately after use. The noise level shall not exceed seventy-three dBA before 9:00 P.M. and sixty-three shall comply with the standards set forth in Section 7-30.040 dBA after 9:00 P.M. as measured by a sound level meter five feet outside the building. (f) Animals Animal Noise. It shall be unlawful for any person to harbor, keep or maintain any animal, including birds, in the City which howls, barks, meows, squawks, or makes other noises which creates a noise disturbance across a property boundary during the following times. (1) Between the hours of 10:00 P.M. and 7:00 A.M. (2) Between the hours of 7:00 A.M. and 10:00 P.M. where the noise disturbance occurs continuously for a period of five minutes or intermittently for at least thirty minutes (3) For the purposes of this chapter, the animal noise shall not be deemed a disturbance if the animal is in the act of protecting its owner, resisting trespassers, or is provoked. The burden of proof of such an act of protection, resistance to trespassers, or provocation is upon the person owning, harboring, controlling, maintaining, possessing or having charge of the animal. 80 Noise caused by animals shall be governed by the provisions of Section 7-20.190 concerning barking dogs and Section 15-11.020(h) concerning the keeping of animals as pets. (g) Non-amplified noise from community uses and events that are inherent to a suburban environment including but not limited to playgrounds, sports facilities and fields, and common recreational areas. 7-30.070 Exhaust fans. All exhaust fans and mechanical equipment shall be enclosed for the purpose of soundproofing, subject to the Planning Director's review and approval. Exhaust fans lawfully constructed prior to August 2, 1991, shall be screened to the satisfaction of the Planning Director no later than two years from the date of notice from the City to the owner. 7-30.080 Authority to require noise study. As a condition for the granting of any license, permit or development approval the Director or approving authority may require the preparation of a noise study to determine whether the proposed activity will comply with the noise standards contained in this Article. The cost of such study shall be paid, in advance, by the applicant. If the study predicts that any of the noise standards will be violated the approving authority may require implementation of mitigation measures to reduce the noise impacts, and may further require the conduct of additional studies after the activity is commenced to determine the effectiveness of the mitigation measures. If the violation cannot be prevented or corrected through mitigation measures, the approving authority may deny or revoke the license, permit or development approval. 7-30.090 Exception permits. (a) General noise exception permit. If the applicant demonstrates to the satisfaction of the Director that immediate compliance with the requirements of this Article would be impractical or unreasonable, the Director may issue a permit to allow exception from any or all of the provisions contained in this Article, with appropriate conditions to minimize the public detriment caused by such exceptions. Any such permit shall be for an initial term as specified by the Director, not to exceed thirty days. Longer terms up to one hundred twenty days may be granted by the Planning Commission. In determining whether an exception permit should be issued and the nature and scope of any conditions to be imposed, the Director shall consider the following factors: (1) The level and intensity of the noise; (2) The level and intensity of the background noise, if any; (3) The proximity of the noise to residential areas; (4) The time of day when the noise occurs; (5) The duration of the noise, and whether it is recurrent, intermittent or constant; 81 (6) The nature and zoning of the area within which the noise emanates or to which it is transmitted. (b) Outdoor music permits—CH Zoning District. This Section 7-30.090(b) shall expire April 1, 2014, and thereafter outdoor music shall not be allowed in the CH Zoning District, unless a later enacted ordinance that becomes effective on or before April 1, 2014, deletes or extends that expiration date. An outdoor music permit may be issued on an annual basis to a commercial establishment located within the CH Zoning District subject to the requirements contained in this Section for the purposes of allowing the playing of acoustic and/or amplified music outside a building. Background music does not require an outdoor music permit. (1) Each outdoor music permit shall be subject to conditions requiring coordination and cooperation among holders of outdoor music permits such that acoustic and/or amplified music played outside a building at the same date and time shall be limited by blocks as described below: a. Two events in Block One situated between 3rd Street and Saratoga Los Gatos Road separated by at least two hundred feet. b. One event in Block Two situated between 3rd and 4th Street. c. One event in Block Three situated between 4th and 5th Street. d. One event in Block Four situated west of 5th Street. (2) Outdoor acoustic and/or amplified music is permitted at establishments holding an outdoor music permit during the following days and times provided that it does not exceed the specified maximum decibel level seventy-three dbA as measured twenty-five feet from the source of the sound: a. Fridays, 5:00 P.M. to 9:00 P.M., seventy-three dbA. b. Saturdays, 4:00 P.M. to 9:00 P.M., seventy-three dbA. c. Sundays, 11:00 A.M. to 4:00 P.M., seventy-three dbA. The above decibel levels shall be measured twenty-five feet from the source of the sound. (3) The Director may condition an outdoor music permit on such other requirements that the Director determines are necessary to protect the public health, safety or welfare. (4) Continuing jurisdiction and permit revocation. The Director shall retain continuing jurisdiction over each permit and may modify (by deleting or adding conditions to) or revoke an outdoor music permit to the extent the Director deems necessary to protect the public health, safety or welfare, or if the permit holder fails to meet any of the conditions of the permit or to adequately address changed circumstances. (5) Denial of a permit. The Director may deny an outdoor music permit if the applicant has had an outdoor music permit revoked within the past twelve months or if the applicant is not in compliance with the City Code or a use permit issued pursuant to the City Code. (6) Hearings and appeals from administrative decisions. Prior to denial, modification, or revocation of a permit, the Director shall notify the applicant in writing of the intent to deny, modify, or revoke the permit, the reasons for such intended decision, and that the applicant may 82 within five days after receipt of such notice file with the Director a written request for a meeting with the Director. A determination of the Director to approve, conditionally approve, deny, modify or revoke a permit may be appealed to the Planning Commission in accordance with the procedures set forth in Article 15-90 for appeals from administrative decisions and notwithstanding Section 15-90.020, the decision of the Planning Commission on the appeal shall be final and not subject to appeal to the City Council. 7-30.100 Violations of Article; enforcement; penalties. (a) The violation of any provision contained in this Article shall constitute an infraction and a public nuisance. (b) It shall be the duty of all policemen, all deputies of the County Sheriff performing police services in the City, all Community Service Officers and the Planning Director to enforce the provisions of this Article. (c) In addition to the penalties for infraction offenses and the procedures for nuisance abatement as set forth in Chapter 3 of this Code, any noise level and its source in violation of any of the provisions of this Article may be summarily abated, which may include, but is not limited to, removal, dismantlement and taking into custody the source of such noise, and in this regard, the confiscation of any machine or device used to violate any of the provisions of this Article is hereby authorized to be held for use as evidence in any proceeding that may be brought for such violation. 3. The keeping of animals in the Agricultural (A) Zoning District 15-11.020 Permitted uses. The following permitted uses shall be allowed in the agricultural district: (a) Single-family dwellings. (b) Accessory structures and uses located on the same site as a permitted use, including barns, farm out-buildings, storehouses, garden structures; green houses, workshops and one guest house. (c) Raising of field crops, fruit and nut trees, vegetables, horticultural specialties and timber. (d) Processing of products produced on the site. (e) Home occupations, conducted in accordance with the regulations prescribed in Article 15- 40 of this Chapter. (f) Stables and corrals for the keeping for private use of one horse for each forty thousand square feet of net site area; provided, however, that in the equestrian zone only, one additional horse may be permitted on the first forty thousand square feet of net site area, and an additional horse may be permitted for each additional forty thousand square feet of net site area. All horses shall be subject to the regulations and license provisions set forth in Section 7-20.220 of this Code. (g) Swimming pools used solely by person’s resident on the site and their guests. 