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Home My WebLink About12-10-14 Planning Commission Agenda PacketTable of Contents Agenda 3 November 12, 2014 Draft Minutes 5 Application ELN14-0007; 12481 Brookglen Drive / 386-07-061; Dalbec / Sahara - The applicant requests Planning Commission approval to remodel and add floor area to an existing 2,752 square foot, one story, single-family home which encroaches into the rear setback area by approximately nine and one-half inches. The project would include a 527 square foot one story addition which would conform to all setbacks. The proposed work will result in expenditure of approximately 32% of the estimated construction cost of the existing structure, which requires approval by the Planning Commission. Staff Contact: Cynthia McCormick (408) 868-1230. Staff Report 8 Attachment 1 - PC Resolution 11 Attachment 2 - Arborist 15 Attachment 3 - plans 21 Application SUB14-0003; 18781 Allendale Avenue (389-27- 042); Raymond Babaoghli- The applicant is requesting Tentative Parcel Map approval to subdivide an approximately 1.01-acre (44,162 square feet) parcel located at 18781 Allendale Avenue into two lots. The proposed parcel size for Lot 1 is approximately 0.39 acre (17,237 square feet) and Lot 2 would be approximately 0.62 acre (26,925 square feet). The subject site is zoned R-1-12,500. Staff Contact: Christopher Riordan and Susie Pineda(408) 868-1235. Staff Report 36 Attachment 1 - Resolution 42 Attachment 2 - Public Hearing Notice 47 Attachment 3 - Tenative Map 48 Application ADR14-0007 / VAR14-0002; 14100 Alta Vista Avenue / 397-28-070; Ezekiel / Blu Homes; The applicant is proposing a new 17 foot-9 inch tall single-story 2,194 square foot home above an 845 square foot basement tandem garage and 1,196 square foot basement storage area. The project also includes a variance for a 14.5 foot front yard setback. Five protected trees will be impacted by the project. The City Arborist has approved the removal of three trees; however, the applicant proposes to keep all five trees and protect them during construction. Staff Contact: Cynthia McCormick (408) 868-1230. Alta Vista Staff Report 49 Attachment 1 - PC Resolution 56 Attachment 2 - 12-10-14 Notice 60 Attachment 3 - neighbor forms 61 Attachment 4 - Arborist Report 71 Attachment 5 - Geotech Clearance Memo 81 Attachment 6 - plans 82 Attachment 7 - color rendering 97 1 Attachment 8 - Applicant's Design Review Summary 98 Attachment 9 - Story Pole Certification 143 Application CUP 14-0008; 12230 Saratoga-Sunnyvale Rd / 386- 30-039; Time-Space Investment Development LLC - The Planning Commission has requested modifications to the applicant's conditional use permit, pursuant to City Code Section 15-55.100. The Commission may modify conditons or impose new conditions in order to preserve the public health, safety or welfare, or to prevent the creation or continuance of a public nuisance, or where such action is necessary to preserve or restore any of the findings set forth in City Code Section 15- 55.070. Staff Contact: Cynthia McCormick (408) 868-1230. Swim Club 12-10-14 Staff Report 144 Attachment 1 - 2014 Resolution 150 Attachment 2 - COA comparison 155 Attachment 3 - applicant letter 158 Attachment 4 - signed reso (to be superceded)159 Attachment 5 - Exhibit A - Development Plans 165 Attachment 6 - Exhibit B - Landscape, Irrigation, and Lighting Plans 169 2 AGENDA REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, December 10, 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 12, 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. NEW BUSINESS 1. Application ELN14-0007; 12481 Brookglen Drive / 386-07-061; Dalbec / Sahara - The applicant requests Planning Commission approval to remodel and add floor area to an existing 2,752 square foot, one story, single- family home which encroaches into the rear setback area by approximately nine and one-half inches. The project would include a 527 square foot one story addition which would conform to all setbacks. The proposed work will result in expenditure of approximately 32% of the estimated construction cost of the existing structure, which requires approval by the Planning Commission. Staff Contact: Cynthia McCormick (408) 868-1230. Recommended action: Adopt Resolution No. 14-055 approving the project subject to conditions of approval. PUBLIC HEARING All interested persons may appear and be heard at the above time and place. Applicants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing statements. 