83 (h) The keeping for private use of a reasonable number of domestic dogs, cats and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7-20 of this Code, and subject also to the following restrictions: (1) All animals shall be kept as pets only, and not for sale, breeding, experimental or commercial purposes. (2) Animals shall at all times be confined to the site, unless restrained or caged and under the direct control of the owner or person having custody of the animal. (3) No animals shall be permitted which are vicious, poisonous, wild, dangerous, capable of raucous outcry or other noise disturbing to the peace and quiet of the neighborhood, or otherwise constitute a hazard to the public health, safety or welfare, and all such animals are hereby declared to be a public nuisance. The factors to be considered in determining whether the number of animals upon a site is reasonable shall include, but are not limited to, the size of the site or portion thereof on which the animals are kept; the type of animals and extent of noise, odor or other adverse impacts upon the occupants of neighboring properties the animals may cause by their presence on the site; the proximity of other dwelling units; the manner in which the animals are confined upon the site; and the propensity of the animals to cause injury or damage to persons or property. (i) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications, subject to design review under Article 15-44 4. Removing references to noise in the Professional Administrative and Commercial District 15-18.040 General restrictions on use. (a) All permitted and conditional uses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas and temporary Christmas tree sales. (b) No sales, production, repair or processing shall take place on any site except to the extent customarily carried on in connection with a permitted or conditional use. (c) No use shall be permitted which emits air pollutants, solid or liquid wastes or dangerous radioactivity, or which creates odor, noise, vibration, glare or electrical disturbance detectable beyond the boundaries of the site, or which involves any hazard of fire or explosion. (d) No use shall be permitted which creates an emission which endangers human health or causes damage to animals, vegetation or property. 5-19.020 General regulations. The following general regulations shall apply to all commercial districts in the City: (c) Expressly prohibited uses. Without limiting the application of Section 15-05.055(a) of this Chapter, the following uses are expressly declared to be prohibited in all commercial districts: (1) Any use which emits air pollutants, solid or liquid wastes, radioactivity, or other discharge which endangers human health or causes damage to animals, vegetation or property. 84 (2) Any use which creates offensive odor, noise, vibration, glare or electrical disturbance, detectable beyond the boundaries of the site, or creates a hazard of fire or explosion. (3) Any use involving drive-through service, such as restaurants and financial institutions with drive-through windows. (4) Any use involving automotive body work, such as collision repair, painting, dismantling or customizing. (5) Mini-storage facilities. (6) Outdoor sales or storage of motor vehicles. 5. Emergency or Stand-by Generators – Conditional Use Permit 15-55.065 Director review and hearing. (a) Unless the application otherwise requires design review or other approval by the Planning Commission, the following uses may be permitted by a conditional use permit issued by the Director in accordance with this Article: (1) Conditionally permitted uses not exceeding four thousand square feet in area in any commercial district ("Commercial CUPs"); and (2) Installation or replacement of a generator in any A, R-1, HR, R-OS or commercial district pursuant to subsection 15-80.030(k) ("Generator CUPs"). (b) Prior to making a final decision on any conditional use permit application, the Director shall mail to the applicant, all property owners whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the subject property, and to others as deemed by the Director to be interested or affected a Notice of Intent specifying the proposed decision. All interested or affected parties will have fifteen calendar days from the date of the notice in which to review the application, provide written comments to the Director, and make written request for a public hearing or notice of a hearing if one is to be held. The Director shall make a final written decision on the application after the close of the review period or, if a public hearing is requested, after the close of the public hearing. The Director shall mail notice of the decision to the applicant and to any party that has made written request for a copy of such notice prior to the close of the public hearing. (c) If a public hearing is requested the Director shall conduct a public hearing or refer the application for a hearing and decision before the Planning Commission at such time as the Director shall determine. The action of the Director to refer a matter to the Planning Commission is not subject to appeal. Notice of the public hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons who have timely requested such notice in writing. Notice of the public hearing shall also be published once not less than ten days prior to the date of the hearing in a newspaper having general circulation in the City. 15-80.030(k) Emergency or stand-by generators. No emergency or stand-by generator shall be allowed in any required front, side or rear setback area. All emergency or stand-by generators shall be required to meet all applicable requirements of the City Code, including Article 7- 85 30 concerning noise. Outside a required front, side, or rear setback area, an emergency or stand-by generator may be permitted upon the granting of a conditional use permit. Any application for such a permit must be accompanied with information from the manufacturer documenting the noise generation characteristics of the generator. A noise assessment study shall be prepared by a qualified acoustical consultant for all proposed generators. The noise assessment study shall confirm the generator meets all applicable requirements of the City Code, including Article 7- 30 concerning noise. This restriction shall not apply to generators for which the owner provides evidence of installation prior to July 1, 2004, provided, however, that removal of nonconforming generators may be required as a condition of approval for any design review application involving expansion or reconstruction of more than fifty percent of the main dwelling, as described in Article 15-45. 6. Move from the noise section to the general regulations section for commercial districts, Section 15-19.020 (j) Set-up and cleaning of commercial establishments. Set-up and cleaning activities conducted at restaurants and other commercial establishments located immediately adjacent to a residential area, which generate any noise audible to the occupants of the adjacent residences, including noise generated by the operation of delivery or service vehicles, shall not begin prior to one hour before the normal opening time of the establishment or extend later than one hour after the normal closing time of the establishment, or such other times as may be specified in a use permit, license, or other entitlement granted by the City for such establishment. END OF AMENDMENTS 86 Noise Issues from August 20, 2013 meeting at Fireman’s Hall • Noise levels may be to low in current ordinance. Needs to be real and practical • Motorcycles engines are too loud • Construction Noise – Sunday work, better information should be provided to contractors • Maintain existing noise standards for residential • Look at noise emitted from community functions – Schools, Clubs, Hakone • Leaf Blowers – compare with other cities (popular issue) • Garbage Trucks – time of pick up, too noisy in the morning • Barking Dogs – need better regulations and enforcement (popular issue) • The volume of outdoor music in the village is better this year than last • Review strict dB levels – children playing can exceed allowable noise levels Not all noise is the same – the type of noise can make a big difference Amplified noise vs voices • Construction Noise – compressor can be less noisy than a hammer Noise Issues from August 27, 2013 meeting at Saratoga Library • Create Noise Web Page • Animal Noise – Turkeys, chickens, roosters • Community uses - schools can be sources of noise • Barking Dogs (popular issue) • Home Occupation Noise – home based businesses creating too much noise • Resurface Highway 85 to reduce noise • Leaf Blowers – consider banning gas powered leaf blowers • Motorcycle noise • Allendale and Quito Bus – bus stopping in front of house with loud speaker being heard • Hakone – noise from events. Stop amplification of noise after certain hours • Construction noise – limit hours. Better information should be provided to contractors. Contact information should be make available to public/neighbors • Children’s Hospital – amplified music/excessive parties/children’s playground location, truck deliveries • Residential garbage pickup – limit hours • Backyard parties – live music • City should get out information to the community so everyone knows the rules • Tailor the type of measurement weight (A/B/C) to the type of noise • Low flying aircraft are too noisy • Declare Saratoga a Noise Adverse City • Updates should have “Common Sense” • Car key fobs and alarms are to loud 87 Noise Element and Ordinance Update Email Comments Received • All residential noise should be managed to as low of level as possible and reasonable to maintain Saratoga’s quiet rural residential feel. • Currently Saratoga’s noise ordinance allows noise levels louder the most similar Cities. No increase in noise levels should be allowed if the goal is to maintain Saratoga’s residential feel. • In residential areas, distinctions should be made between noise coming from a single family home and yard, compared to a facility in a residential area that has larger group memberships or events which can have more frequent, louder and larger activities that can cause neighborhood nuisances and issues. • The noise of kids playing in their own yard on an occasional basis should not be lumped with the noises of kids playing at facilities that can have larger groups of kids on a more frequent basis. • All uses and noises from non‐single family home facilities located in a residential neighborhood should have well managed events with a clear understanding of the requirements so that their noise does not create impacts to the residences and neighbors. • Major noise concern: Sound emanating from West Valley Waste Management garbage trucks starting promptly at 6am. There is a very significant noise issue for my family that starts routinely at exactly 6:00am Monday morning when the West Valley trucks begin their standard routes on Maria Lane. There is the loud truck exhaust noise (due to very old trucks), but the more disturbing noise comes from the "back up alert beepers" on these trucks. Due to the hillside roads and tight turn‐around areas, these back up alerts seem like they are nearly constant for the first 30 mins of their Monday routine as these trucks transverse Maria Lane, Blue Hills and Parker Ranch streets. And these alerts are just as effective as an alarm clock going off at 6am due ‐ which is exactly their purpose ‐ waking my entire family whether they needed to be up or not. Since the roads served at this early hour are "in the hills", the annoying noise travels easily to all homes in the area and is very disturbing for anyone wanting to sleep in beyond 6am. One potential remedy: simply start the trucks at a more reasonable "business hour", like 7:30am or 8am. At least by that time, most people are already awake and the impact will be greatly less pronounced. • Loud pool filters are not much of a problem, but when they are, everybody knows. When they go bad, the noise is loud as far as three or more houses away. Citizen education could help residents resolve these noise problems sooner. Construction activity can be obnoxious seven days per week. I don't suppose there's much that can be done about, but it seems at least one house or another is undergoing remodeling continuously. 88 • Limit all contracting activity to zones. I thought of this idea before reading that Burlingame does this. I do not know the details. I would suggest dividing Saratoga into zones, where contractor activity would be limited to two days per week. For example, one zone might allow activity only on Tuesdays and Thursdays. Sunday would still be valid in one or more zones, subject to any further restrictions the noise element might specify, say, no gas-powered blower operation. I would prefer one or two very bad days as opposed to six or seven annoying days. Residents could operate their own equipment (as specified) any day of the week. Specify limits for simultaneously running equipment. Two gas-powered leaf blowers running at 30 feet from a person is louder than one at 25 feet. Make provisions for reduced usage of leaf blowers and string trimmers. No yard has to be perfect every week. The exception for blowers could be seasons where leaves are falling or plants are shedding other material. Prohibit leaf blowers (gas and electric) on some holidays. My choices would be Memorial Day, Thanksgiving and Christmas, but which other holiday(s) might satisfy those of any particular religion? Ask for courtesy. Morality cannot be legislated, and neither can courtesy. - Lower the leaf blower's speed when someone passes by, especially within 25 feet. Some do this. - Do not start the equipment in the face of a passerby. In fact, wait until 25 feet separation. Establish earlier and stiffer consequences. Consider allowing code enforcement to take action without a complaint. Also, I say fine violators immediately. === Tighter control and contractor education === Are contractors licensed by the city? If so, do they need to acknowledge the noise element as far as it applies to them and agree to follow it? === Citizen education === Do all citizens know the policy? Are they willing to report violations, or would they rather put up with the noise than make waves? I recommend an education campaign. If residents and contractors both know the policy, the citizens of Saratoga will show what kinds of noise they can abide, and when. • I want to know what can be done to ban on leaf blowers in Saratoga. It's getting ridiculous. Other cities have passed bans. • Limit all aircraft to minimum 1000 foot altitude, except for police and fire in emergencies. Limit gardeners to use noisemaking implements only from 8:30 AM to 3:00PM. Limit residences to the same limits as gardeners. • No yell/scream after 7 p.m. 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 REPORT TO THE PLANNING COMMISSION Meeting Date: January 8, 2013 Application: ZOA13-0005 - Design Review Handbook and City Code Update Location City Wide Applicant: City of Saratoga Staff Planner: Cynthia McCormick RECOMMENDED ACTION: Adopt the attached resolution recommending that the City Council 1. Approve the update to the Single-Family Residential Design Review Handbook 2. Adopt an ordinance which includes two new sections to the City Code regarding front yard landscaping and outdoor lighting fixtures; amends sections of the city code related to design review ; and makes clarifying edits related to standards for residential structures BACKGROUND: On February 20 2013, the City Council provided direction on the 2013 Commission work plan item to update the Residential Design Handbook and front yard landscaping requirements On September 9, 2013, the City Council reviewed a draft of the handbook and provided additional direction. The Council requested the Commission consider the following issues in the update: Define “reasonable” impacts to views and privacy Address the balance between neighbor concerns and legal rights of property owners Include techniques related to privacy, solar access and viewsheds Include language that hillside homes should be “tucked in” to reduce height and visibility Include language that landscaping is not a primary mitigation for reducing perceived bulk Include techniques that have flexibility while protecting Saratoga’s vision and character Include techniques that encourage appropriate native plants and water efficient landscaping Illustrate a variety of architectural styles, including good examples of two-story homes Provide more consistency in review of projects Get feedback from the architectural community The Planning Commission held several public study sessions over the course of the year and received feedback from practicing design professionals and residents. The following table represents the handbook update timeline and tentative dates for the City Council Public Hearing: 108 ZOA13-0005 Date Handbook Update Timeline Overview 2/20/13 Received direction from City Council 4/23/131 Study Session to review current design review findings, current handbook / techniques, General Plan and Zoning standards, and guidelines from other cities 4/27/13 Toured five homes and several neighborhoods to consider lessons learned for drafting the new handbook 5/21/13 Study Session presentation from the Santa Clara Valley Chapter of the American Institute of Architects (AIASCV) 6/11/13 Study Session to review 1st draft of proposed design review findings / handbook 6/25/13 Study Session with practicing architects, builders, and designers to review 2nd draft 7/23/13 Study Session to review 3rd draft and sample illustrations 8/13/13 Study Session to review 4th draft / illustrations 9/09/13 Joint Session with City Council 09/24/13 Study Session to review 5th draft / illustrations 12/10/13 Study Session to review 6th draft / illustrations and code updates 01/22/14 Planning Commission Public Hearing 02/19/14 City Council Public Hearing (tentative) 03/05/14 City Council 2nd Reading (tentative) 1 The interim two months were dedicated to reviewing alcohol sales and building heights: 2/27/13, 3/13/13/, 3/27/13 Page 2 of 5 109 ZOA13-0005 DISCUSSION: Exhibit A is the final draft of the updated Single-Family Residential Design Review Handbook. The Handbook is broken up into four sections related to residential design plus an appendix related to hillside residential design. The first page of each section identifies relevant design review findings required for project approval. Each section also includes four or five corresponding guidelines and design techniques that should be considered for meeting the findings. Each guideline also includes conceptual illustrations of design techniques. An outline of the four sections plus appendix and corresponding guidelines is provided below: Neighborhood Context - Mass - Height, Scale and Proportion - Streetscape - Two-story Structure Site Planning - The Lot - Setbacks - Privacy - Solar Access Building Design - Porches and Entry Features - Garage - Roof, Eaves, and Wall Planes - Windows Dormers and Balconies - Exterior Materials and Details Landscaping - Front Yard Landscaping - Pervious Materials and Hardscape - Grading, Drainage, and Erosion Control - Water Efficient Landscaping Hillside Guidelines Appendix - Hillside Viewsheds - Hillside Integration - Natural Topography - Hillside Integration - Site Planning - Hillside Integration - Building Design Page 3 of 5 110 ZOA13-0005 Exhibit B includes draft amendments to the City’s Zoning Code. An overview of each section to be updated is included below Code Section Update Summary Some minor changes not reviewed at the study session and included in this draft are described in italics below. 15-11-085 - Allowable floor area (new “A zone” section) These changes move the floor area limits from the design review section of the code to the development standards section of the code for each district. No change in floor area limits is being proposed. These three new sections provide a reference to section 15- 12-085 (see below) where regulations regarding floor area are proposed to be located. 