1. Application SUB14-0003; 18781 Allendale Avenue (389-27-042); Raymond Babaoghli- The applicant is requesting Tentative Parcel Map approval to subdivide an approximately 1.01-acre (44,162 square feet) parcel located at 18781 Allendale Avenue into two lots. The proposed parcel size for Lot 1 is approximately 0.39 acre (17,237 square feet) and Lot 2 would be approximately 0.62 acre (26,925 square feet). The subject site is zoned R-1-12,500. Staff Contact: Christopher Riordan and Susie Pineda(408) 868- 1235. 3 Recommended action: Staff recommends the Planning Commission approve Tentative Parcel Map application SUB14-0003 by adopting resolution 14-056. 2. Application ADR14-0007 / VAR14-0002; 14100 Alta Vista Avenue / 397-28-070; Ezekiel / Blu Homes; The applicant is proposing a new 17 foot-9 inch tall single-story 2,194 square foot home above an 845 square foot basement tandem garage and 1,196 square foot basement storage area. The project also includes a variance for a 14.5 foot front yard setback. Five protected trees will be impacted by the project. The City Arborist has approved the removal of three trees; however, the applicant proposes to keep all five trees and protect them during construction. Staff Contact: Cynthia McCormick (408) 868-1230. Recommended action: Adopt Resolution No. 14-054 approving the project subject to conditions of approval. 3. Application CUP 14-0008; 12230 Saratoga-Sunnyvale Rd / 386-30-039; Time-Space Investment Development LLC - The Planning Commission has requested modifications to the applicant's conditional use permit, pursuant to City Code Section 15-55.100. The Commission may modify conditons or impose new conditions in order to preserve the public health, safety or welfare, or to prevent the creation or continuance of a public nuisance, or where such action is necessary to preserve or restore any of the findings set forth in City Code Section 15-55.070. Staff Contact: Cynthia McCormick (408) 868-1230. Recommended action: Adopt Resolution 14-053 approving an updated Conditional Use Permit (CUP 14-0008) for the “Saratoga Star Aquatics” Swimming Facility located at 12230 Saratoga-Sunnyvale Road. ADJOURNMENT CERTIFICATE OF POSTING OF AGENDA You can also sign up to receive email notifications when Commission agendas and minutes have been added to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp. NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 4 ACTION MINUTES REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, November 12, 2014 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE ROLL CALL PRESENT Commissioners Leonard Almalech, Wendy Chang, Kookie Fitzsimmons, Pragati Grover, Dede Smullen, Tina Walia, Chair Mary-Lynne Bernald ABSENT None ALSO PRESENT Christopher Riordan, Senior Planner Curtis Williams, Interim CDD Cynthia McCormick, Planner COMMUNICATIONS FROM COMMISSION & PUBLIC APPROVAL OF MINUTES Approve Action Minutes from the Regular Planning Commission Meeting of October 22, 2014. Action: WALIA/CHANG MOVED TO APPROVE THE REVISED OCTOBER 22, 2014 MINUTES. MOTION PASSED. AYES: ALMALECH, BERNALD, CHANG, FITZSIMMONS, GROVER, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. NEW BUSINESS 1. Application ELN14-0005; 18594 Ravenwood Drive (397-43-040); Brett & Katherine Dawson (Owner)/Steve Howard Construction (Applicant) - The applicant requests Planning Commission approval to remodel an existing 2,072 square foot, one story, single-family home which encroaches into both the left and right side setback areas. The project would include a 765 square foot addition which would conform to all setbacks. Staff Contact: Christopher Riordan (408) 868-1235. Action: FITZSIMMONS/ALAMALECH MOVED TO ADOPT RESOLUTION 14-015 APPROVING THE PROJECT SUBJECT TO THE CONDITIONS OF APPROVAL. MOTION PASSED. AYES: ALMALECH, BERNALD, CHANG, FITZSIMMONS, GROVER, WALIA. NOES: SMULLEN. ABSENT: NONE. ABSTAIN: NONE. 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 PDR14-0013, ARB14-0030; 19421 San Marcos Road ; APN 397-13-017; Wenting Li & Yan Jiang (Applicant) - The project applicant is requesting Design Review approval to construct a new 5,909 square foot two story single-family home with a 1,172 square foot basement. The project would also 5 include the construction of an 817 square foot one story detached secondary dwelling unit. The net site area is 48,007 square feet and the property is zoned R-1-40,000. Staff Contact: Chris Riordan (408) 868-1235 Action: CHANG/WALIA MOVED TO ADOPT RESOLUTION 14-051 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES: ALMALECH, BERNALD, CHANG, FITZSIMMONS, GROVER, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 2. Application PDR14-0021; 15220 El Camino Grande / 397-08-038; Calderon - The applicant is proposing an 873 square foot addition to an existing home. The remodeled home and accessory structures will have a total floor area of 4,924 square feet. The addition includes a new entry feature that will be 26 feet in height. No protected trees are requested for removal. Staff Contact: Cynthia McCormick (408) 868-1230. Action: GROVER/FITZSIOMMONS MOVED TO ADOPT RESOLUTION 14-050 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES: ALMALECH, BERNALD, CHANG, FITZSIMMONS, GROVER, SMULLEN. NOES: WALIA. ABSENT: NONE. ABSTAIN: NONE. 3. Application CUP09-0014; 12230 Saratoga-Sunnyvale Rd / 386-30-039; Time-Space Investment Development LLC; Pursuant to City Code Section 15-55.100, the Planning Commission may modify or delete any conditions of a conditional use permit or impose any new conditions in order to preserve the public health, safety or welfare, or to prevent the creation or continuance of a public nuisance, or where such action is necessary to preserve or restore any of the findings set forth in City Code Section 15-55.070. Staff Contact: Cynthia McCormick (408) 868-1230. Action: BERNALD/GROVER MOVED TO CONTINUE THE ITEM TO DECEMBER 10, 2014 MEETING. MOTION PASSED. AYES: ALMALECH, BERNALD, CHANG, FITZSIMMONS, GROVER, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 4. Application CUP14-0007; 20400 Saratoga-Los Gatos Road; Our Lady of Fatima Villa - Pursuant to City Code Section 15-55.100, the Planning Commission may modify or delete any conditions of a conditional use permit or impose any new conditions in order to preserve the public health, safety or welfare, or to prevent the creation or continuance of a public nuisance, or where such action is necessary to preserve or restore any of the findings set forth in City Code Section 15-55.070. Staff Contact: Cynthia McCormick (408) 868-1230. Action: GROVER/FITZSIMMONS MOVED TO ADOPT RESOLUTION 14-049 WITH CHANGES TO THE CONDITIONS: COA #13a: Replaced this condition with the following condition: Signs shall be posted restricting parking along the fence and perimeter of the upper parking lot to residents, guest, physicians, and clergy only. COA #13ciii: Replaced this condition with the following condition: A parking construction period management plan, signed by the applicant and the owner of the facility providing off-street parking, shall be submitted for review and approval by the Community Development Director. COA #17b: Removed the following words from this condition: The through-wall exhaust fan shall be located on the northwest wall of the building and the dryer exhaust path shall terminate at the north end of the building to minimize noise and privacy impacts on adjoining properties. MOTION PASSED. AYES: ALMALECH, BERNALD, CHANG, FITZSIMMONS, GROVER, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 6 5. Application GPA14-0006, ZOA14-0004, (City Wide)- 2015-2023 General Plan Housing Element Implementation Ordinance including Conforming Amendments to the Land Use Element. Staff Contact. Christopher Riordan (408) 868-1235 Action: SMULLEN/WALIA RECOMMENDED CITY COUNCIL APPROVE THE GENEAL PLAN HOUSING ELEMENT IMPLEMENTATION ORDINANCE AND CONFORMING AMENDMENTS TO THE GENERAL PLAN LAND USE ELEMENT. MOTION PASSED. AYES: ALMALECH, BERNALD, CHANG, FITZSIMMONS, GROVER, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. DIRECTOR/COMMISSION COMMUNICATION ADJOURNMENT WALIA/CHANG MOVED TO ADJOURN AT 10:39 PM. MOTION PASSED. AYES: ALMALECH, BERNALD, CHANG, FITZSIMMONS, GROVER, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE 7 REPORT TO THE PLANNING COMMISSION Meeting Date: December 10, 2014 Application: ELN14-0007 Location / APN: 12481 Brookglen Drive / 386-07-061 Owner/Applicant: Dalbec / Sahara Staff Planner: Cindy McCormick 12481 Brookglen Drive 8 12481 Brookglen Drive / ELN14-0007 Summary PROJECT DESCRIPTION: The applicant requests Planning Commission approval to remodel and add floor area to an existing 2,752 square foot, one story, single-family home which encroaches into the rear setback area by approximately nine and one-half inches. The project would include a 527 square foot one story addition which would conform to all setbacks. The proposed work will result in expenditure of approximately 32% of the estimated construction cost of the existing structure, which requires approval by the Planning Commission. STAFF RECOMMENDATION: Adopt Resolution No. 14-055 approving the project subject to conditions of approval. Approval by the Planning Commission is required pursuant to City Code Sections 15-65.050(b) for additions to a nonconforming building where the addition