15-13-085 - Allowable floor area (new “HR zone” section) 15-20-085 - Allowable floor area (new “R-OS zone” section) 15-12-095 - Landscaping (new “R1” section) This new section provides standards for ‘live’ landscaping and impervious surfaces in the front yard and exterior side yard of corner lots. 15-80-030 - Special rules for accessory uses and structures in residential districts (new section) This new section provides standards for outdoor lighting fixtures. 15-12-100 - Height of structures (R1 districts) This update clarifies language regarding height limits of structures in the single-family residential zones. This update also includes findings for the previously allowed height standard for “specific architectural style”. No increase or decrease in height is proposed. (Note: language regarding accessory structures was amended for consistency) 15-13-100 - Height of structures (HR districts) 15-12-085 - Allowable floor area for R-1, HR, ROS and A zone districts (new “R1” section) Standards related to floor area have been moved from the design review section of the code to the R1 section of the code. No changes to the maximum allowable floor area are proposed. (Note: a reference to section 15-06.280 was added for simplification) 15-45-030 - Allowable floor area 15-20-150 - Design review (R-OS district) Language from this section was moved to the new section 15-20.085. The revised language is consistent with other similar sections of the code. 15-45-010 - Purposes of Article Removed findings language Page 4 of 5 111 ZOA13-0005 Page 5 of 5 15-45-020 - Compliance with development standards Simplified language 15-45-055 - Single-Family Residential Design Review Handbook Simplified language 15-45-060 - Requirement for Planning Commission design review; public hearing Simplified language 15-45-065 - Administrative design review (Note: This update provides consistency with section 15-45.060 and also corrects language that was accidentally omitted in the August/September 2013 City Code update.) 15-45-080 - Design review findings This update provides consistency between the new Handbook and the required design review findings for approval of new and expanded single-family homes. 15-45-090 - Expiration of design review approval; extension; tolling of time period Clarified language. Separated language about building permits so that it is more apparent. Added language about modifications to approved projects per Planning Commission direction. ENVIRONMENTAL REVIEW 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). The Design Guidelines and code updates are related to zoning standards for single-family homes and design review of single-family homes which are exempt under this class. ATTACHMENTS: 1. Resolution for Approval with the following Attachments • Exhibit A – Draft Handbook • Exhibit B – Draft Zoning Text Amendments 2. Design Review Process Handout 3. Good Neighbor Worksheet Handout 112 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO: 14-002 Application ZOA13-0005 Update to the Single Family Residential Design Review Handbook. Updates to the City Code including a new section regarding front yard landscaping; a new section regarding outdoor lighting fixtures; and amendments to Articles 15-11, 15-12, 15-13, 15-20, 15-45, and 15-80 The City of Saratoga Planning Commission finds and determines with respect to the above described application: WHEREAS, the Single Family Residential Design Review Handbook embodies and illustrates the intent of the design review findings prescribed in City Code Section 15-45.080; and WHEREAS, new standards related to front yard landscaping would encourage aesthetically pleasing landscape design on the most visible portion of single-family properties while discouraging excessive impervious surfaces; and WHEREAS, new standards related to outdoor lighting fixtures would help to prevent excessive glare onto adjacent properties and public streets while maintaining adequate safety, night vision, and comfort; and WHEREAS, modification to Articles 15-11, 15-12, 15-13, 15-20, 15-45, and 15-80 would provide clarification and consistency within the City Code; and WHEREAS, public participation opportunities were provided through eight Planning Commission study sessions; and WHEREAS, on January 22, 2014, the Planning Commission held a duly noticed Public Hearing on the draft update to the Single Family Residential Design Review Handbook and amendments to Chapter 15 (Zoning Ordinance) 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 draft Single Family Residential Design Review Handbook and amendments to the City Code, the Staff Report, CEQA exemption, feedback from design professionals and Saratoga residents, and all testimony and other evidence presented at the Public Hearing, and WHEREAS, the Planning Commission recommends that the City Council find that the Single Family Residential Design Review Handbook and amendments to Chapter 15 (Zoning Ordinance) are consistent with the City of Saratoga General Plan; and NOW, THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth are true and correct and incorporated herein by reference. 113 2 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). The Design Review Handbook and City Code updates relate to development of single-family residences. This exemption allows for the construction of up to three single-family residences. 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 the City Council approve the updated Single Family Residential Design Review Handbook (Exhibit A), and amendments to Articles 15-11, 15-12, 15-13, 15-20, 15- 45, and 15-80 of the City Code (Exhibit B). PASSED AND ADOPTED by the City of Saratoga Planning Commission this 22nd day of January 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Joyce Hlava Chair, Planning Commission 114 Attachment A PLANNING COMMISSION RECOMMENDED AMENDMENTS TO VARIOUS SECTIONS OF CHAPTER 15 OF THE SARATOGA CITY CODE The Planning Commission recommends that the Saratoga City Code be 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 readopted by this ordinance. NEW “A zone” SECTION 15-11.085 - Allowable floor area The maximum allowable floor area shall be determined in accordance with City Code Section 15-12.085. NEW “HR zone” SECTION 15-13.085 - Allowable floor area The maximum allowable floor area shall be determined in accordance with City Code Section 15-12.085. NEW “ROS zone” SECTION 15-20.085 - Allowable floor area Where a single-family dwelling is the principal use on the site, the maximum allowable floor area, determined in accordance with City Code Section 15-12.085, shall not be more than six thousand square feet, excluding any detached garage or accessory structure for which a use permit is granted. 15-20.150 - Design review. The construction or expansion of any main or accessory structure in the R-OS district shall comply with the applicable design review regulations set forth in Article 15-45 or Article 15-46 of this Chapter. ;provided, however, where a single-family dwelling is the principal use on the site, then the allowable floor area determined in accordance with Section 15-45.030 shall in no event be more than six thousand square feet, excluding any detached garage or accessory structure for which a use permit is granted. 1 115 Attachment A NEW R1 SECTION -- 15-12.095 - Landscaping (a) Notwithstanding the maximum standards for site coverage, at least 50% (fifty percent) of the required front setback area of any lot and the exterior side setback area of a corner lot must have live trees, shrubs, lawns, other live plant materials or decorative landscaping installed. For the purposed of this Section, “decorative landscaping” means decorative non-live materials such as rocks, gravel, or bark and does not include asphalt, cement or any other impervious surface. (b) No more than 50% (fifty percent) of the required front setback area of any lot and the exterior side setback area of a corner lot may be covered with impervious surfaces. NEW SECTION 15-80.030 - Special rules for accessory uses and structures in residential districts. (m) Lighting fixtures. Outdoor lighting fixtures shall be located, aimed, and shielded to prevent excessive glare or direct illumination onto adjacent properties and public street rights of way; notwithstanding the minimum lighting necessary to ensure adequate safety, night vision, and comfort. 2 116 Attachment A 15-12.100 - Height of structures. (R1 districts) No single-family dwelling shall exceed twenty-six feet in height and no other type of main structure shall exceed thirty feet in height. Exceptions to these limitations may be approved pursuant to a Use Permit and Design Review issued in accordance with Article 15-55 of this Code, if the additional height is necessary in order to adhere to a specific architectural style. The additional height may only be granted on residentially zoned parcels exceeding twenty thousand square feet. The Staff and Planning Commission will use the "A Field Guide to American Houses" and other resource material approved by the Planning Commission as resource documents to assess the purity of architectural design. (a) No single-family dwelling shall exceed twenty-six feet in height, provided however, the Planning Commission may approve a structure up to thirty feet in height if the Commission finds and determines that: (1) The additional height is a necessary component of an identifiable and well documented architectural style; and (2) The design of the structure will be similar in scale with structures in the surrounding neighborhood; and (3) The net lot size used for determining floor area exceeds twenty-thousand square feet. (b) No accessory structure shall exceed fifteen feet in height; provided, however, the Planning Commission may approve of an accessory structure extending up to twenty feet in height if the Commission finds and determines that: (1) The additional height is necessary in order to establish architectural compatibility with the main structure on the site; and (2) The accessory structure will be compatible similar in scale with structures in the surrounding neighborhood. (c) No structure shall exceed two stories, except that pursuant to a use permit issued under Article 15-55 of this Chapter, a three-story structure may be allowed for an institutional facility located upon a site designated for community facilities (CFS) in the general plan, where the average slope underneath the structure is ten percent or greater and a stepped building pad is used. 15-13.100 - Height of structures. (HR districts) No structures shall exceed two stories nor shall any structure exceed the following heights: (a) No structure shall extend to an elevation within eight feet from the top of the nearest adjacent major ridge that does not have dense tree cover. (b) No structure shall extend to an elevation more than twelve feet above the nearest adjacent minor ridge that does not have dense tree cover. 3 117 Attachment A (c) A single-family dwelling not limited by subsection (a) or (b) of this Section shall not exceed twenty-six feet in height. Any other type of main structure not limited by subsection (a) or (b) of this Section shall not exceed thirty feet in height. (c) Notwithstanding subsection (a) or (b) of this Section, no single-family dwelling shall exceed twenty-six feet in height, provided however, the Planning Commission may approve a structure up to thirty feet in height if the Commission finds and determines that: (1) The additional height is a necessary component of an identifiable and well documented architectural style; and (2) The design of the structure will be similar in scale with structures in the surrounding neighborhood. (d) An accessory structure not limited by Notwithstanding subsection (a) or (b) of this Section, no accessory structure shall not exceed twelve feet in height; provided, however, the Planning Commission may approve an accessory structure extending up to fifteen feet in heig if the Commission finds t ht hat: (1) The additional height is necessary in order to establish architectural compatibility with the main structure on the site; and (2) The accessory structure will be compatible similar in scale with structures in the surrounding neighborhood. (e) Notwithstanding subsection (a) or (b) of this Section, no structure used for agricultural purposes shall exceed thirty feet in height. 4 118 Attachment A NEW R1 SECTION (moved from 15-45.030 - design review) 15-12.085 - Allowable floor area for R-1, HR, ROS and A zone districts a) Definition. Floor area is defined in City Code Section 15-06.280. As used in this Article, any space with an interior height of fifteen feet or greater shall be double counted towards the maximum floor area allowance. The allowable floor area is based upon the net site area calculated in accordance with Section 15-06.620 and any slope reduction provided in Section 15-12.085(f). b) Maximum standards. The standards set forth in this Section are intended to be maximum figures and the Planning Commission may, in considering any application, require that the floor area be reduced below the applicable standard if such reduction is necessary in order to make the findings prescribed in City Code Section 15-45.080. c) Slope adjustment. If the average slope of the lot is more than ten percent, the net site area of the lot shall be reduced as follows: *Where the average slope is a fractional number, it shall be rounded up to the next whole number. d) Maximum floor area for R-1, HR, ROS and A zone districts. The maximum allowable floor area shall be the lesser of the standards specified in the two following tables: *Average Slope of the Lot Percentage of Net Site Area to be Deducted 10.01—20% 10% plus 2% for each 1 percent of slope over 10% 20.01—30% 30% plus 3% for each 1 percent of slope over 20% Over 30% 60% **Lot Size (Net Site Area) Floor Area Standard 4,999 sq. ft. or less To be determined by Planning Commission 5,000—10,000 sq. ft. 2,400 sq. ft. plus 160 sq. ft. for each 1,000 sq. ft. of net site area over 5,000 sq. ft. 10,001—15,000 sq. ft. 3,200 sq. ft. plus 170 sq. ft. for each 1,000 sq. ft. of net site area over 10,000 sq. ft. 15,001—40,000 sq. ft. 4,050 sq. ft. plus 78 sq. ft. for each 1,000 sq. ft. of net site area over 15,000 sq. ft. 40,001—80,000 sq. ft. 6,000 sq. ft. plus 20 sq. ft. for each 1,000 sq. ft. of net site area over 40,000 sq. ft. 80,001—200,000 sq. ft. 6,800 sq. ft. plus 10 sq. ft. for each 1,000 sq. ft. of net site area over 80,000 sq. ft. 200,000 + 8,000 sq. ft. is the maximum allowable square footage 5 119 Attachment A Zone District Maximum Floor Area (for larger than standard lots) R-1—10,000 4,400 R-1—12,500 4,830 R-1—15,000 5,220 R-1—20,000 6,000 R-1—40,000 7,200 HR and A 8,000 ROS In accordance with Section 15-20.085 of this Article **Where the net site area over 5,000 square feet is a fractional number, it shall be rounded up to the next whole thousand (i.e., 5,001 would be rounded up to 6,000). 15-45.030 - Allowable floor area. a) Definition. As used in this Article, the term "allowable floor area" means the maximum floor area of the main structure (including any garage constituting a portion thereof), plus any accessory structures. For purposes of calculating allowable floor area, any space with an interior height of fifteen feet or greater shall be doubled. The allowable floor area is based upon the net site area and slope of the lot and the height of the main structure to be constructed or existing thereon as computed in accordance with the provisions of this Section. Net site area shall be calculated in accordance with Section 15-06.620 of this Code. b) Maximum standards. The standards set forth in this Section are intended to be maximum figures and the Planning Commission may, in considering any application, require that the floor area be reduced below the applicable standard if such reduction is necessary in order to make the findings prescribed in Section 15-45.080 of this Article. c) Slope adjustment. If the average slope of the lot is more than ten percent, the net site area of the lot shall be reduced by a percentage amount based upon the average slope and calculated as follows: Average Slope of the Lot Percentage of Net Site Area to be Deducted 10.01—20% 10% plus 2% for each 1 percent of slope over 10%* 20.01—30% 30% plus 3% for each 1 percent of slope over 20%* Over 30% 60% * Where the average slope is a fractional number, it shall be rounded up to the next whole number. (a) Floor area standards. After reducing the net site area by the amount required for the slope adjustment under subsection (c) of this Section, if any, the floor area standard for the lot shall be determined in accordance with the table set forth below: 6 120 Attachment A Size of Lot (Net Site Area) Floor Area Standard Less than 5,000 sq. ft. To be determined by Planning Commission 5,000—10,000 sq. ft. 2,400 sq. ft. plus 160 sq. ft. for each 1,000 sq. ft. of net site area over 5,000 sq. ft.* 10,001—15,000 sq. ft. 3,200 sq. ft. plus 170 sq. ft. for each 1,000 sq. ft. of net site area over 10,000 sq. ft.* 15,001—40,000 sq. ft. 4,050 sq. ft. plus 78 sq. ft. for each 1,000 sq. ft. of net site area over 15,000 sq. ft.* 40,001—80,000 sq. ft. 6,000 sq. ft. plus 20 sq. ft. for each 1,000 sq. ft. of net site area over 40,000 sq. ft.* 80,001—200,000 sq. ft. 6,800 sq. ft. plus 10 sq. ft. for each 1,000 sq. ft. of net site area over 80,000 sq. ft.* 200,000 + 8,000 sq. ft. is the maximum allowable square footage. * Where division of the net site area by 1,000 results in a fractional number the product shall be rounded up to the next whole number. (e) Maximum floor area allowed for R-1, HR and A zone districts. In the zone districts listed below the maximum allowable floor area shall be the lesser of the floor area standards or the maximum floor area specified as in the following table: Zone District Maximum Floor Area R-1—10,000 4,400 R-1—12,500 4,830 R-1—15,000 5,220 R-1—20,000 6,000 R-1—40,000 7,200 HR and A 8,000 7 121 Attachment A 15-45.010 - Purposes of Article. It is the policy of the City to review the proposed construction or significant expansion of single- family dwellings and certain accessory structures under circumstances where such structures have the reasonable potential to constitute an invasion of privacy, unreasonable interference with views, light or air, or create adverse impacts upon the aesthetic character of neighboring residential structures. The purpose of this Article is to establish standards and procedures to be followed with respect to the design review of single-family dwellings and certain accessory structures to ensure that new development occurs in a manner, which is consistent with the objectives of this Chapter and the policies of the General Plan. 15-45.020 - Compliance with development standards. No single-family main structure or accessory structure shall be constructed or significantly expanded within any A, R-1, HR, R-OS district unless the proposed structure or expansion complies with the floor area standards contained in Section 15-45.030 of this Article and the setback requirements contained in this Chapter. In the event of a conflict between the floor area and setback requirements in Article 15-45 and the standards set forth in the R-OS zone district, the more restrictive standard shall govern. For the purposes of this Article, the terms "significantly expanded" or "significant expansion" shall mean an expansion exceeding one hundred square feet. The Planning Commission shall have authority to grant a variance from such regulations pursuant to Article 15-70 of this Chapter. All structures requiring design review, as provided in Sections 15-45.060 and 15-45.065 