comprises 20%-50% of the estimated construction cost of the existing structure. PROJECT DATA: Net Site Area: 9,785 SF General Plan Designation: Medium Density Residential (M-10) Zoning: Single-Family Residential (R1-10,000) Proposed Allowed/Required Total Site Coverage 4,694 sf (48%) 60% Maximum Total Floor Area 3,200 sf 3,200 sf Maximum Height 17 feet-6 inches 26 feet Maximum Setbacks Front: Left Side: Right Side: Rear: 25’ 10’-9.5” 10’ 24’-2.5” 25’ 7.6’ 7.6’ 25’ Trees: No trees are requested for removal or permitted for removal to construct this project. One silver maple tree shall be protected during construction, as provided in the attached Arborist Report. Neighbor Notification and Correspondence: The property owner posted a sign in front of the property, notifying neighbors of the application for a building permit. No comments have been received as of the writing of this report. Page 2 of 3 9 12481 Brookglen Drive / ELN14-0007 FINDINGS AND DETERMINATIONS Pursuant to City Code Section 15-65.050(b), major repair and alteration of a nonconforming structure may be permitted if the Planning Commission is able to make the following determinations: (1) The repair and/or alteration will accommodate a conforming use. This finding may be made in the affirmative because a residential structure and addition thereto is permitted by City Code in the R1-10,000 zoning district. (2) The repair and/or alteration does not increase the degree of noncompliance, or otherwise increase the discrepancy between existing conditions and the requirements of this Chapter. This finding may be made in affirmative because the addition will conform to City Code and the applicant is not proposing any modifications to the non-conforming rear section of the home. (3) The repair and/or alteration do not effectively extend or perpetuate the useful life of any particular feature or portion of the structure which is nonconforming. This finding may be made in the affirmative because the applicant is not proposing any improvements to the non- conforming portion of the home. Environmental Determination: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures,” of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. ATTACHMENTS: 1. Resolution of Approval 2. Arborist Report 3. Development Plans (Exhibit "A") Page 3 of 3 10 RESOLUTION NO: 14-055 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING AN APPLICATION (ELN 14-0007) FOR AN ALTERATION TO A NON-CONFORMING SINGLE-FAMILY DWELLING LOCATED AT 12481 BROOKGLEN DRIVE, SARATOGA CA 95070 (386-07-061) WHEREAS, on May 16, 2014 an application was submitted by Timothy Dalbec and Jennifer Sahara requesting approval for the alteration of a legal non-conforming single-family residence. The existing structure encroaches into the rear setback by approximately nine and one- half inches. The addition will conform to the city code. No significant structural changes will occur to the exterior wall or roof structure where the non-conforming setback occurs. WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine this project exempt. WHEREAS, on December 10, 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 15303, Class 3 “New Construction or Conversion of Small Structures,” of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. Section 3: The project is consistent with the following Saratoga General Plan Policies: Conservation Element Goal 2 and Land Use Element Goal 1 which states that the City shall preserve the City’s existing character which includes small town residential, rural/semi-rural areas and open spaces areas; Conservation Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development; and Land Use Element Policy 1.1 that the City shall continue to be predominantly a community of single-family detached residences. Section 4: The project is consistent with the Saratoga City Code in that the repair and/or alteration will accommodate a conforming use; the repair and/or alteration does not increase the degree of noncompliance, or otherwise increase the discrepancy between existing conditions and the requirements of this Chapter; and the repair and/or alteration does not effectively extend or perpetuate the useful life of any particular feature or portion of the structure which is nonconforming. 11 Resolution No. 14-055 Section 5: The City of Saratoga Planning Commission hereby approves ELN14-0007 located at 12481 Brookglen Drive subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 10th day of December 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Chair, Planning Commission 12 Resolution No. 14-055 Exhibit 1 CONDITIONS OF APPROVAL ELN14-0007 12481 BROOKGLEN DRIVE / 386-07-061 1. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner’s successors in interest for such time period. No zoning clearance, or demolition, or grading for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent or other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content to satisfaction of the Community Development Director. If a condition is not “Permanent” or does not have a term specified, it shall remain in effect until the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent. 2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this approval is duly executed, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the City certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 3. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga City Code incorporated herein by this reference. 4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. 5. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A", and as conditioned below. All proposed changes to the Approved Plans must be submitted in 13 Resolution No. 14-055 writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with City Code. 6. Statement of Acknowledgment of Legal Nonconforming Status: The property Owner shall record a Statement of Acknowledgment of Legal Nonconforming Status, satisfactory to the Community Development Director, specifying the limits of any expansion and/or intensification of the non-conforming structure. 7. Non-Conforming Structure Limitations. In no event shall the cumulative expenditures for repairs and/or alterations on any nonconforming structure exceed fifty percent of the estimated construction cost of the structure prior to such repairs and/or alterations, unless such structure is changed to a conforming structure or otherwise satisfies the standards set forth by City Code. 8. City Arborist. All requirements in the City Arborist Report dated November 18, 2014 are hereby adopted as conditions of approval and shall be implemented as part of the Approved Plans. A Tree Protection Security Deposit is required per City Ordinance 15-50.080. The $2,500 deposit shall be obtained by the owner and filed with the Community Development Department before obtaining Building Division permits. The deposit may be in the form of cash, check, credit card payment or a bond. The deposit shall remain in place for the duration of construction of the project. The deposit may be released once the project has been completed, inspected and approved by the City Arborist. 9. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department. b. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. c. This signed and dated Resolution printed onto separate construction plan pages. d. The site plan shall contain a note with the following language: “Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks comply with the Approved Plans,” which note shall represent a condition which must be satisfied to remain in compliance with this Approval. 14 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REPORT Application No: ARB14-0028 Prepared by Kate Bear, City Arborist Site: 12481 Brookglen Drive Phone: (408) 868-1276 Owner: Tim Dalbec and Jennifer Sahara Email: kbear@saratoga.ca.us APN: 386-07-061 Email:tdalbec@yahoo.com Report History: Report 1 Date: Plans received June 16, 2014 Report completed July 8 , 2014 Report 2 – this report replaces report 1 Plans for new design received October 29, 2014 Report completed November 18, 2014 PROJECT SCOPE: The applicant has submitted plans to the City to add on to the house to the front and the side and remodel the interior. No trees are requested or permitted for removal to construct this project. STATUS: Approved by City Arborist to proceed, with conditions. PROJECT DATA IN BRIEF: Tree bond – Required - $2,500 Tree fencing – Required – see attached map and conditions of approval. Tree removals – None requested or permitted. Replacement trees – None required 1 15 12481 Brookglen Drive FINDINGS: Tree Removals No trees protected by City Code are requested or approved for removal to construct this project. New Construction Based on the information provided, and as conditioned, this project complies with the requirements for the setback of new construction from existing trees under Section 15-50.120 of the City Code. Tree Preservation Plan This arborist report, once copied onto a plan sheet and included in the final set of plans, satisfies the requirement for a Tree Preservation Plan under Section 15-50.140 of the City Code. ATTACHMENTS: 1 – Plans Reviewed and Tree Information 2 – Conditions of Approval 3 – Map of Site showing tree location IMPORTANT This entire report, including attachments, shall be copied onto a plan sheet, titled “Tree Preservation”, and included in the final set of plans. 