of this Article, shall comply with the floor area standards and setback requirements contained in this Chapter. In the event of a conflict between the floor area and setback requirements in this Chapter the more restrictive standard shall govern. The Planning Commission shall have authority to grant a variance from such regulations pursuant to Article 15-70 of this Chapter 15-45.055 - Single-Family Residential Design Review Handbook. All projects for the construction or expansion of a single-family main structure or an accessory structure shall be consistent with the policies and implementation techniques described in the City of Saratoga Residential Design Handbook. The Residential Design Handbook embodies and illustrates the intent of the design review findings prescribed in Section 15-45.080 of this Article. A copy of the Residential Design Handbook shall be kept on file and available for public review at the offices of the Community Development Director. The Residential Design Handbook was adopted by the City Council on November 2, 1988. All structures requiring design review, as provided in Sections 15-45.060 and 15-45.065 of this Article, shall be consistent with the design techniques described in the City of Saratoga Single-Family Residential Design Review Handbook. The Single-Family Residential Design Review Handbook embodies and illustrates the intent of the design review findings prescribed in Section 15-45.080 of this Article 8 122 Attachment A 15-45.060 - Requirement for Planning Commission design review; public hearing. (a) In each of the following cases, no building permit shall be issued for the construction, reconstruction or significant expansion of a single-family main structure or accessory structure in any A, R-1, HR, or R-OS district until such structure has received design review approval by the Planning Commission pursuant to this Article: (a) Pursuant to this Article, the following projects shall receive design review approval by the Planning Commission prior to issuance of a building permit in any A, R-1, HR, or R-OS district: (1) Any new multi-story main structure or multi-story accessory structure. (2) Any conversion of a single-story structure to a multi-story structure. , except where such conversion does not result in any exterior modifications to the existing structure beyond the installation of skylights in the roof. (3) Any new single-story structure over 18 feet in height or any existing addition to a single story structure to over that would exceed eighteen feet in height as a result of the proposed construction. (4) Whenever Any project that requires design review is specifically required under the terms or conditions of any tentative or final subdivision map, use permit, variance or conditional rezoning. (5) Any main structure new dwelling to be constructed upon on a lot having a net site area of less than five thousand square feet. (6) Whenever, as a result of the proposed construction, reconstruction or expansion, the floor area of all structures on the site will exceed Any project that increases the cumulative floor area of all structures on a site to more than six thousand square feet. (7) Whenever, Any project that in the opinion of the Community Development Director, the construction, reconstruction or significant expansion of a main or accessory structure may be significantly inconsistent with the design review findings required in Section 15-14.080 of this Article, incompatible with the neighborhood, or may create a perception of excessive mass or bulk, or may unreasonably interfere with views or privacy, or may cause excessive damage to the natural environment, or may result in excessive intensification of the use or development of the site. (8) Whenever Any addition to a structure over 18 feet in height that would expand the existing floor area by more than fifty percent or modify the existing footprint by more than fifty percent. fifty percent or more of the structural elements or members of the existing exterior walls that define the boundary of the building are removed as a result of reconstruction, replacement or expansion of a single story structure over eighteen feet in height, or a multi-story main structure, or an accessory structure. 9 123 Attachment A 15-45.065 Administrative design review. (a) Pursuant to this Article, Tthe following projects shall must have received administrative design review approval by the Community Development Director pursuant to this Article prior to issuance of a building permit in any A, R-1, HR, or R-OS district: (1) Any Nnew single-story residences and or accessory structures greater than two hundred fifty square feet in floor area. (2) Major additions in size, defined as: a. (2) Any work addition to an existing structure that would expand the floor area of an existing main or accessory structure by more than fifty percent. b. (3) Any work addition to an existing structure that would expand the second story floor area of an existing main or accessory structure by one hundred square feet or more. c. (4) Any work addition to an existing structure that would modify the existing footprint by more than fifty percent of a main structure or an accessory structure. (3) (5) Addition of a Any new or enlarged basement. to an existing structure and enlargement of basements. 10 124 Attachment A 15-45.080 - Design review findings. The Planning Commission shall not grant design review approval unless it is able to make the following findings. These findings are in addition to and not a substitute for compliance with all other Zoning Regulations (which constitute the minimum requirements, as provided in City Code Section 15-05.050.) 1. Site development follows the natural contours of the site, minimizes grading, and is appropriate given the property’s natural constraints. 2. All protected trees shall be preserved, as provided in Article 15-50 (Tree Regulations). If constraints exist on the property, the number of protected trees, heritage trees, and native trees approved for removal shall be reduced to an absolute minimum. Removal of any smaller oak trees deemed to be in good health by the City Arborist shall be minimized using the criteria set forth in Section 15-50.080. 3. The height of the structure, its location on the site, and its architectural elements are designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds. 4. The overall mass and the height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood. 5. The landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape. 6. Development of the site shall not unreasonably impair the ability of adjoining properties to utilize solar energy. 7. The design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055. 8. On hillside lots, the location and the design of the structure avoid unreasonable impacts to ridgelines, significant hillside features, and community viewsheds, in addition to demonstrating compliance with Section 15-13.100. 11 125 Attachment A 15-45.080 - Design review findings. The Planning Commission shall not grant design review approval unless it is able to make the following findings: (a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to: (1) The nature and location of residential structures on adjacent lots and within the neighborhoods; and (2) Community view sheds will avoid unreasonable interference with views and privacy. (b) Preserve natural landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimized and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas. (c) Preserve protected native and heritage trees. All heritage trees (as defined in Section 15- 50.020(l)) will be preserved. All protected and native trees as defined in Section 15-50.050 will be preserved, or, given the constraints of the property, the number approved for removal will be reduced to an absolute minimum. Removal of any smaller oak trees deemed to be in good health by the City Arborist will be minimized using the criteria set forth in Section 15-50.080 (d) Minimize perception of excessive bulk. The proposed main or accessory structure in relation to structures on adjacent lots, and to the surrounding region, will minimize the perception of excessive bulk and will be integrated into the natural environment. (e) Compatible bulk and height. The proposed main or accessory structure will be compatible in terms of bulk and height with (1) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (2) the natural environment; and shall not (1) unreasonably impair the light and air of adjacent properties, nor (2) unreasonably impair the ability of adjacent properties to utilize solar energy. (f) Current grading and erosion control methods. The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. (g) Design policies and techniques. The proposed main or accessory structure will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook and as required by Section 15-45.055 12 126 Attachment A 13 15-45.90 - Expiration of design review approval; extension; tolling of time period. (a) Notwithstanding subsection (b) and (c) of this Section, Eeach design review approvals granted pursuant to this Article shall expire thirty-six months from the date on which the approval became effective, unless prior to such expiration date a building permit is issued and construction commenced. If such building permit expires, and the Building Official does not renew the building permit within one hundred eighty days after expiration, the Design Review approval shall expire. (b) If a building permit is issued and expires, and the Building Department does not renew the building permit within 180 days after expiration, the design review approval shall concurrently expire on the 180th day after the building permit expiration. (c) If an application is made for a modification to the project that increases the floor area by more than twenty percent (20%) or changes