2 16 12481 Brookglen Drivew Attachment 1 PLANS REVIEWED: Architectural Plans reviewed: Preparer: Paladin Design and Engineering Date of Plans: September 25, 2014 Sheet A 0.0 Cover Sheet and Site Plan Sheet A 1.0 Existing Floor Plan Sheet A 1.1 Existing Elevations Sheet A 2.0 Proposed Floor Plan Sheet A 3.0 Proposed Elevations Sheet A 4.0 Cross-Sections TREE DATA: A site visit was made to the property on February 20, 2014. During that visit one silver maple (tree 1) was inspected visually and inventoried. The tables below provide information on the condition of the tree and its appraised value. Table 2: Condition of trees and potential construction impacts Number Species Trunk Diameter (inches) Condition Intensity of Construction Impacts Suitability for Preservation Silver maple Low/ 1 Acer saccharinum 20 Good Moderate High Table 3: Appraised value Species Trunk Diameter Canopy Spread Health Structure Site Contri- bution Place -ment Appraised value #1: Silver maple, Acer saccharinum 20 35 ft. 90 80 80 70 70 $4,900 Species ratings: silver maple = 30% The appraised value was calculated using the Trunk Formula Method and according to the Guide for Plant Appraisal, 9th Edition, published by the International Society of Arboriculture (ISA), 2000. This was used in conjunction with the Species Classification and Group Assignment, published by the Western Chapter of the ISA, 2004. 3 17 12481 Brookglen Drivew Attachment 2 CONDITIONS OF APPROVAL 1. This entire arborist report shall be copied on to a plan sheet, titled “Tree Preservation” and included in the final job copy set of plans. 2. Tree Protection Security Deposit a. Is required per City Ordinance 15-50.080. b. Shall be $2,500 for tree(s) 1. c. Shall be obtained by the owner and filed with the Community Development Department before obtaining Building Division permits. d. May be in the form of cash, check, credit card payment or a bond. e. Shall remain in place for the duration of construction of the project. f. May be released once the project has been completed, inspected and approved by the City Arborist. 3. Tree Protection Fencing: a. Shall be installed as shown on the attached map. b. Shall be established prior to the arrival of construction equipment or materials on site. c. Shall be comprised of six-foot high chain link fencing mounted on eight-foot tall, 2-inch diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10 feet apart. d. Shall be posted with signs saying “TREE PROTECTION FENCE - DO NOT MOVE OR REMOVE WITHOUT APPROVAL FROM CITY ARBORIST, KATE BEAR (408) 868-1276”. e. Call City Arborist, Kate Bear at (408) 868-1276 for an inspection of tree protection fencing once it has been installed. This is required prior to obtaining building division permits. f. Tree protection fencing shall remain undisturbed throughout the construction until final inspection. g. If contractor feels that work must be done inside the fenced area, call City Arborist to arrange a field meeting. 4. Trenching to install new utilities or connect existing utilities to new is not permitted inside tree protection fencing. 5. No protected tree authorized for encroachment pursuant to this project may be encroached upon until the issuance of the applicable permit from the building division for the approved project. 6. Receipt of a Planning or Building permit does not relieve applicant of his responsibilities for protecting trees per City Code Article 15-50 on all construction work. 7. All construction activities shall be conducted outside tree protection fencing. These activities include, but are not necessarily limited to, the following: demolition, grading, trenching, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation and parking. 4 18 12481 Brookglen Drivew Attachment 2 8. Any permitted pruning or root pruning of trees on site shall be performed under the supervision of the Project Arborist and according to ISA standards. 9. No trees are permitted for removal to construct this project. 10. Stockpiling of construction materials or equipment, and the disposal of construction debris or harmful products, is prohibited under tree canopies or anywhere on site that allows drainage to areas under tree canopies. 11. At the end of the project, when the contractor wants to remove tree protection fencing and have the tree protection security deposit released by the City, call City Arborist for a final inspection. 