the approval process, than the previously issued design review approval shall expire upon the filing of the application for modification. End of Amendments 127 KEYS TO A SUCCESSFUL DESIGN REVIEW PROCESS In order for your design review application to be successful, it is important that you consider the context of your proposal with your immediate neighborhood. Various factors contribute to a design’s integration into the neighborhood. The design features that City officials and staff will be considering could include, but are not limited to: architectural integrity, scale, proportion, building size, lot coverage, setbacks, height, exterior materials, landscaping, et cetera. The design of some homes does not meet the intent of the Residential Design Handbook and are not well integrated into the neighborhood. Applicants should design structures to meet these guidelines rather than pointing to examples in the City that do not. The information assembled in this Handbook will assist applicants in submitting a successful design. Other factors that will contribute to a successful submittal include: City of Saratoga Planning Department: 408‐868‐1222 www.saratoga.ca.us Explore the Neighborhood. A picture tour of your neighborhood can help you understand the ‘context’ within which your design will be reviewed. What is the prevailing height, size, and location of homes in the neighborhood? Take note of window locations and outdoor activity areas of adjacent neighbors and think about privacy impacts to each property, including your own. Two-story homes and homes that are larger, taller, or designed differently than those typically seen in the neighborhood can be controversial and will require more attention to detail in the overall design. Taking care to avoid privacy and aesthetic impacts on neighboring properties will often make the difference between support for and opposition to your new house or addition. Likewise, communicating directly with adjacent neighbors will help you understand any concerns they may have before you get too far in the process. Know the City Standards. Review relevant documents on the City’s website prior to starting the design process. This will help you understand basic zoning regulations including the allowable size and location of a home on a particular lot. You may need to hire a surveyor to determine the boundary lines or slope of a property to determine the precise standards for a new or remodeled home. Projects that incorporate the techniques in this Handbook can provide the applicant more certainty in the process. Select a Competent Design Professional. An architect who is familiar with the City’s zoning and building regulations can help reduce delays by submitting a properly designed project. The Department of Consumer Affairs has a pamphlet on how to hire an architect. Communicate the Design. Two-dimensional drawings may not adequately demonstrate how a design will be integrated into a neighborhood. There are a number of methods that an applicant can use to accomplish this, including perspective renderings and computer simulations of before and after conditions. The goal is to illustrate the scale and mass of a structure as it relates to the streetscape and to adjacent residences. 128 The design review process typically takes about 3-4 months for projects that comply with the Design Review Handbook and Zoning Code The process can take longer for projects that need revisions. What are the steps in the Design Review Process? The applicant must submit a complete application package that includes all required documents on the Design Review Checklist. The plans are sent to all relevant Departments for review (e.g., Planning, Engineering, Arborist, Fire, Sewer, etc.). Once all of the Department comments have been satisfactorily addressed by the applicant, staff accepts the application as "complete”. Once the application is “complete”, staff will provide instructions on next steps in the process including the requirement for Story Poles. Once the story poles have been inspected by staff, a Public Notice must be sent to neighbors and advertised in the newspaper approximately three weeks prior to making a decision on the project. A decision on the project will either be made by Staff or the Planning Commission depending on the scope of work. For example, any new two‐story home or home over 18 feet in height will require Planning Commission approval. See Staff to determine which process your project will require. Anyone (including the applicant) may appeal a decision within 15 calendar days of the decision date. Appellants must complete an appeal form indicating reasons for appeal, and pay a filing fee. Once the appeal period has passed, the applicant can remove the story poles. The applicant will be required to meet certain conditions of approval, such as inspection of tree protective fencing, prior to obtaining a permit to begin demolition or construction. NOTE: The estimated time to obtain a building permit will depend on the completeness of the initial submittal package and the proposal’s compliance with the required design review findings. Application Package Submittal Review for Completeness Story Poles Public Noticing Administrative Decision or Public Hearing Appeal Period (15 days) Building SubmittalEstimated Time to Obtain a Building Permit(4‐6 months from initial planning application)129 COMPATIBILITY SURVEY Design compatibility with the existing homes in your neighborhood is a key element in Saratoga’s design review process. Please consider your neighborhood when you begin the process with your architect / designer and before you submit plans to the City. Please complete this survey and submit it with your application. ¾ Provide photographs of existing homes on each side of your property, homes behind your property, and homes across the street. (Maximum 4 photographs per page) ¾ Identify the location of each photograph and briefly state the compatibility elements of your proposal with the neighborhood. Compatibility elements include: • Building Height / Scale • Setbacks • Entry Height / Scale • Front Yard Landscaping • Eave Height • Lot Size • Roof Style (e.g., ridge line, pitch) • Lot Shape • Architectural Details (e.g., exterior colors / materials, columns, window style) • Lot Slope Project Location 5 2 1 7 4 6 Project Location 2 7 1 4 6 3 5 8 3 8 130 REPORT TO THE PLANNING COMMISSION Meeting Date: January 22, 2014 Application: ASP13-0001 Location (APN): 21000 Big Basin Way (517-36-009) Applicant: Hakone Foundation Staff Planner: Cynthia McCormick, Planner, AICP PROJECT DESCRIPTION: Two new free-standing signs would replace the existing free-standing sign near the main entrance that intersects with Big Basin Way. STAFF RECOMMENDATION: Adopt Resolution No. 14-002 approving the project subject to conditions of approval. Sign Permit approval by the Planning Commission is required pursuant to City Code Section 15- 30.150 because the sign is illuminated. DISCUSSION Signs for Institutional & Quasi-Public Uses: City Code allows two freestanding signs (per street frontage) up to 40 square feet in area and 10 feet in height. The total allowable sign area does not include signs that are not visible from the public rights-of-way (e.g. streets and parking lots) and adjacent residential properties. Sign Description: The two 17.5 square foot signs would be angled in a V-shape, at an approximately 45-degree angle. Each sign would be five-and-one-half feet high, seven feet wide, and ten inches deep, with six inch high letters. Each sign would be constructed of concrete blocks, and covered in stucco and granite. The sign would be engraved with the words “Hakone Estate and Gardens”. The signs will be mounted on a concrete foundation with stone. The top of the sign will have clay roof tiles that match the aesthetic of buildings on the site. Samples of the sign materials will be presented to the Planning Commission. Illumination: The signs will be illuminated with a total of four low voltage (12V) 50W Halogen spot lights mounted in the ground with a stake, pointed upward to the sign at a 45-degree incline. Page 1 of 2 131 Application No. ASP13-0001; 21000 Big Basin Way Page 2 of 2 FINDINGS Sign Permit Findings: The findings required for issuance of a sign permit approval pursuant to City Code Article 15-30 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (1) Each sign complies with the regulations of this Article, including, but not limited to, the provisions set forth in Sections 15-30.030 and 15-30.040. The project meets this finding. The project is compliant with the general provisions of Section 15-30.030, including construction, location, and legibility. The height of the sign is compliant with Section 15-30.030(d) in that the sign will be located outside of the 12-foot visibility triangle of the driveway intersection. The letter height, sign illumination, sign projection, and sign mounting meet the standards set forth in Section 15-30.040 and the sign height, sign area, sign materials, as defined in Section 15-30.040 meet the standards of Article 15-30. (2) Each sign is consistent with any approved sign program for the subject site. This finding is not applicable. (3) Each sign is consistent with the applicable specific plan and/or design guidelines for the subject district. This finding is not applicable. (4) The quantity, size, proportion, height, and spacing of signs minimize the perception of clutter. The project meets this finding in that the two signs will be mounted together at a 45- degree angle. Each sign is 17.5 square feet in area and approximately five feet-six inches in height. (5) Each sign is compatible with: a) other nearby signs; and b) the building and/or site upon which it is located; and c) adjacent structures and the general vicinity. Compatibility shall be determined and limited to the relationships of the elements of form, proportion, scale, color, materials, surface treatment, overall sign size, and the size and style of lettering. The project meets this finding in that the signs have been designed to match the aesthetic of the Hakone Estate and Gardens. The sign is located on a large property and is not in close proximity to any other signs that might be incompatible. Environmental Determination: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 153011. Class 11 exemptions include on-premise signs. STAFF RECOMMENDATION: Adopt Resolution No. 13-0xx approving the project, subject to conditions of approval. ATTACHMENTS: 1. Resolution of Approval 2. Development Plans (Exhibit "A") 132 RESOLUTION NO: 14-003 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING AN APPLICATION FOR ILLUMINATED SIGNAGE LOCATED AT 21000 BIG BASIN WAY (517-36-009) SARATOGA CA 95070 WHEREAS, on March 12, 2013 the Heritage Preservation Commission recommended approval of the illuminated sign on the historic Hakone Estate and Gardens property. WHEREAS, on October 21, 2013, an application was submitted by Hakone Foundation requesting Planning Commission approval for a new illuminated sign near the entrance to the Hakone Gardens. The sign will replace an existing sign. 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 January 22, 2014, 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 153011. Class 11 exemptions include on-premise signs. Section 3: The project is consistent with the Saratoga General Plan Land Use Element Goal LU 2 in that the sign will support the economic viability of Saratoga by directing patrons to the facility. Section 4: The project is consistent with Saratoga City Code Article 15-30 in that the sign complies with the regulations of Article 15-30, including, but not limited to, the provisions set forth in Sections 15-30.030 and 15-30.040; and the quantity, size, proportion, height, and spacing of the sign minimizes the perception of clutter; and the sign is compatible with: a) other nearby signs; and b) the building and/or site upon which it is located; and c) adjacent structures and the general vicinity. 133 Resolution No. 14-003 Section 5: The City of Saratoga Planning Commission hereby approves ASP13-0001 located at 21000 Big Basin Way subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 22nd day of December 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 134 Resolution No. 14-003 Exhibit 1 CONDITIONS OF APPROVAL ASP13-0001 21000 BIG BASIN WAY (517-36-009) 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. 2. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga City Code incorporated herein by this reference. 3. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. 4. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A", and as conditioned below. All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with City Code. 5. 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 inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all 135 Resolution No. 14-003 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. 6. Driveway intersection. The two signs shall not be located within a triangle having sides twelve feet in length from either side of the driveway where it intersects with the edge of pavement. 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. 136 SHEET TITLE / / DESCRIPTION PROJECT NO: MODEL FILE: DRAWN BY: CHK'D BY: COPYRIGHT MARK DATE SHEET 1 OF 11 A 0.0 PROJECT NAME /Volumes/DATA SERVER/Projects in Contract/Z 05.3 Hakone Entrance Signage/CAD/Hakone.pln2317 Magnolia St. Oakland , 94607 C:: 510.501.3499 www.irongrain.com COVER SHEET Hakone Estate & Gardens 21000 Big Basin Way Saratoga CA 95070 #Property APN # ENTRANCE SIGNAGE RECONSTRUCTION 57 4 7 1 \ xo579, 6 (p3 .9ZJ, ye I X2 3 v':` \ ' A \ c /as Sy r • A v . r;r a8 aski ` . A\ ` u I JI k ulk 1 U u A — cc5 \ \\ \ \ \ \ dr, ° \ \ r \ \ ` Q. — 350 \ /` { 4L'p \. ® , \ iB' - A \ \ • A \ \ V \ u 7 b \ \ / y \ \ 7 y \ A tiB 9 Lr pGS \ \ \ v \ I 32 vv s, Av 48 IL v n. APR A. 77 sa gA- / I o \ I I \ \ \ \ \ \ \ Zf A 6 a \ V 0 - 3 5r v, \ $ / = T I \ / irk ' ' \ : p4 \ \ \ \ ` ' • ` Oi c lv \ 5 EP \ , r ' 5 95ul cib 1I iB p a r 4 v AA \ \ A BSI° sSCAL E.' / N / O 5 }7c ! \ \ \ \ \ \ 5re s ynbn xSZp. p7 4Odl' • J \ v , 2 V \ V V AV - 35'1 Qy . A. C Q oq -- CIVIL & CONSTRUCTIONCONSULTANTS, INC. 1376No. 4th St. ( 40 8 ) 43 7 -1858 Sa n Jose, California95 1 12 HAKONGGARDENSTOP06RAPHYOf R O A DW A Y T O C U L T U R E Ea ' C H A N G E V E N T E RSITEfRO IY 18 1 5 91 . 49 1 A I 41 1 4Y ARAW $ACAL FO R w i A PA E.' G / Zr o / 89 SCALE.• / /O CLIAcOAPAC. B ECK RC E / 29 4 2 JO S # B90 5 2SHEET 1of 17 / R 1 \ SL O T 5b 16 .12 2 AC R E S I O N A K O N E G A R D E N STY - SARATOGAar O F _ ro POGRApH y y OF cU L T d R E CE N T E R A,PE A < F. rta• mr . BR I T r p N LO C A T I O N M A P N. TS. i N2 A 0.0 AREA OF WORK HAKONE ESTATE AND GARDENS 21000 BIG BASIN WAY LOT SIZE: 14.472 AC. P L P L P L P L P L ADJACENT RESIDENTIAL NEIGHBORHOOD ADJACENT OPEN SPACE BIG BAS IN WAYBIG BASIN WAYLOWER HOUSE CULTURAL EXCHANGE CENTER GIFT SHOP REST ROOM CARE TAKER COTTAGEOFFICE UPPER HOUSE N13'-4 1/4"7'-11"85° 4 A 1.0 3 A 1.0 3 A 1.0 (E) ENTRY SIGN TO BE REMOVED (E) DRIVEWAY CURB PROPERTY LINE EDGE OF PAVED BIG BASIN WAY (N) ENTRY SIGN DASHED LINE OF ROOF OVERHANG EXTERIOR HALOGEN SPOT LIGHT, TYP (E) DRIVE WAY BIG BASIN WAYSIM 2 PROPOSED SIGN LOCATION & PLAN 1/4" = 1'-0" PROJECT INFORMATIONEXISTING SITE PLAN VICINITY MAP ZONING: OS-OR : OPEN SPACE OUTDOOR RECREATION • FIELD VERIFY ALL EXISTING DIMENSIONS AND NOTIFY THE DESIGNER OF ACTUAL FIELD CONDITION PRIOR TO LAYOUT IN NEW WORK • ALL FINISH AND ROUGH LUMBER SIZES, DIMENSIONS INDICATED ON THESE DRAWINGS ARE NOMINAL UNLESS OTHERWISE NOTED. • COMPARISON OF ARCHITECTURAL DRAWINGS WITH MECHANICAL AND ELECTRICAL DRAWINGS WITH REFERENCE TO MATERIALS, LAYOUT, DIMENSIONS, AND ELEVATIONS SHALL BE MADE BY THE GENERAL CONTRACTOR BEFORE STARTING WORK. ANY DISCREPANCIES SHALL BE REFERRED TO THE DESIGNER AND ENGINEER FOR REVISED DIRECTION. OPNG Opening P.E.N. Plywood Edge Nailing P.T. Pressure Treated PLYWD Plywood RAD. Radius R.C.P. Reflected Ceiling Plan PL Property Line REFR. Refrigerator REQ. Required R.O. Rough Opening RWD. Red Wood REV. Revision SPEC. Specifications SECT. Section SQ. Square S.S. Stainless Steel STD. Standard STR. Structural T & G Tongue and Groove T.O. Top of TYP. Typical U.L. Upper Level U..N. Unless Otherwise Noted V.I.F. Verify in Field W/ With WD. Wood & And (E) Existing (N) New (R) Remove A.B. Anchor Bolt ABV Above A.F.F. Above Finish Floor BD. Board BLKG. Blocking BM. Beam BLDG Building B.O. Bottom of CAB Cabinet CLG Ceiling CONC. Concrete CLO Closet CONSTR Construction CONT. Continuous CNTR. Counter C.T. Ceramic Tile CTR. Center DBL Double DET. Detail DIA. Diameter DIM. Dimension DN. Down PROJECT ADDRESS: HAKONE GARDEN AND ESTATE 21000 BIG BASIN WAY SARATOGA, CA 95070 APN: PROJECT DESCRIPTION: REMOVE ONE EXISTING SIGNAGE AND CONSTRUCT TWO NEW SIGNAGE. TOTAL SIGNAGE AREA: 40 SQFT A 0.0 A 0.1 A 0.2 COVER / SITE PLAN PLAN AND ELEVATION COLOR AND MATERIALS BOARD ARCHITECTURAL APPLICABLE CODE CITY OF SARATOGA MUNICIPAL 2010 CALIFORNIA BUILDING CODE 2010 CALIFORNIA MECHANICAL CODE 2010 CALIFORNIA ENERGY CODE 2010 CALIFORNIA ELECTRICAL CODE 2010 CALIFORNIA PLUMBING CODE 2010 CALIFORNIA FIRE CODE OTHER LOCAL AND STATE LAW SHEET INDEX GENERAL NOTE DEFERRED ITEM ELECTRICAL DRAWING AND PERMIT APPLICATION WILL BE SUBMITTED FOR PERMIT BY : ABBREVIATION G.W.B. Gypsum Wall Board H.B Hose Bib H.D. Hold Down HDR. Header HDWD Hard Wood HDWE Hardware HORIZ Horizon HR. Hour HT. Height INT. Interior INV. Invert KAMOI Door/Window Header LT. Light MAX. Maximum MIN. Minimum MTL. Metal MFR. Manufacturer MISC. Miscellaneous N. North N/A Not Applicable NAIL'G Nailing N.I.C. Not In Contract (nom.) Nominal dimension of lumber N.T.S. Not to scale O.C. On Center O.H Opposite Hand D.O. Door Opening DR. Door DWG. Drawing EA. Each EL. Elevation ELEC. Electrical ENCL Enclosure EQ. Equal EQPT Equipment EXT. Exterior F.A. Fire Alarm F.D. Floor Drain FDN. Foundation F.A. Fire Extinguisher FIN. Finish FL. Floor F.O.F Face of Finish F.O.S Face of Stud FT. Foot/ Feet FTG Footing G.A. Gauge GALV Galvanized G.L. Grid Line G.B. Grab Bar GR. Grade GYP. Gypsum 137 SHEET TITLE / / DESCRIPTION PROJECT NO: MODEL FILE: DRAWN BY: CHK'D BY: COPYRIGHT MARK DATE SHEET 2 A 1.0 PROJECT NAME /Volumes/DATA SERVER/Projects in Contract/Z 05.3 Hakone Entrance Signage/CAD/Hakone.pln2317 Magnolia St. Oakland , 94607 C:: 510.501.3499 www.irongrain.com ELEVATION/ SECTION COLOR & MATERIALS BOARD Hakone Estate & Gardens 21000 Big Basin Way Saratoga CA 95070 #Property APN # ENTRANCE SIGNAGE RECONSTRUCTION 6" MIN.10"2'2'4"9"9"3"3" 5 1/4" 45° 4" DIA PERFORATED DRAIN PIPE SLOPE DRAIN TO (E) STORM DRAIN FILTER FABRIC #2 WAHSED GRAVEL FILL #4 REBAR @ 16" O.C. VERTICAL #4 REBAR ADJUSTABLE TIE AT EVERY OTHER COARSE GRANET SIGN BOARD : MATERIAL 3 CONC. FOOTING 12X8X16 CMU ADJUSTABLE TIE STONE : MATERIAL 1 GRANITE SHELV STUCCO : MATERIAL 2 8X8X16 CMU, TYP. #4 REBAR VERTICAL REINFORCEMENT IN GROUT FILLED CORE EVERY 3', TYP 9 GAGE HORIZONTAL JOINT REINFORCEMENT EVERY TWO COURSES 1X12 CEDAR BD COPPER FLASHING 2X2 WOOD STRIP JAPANESE EAVE ROOF TILE : MATERIAL 4 JAPANESE RIDGE ROOF TILE : MATERIAL 5 2X NAILER 2 X PT WOOD 1X PT WOOD 1X CEDER BD CONC. CAP 3/8" BOLT 12V 50W HALOGEN SPOT LIGHT W/ STAKE NOTE: 3" CLR TO REINFORCING 7'-11 1/2"3'-5 3/4"VARIESMEAN HT. 5'-6"7'-1 1/2"2'4"5 3/4" 5" JAPANESE RIDGE ROOF TILE : MATERIAL 5 JAPANESE EAVE ROOF TILE : MATERIAL 4 STUCCO : MATERIAL 2 GRANITE SHELF GRANITE SIGN : MATERIAL 3 STONE : MATERIAL 1 DRIVEWAY CURB DRIVE WAY 1 EXISTING SIGN 2 SURROUNDING SIGNAGE IN SARATOGA MATERIAL 4 - ROOF TILE MATERIAL 5 - RIDGE ROOF TILE MATERIAL 2 - STUCCO 4 PROPOSED SIGN - TYP. SECTION 1" = 1'-0" 3 PROPOSED SIGN - SOUTH ELEVATION 1:14.88 MATERIAL 1 - STONE MATERIAL 3 - GRANITE 138