5 19 12481 Brookglen Drive Legend Tree Canopy Tree Protection Fence 1 Attachment 3 6 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 REPORT TO THE PLANNING COMMISSION Meeting Date: December 10, 2014 Application: SUB14-0003 Location / APN 18781 Allendale Avenue / 389-27-042 Applicant/Owner: Raymond Babaoghli Staff Planner: Susie Pineda, Contract Planner 18781 Allendale Avenue 36 Application No. SUB14-0003 / 18781 Allendale Avenue Page 2 of 6 SUMMARY PROJECT DESCRIPTION: The applicant is requesting Tentative Parcel Map approval to subdivide an approximately 1.01-acre (44,162 square feet) parcel located at 18781 Allendale Avenue into two lots. Lot 1 would have 106.78 feet of street frontage on Allendale Avenue and has a single family home on site that will be demolished prior to recordation of the final map. Parcel 2 is proposed to be a flag lot and would have 20.25 feet of street frontage on Allendale Avenue. The proposed parcel size for Lot 1 is approximately 0.39 acre (17,237 square feet) and Lot 2 would be approximately 0.62 acre (26,925 square feet). The subject site is zoned R-1- 12,500. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Tentative Parcel Map application SUB14-0003 by adopting resolution 14-056. PROJECT DATA: Zoning: R-1-12,500 General Plan Designation: Medium Density Residential (M-12.5) Parcel Size: 44,162 sq. ft. Average Slope: 2.4% PROPOSAL CODE REQ./ALLOWANCE CONFORMANCE Parcel 1: Parcel size: 17,237 square feet 12,500 square feet Conforms Frontage: 106.78 feet 65 feet Conforms Width: 105.41 feet 90 feet Conforms Depth: 163.52 feet 120 feet Conforms Floor Area: N/A N/A N/A Setbacks: Front: N/A 25 feet N/A Sides: N/A 10/15 feet N/A Rear: N/A 25/35 feet N/A Parcel 2 (Flag Lot): Parcel size: 26,925 square feet 20,000 square feet for a flag lot Conforms Frontage: 20.25 feet 20 feet for a flag lot Conforms Width: 125.41 feet 90 feet Conforms Depth: 187 feet 120 feet Conforms Floor Area: N/A N/A N/A 37 Application No. SUB14-0003 / 18781 Allendale Avenue Page 3 of 6 Setbacks: Front: N/A 25 feet N/A Sides: N/A 10/15 feet N/A Rear: N/A 25/35 feet N/A Note: N/A indicates that compliance is not yet demonstrated but will be determined at the time of design review for new homes on each site. PROJECT DISCUSSION AND SITE CHARACTERISTICS The applicant requests Tentative Parcel Map approval to subdivide an approximately 1.01 gross acre (44,162 square feet) parcel located at 18781 Allendale Avenue into two lots. Both parcels are proposed to have street frontage with separate driveways on Allendale Avenue. The proposed size of Parcel 1 would be approximately 0.39 acre (17,237 square feet) and Parcel 2 would be approximately 0.62 acre (26,925 square feet). The property is zoned R-1-12,500 (Single Family Residential) with a General Plan Designation of Medium Density Residential (M-12.5). Zoning and Subdivision Ordinance Compliance The City’s Subdivision and Zoning regulations are the implementation tools of Saratoga’s General Plan and the State of California Subdivision Map Act. The Zoning Ordinance establishes minimum standards for lot sizes, depths, widths, and frontages. It also regulates building placement, modifications to natural topography and ordinance-protected tree removal. The proposed Tentative Parcel Map complies with all minimum zoning standards with regard to parcel size and configuration. Compliance with setbacks and floor area requirements will be demonstrated upon application for design review of homes for these sites. The map outlines the required building envelope for each site, however, and indicates that compliance with those standards is readily feasible. City Department/Outside Agency Review This Tentative Parcel Map has been reviewed by the Public Works Department, the City Arborist, and the following agencies. No concerns or objections have been received and required conditions are included in the Conditions of Approval. • Santa Clara County Fire • West Valley Sanitation District • Pacific Gas and Electric • San Jose Water Company • Campbell Union School District • Los Gatos- Saratoga Joint Union High School District Trees The project site contains several trees but no trees are currently proposed for removal. The City Arborist will review the trees if and when the property owners decide to build on the parcel(s) as a part of the Design Review application process. 38 Application No. SUB14-0003 / 18781 Allendale Avenue Page 4 of 6 Neighbor Notification The applicant conducted neighbor outreach by personally knocking on the doors of adjacent homeowners. The applicant made three attempts and was able to hand deliver one form and left the rest in the appropriate mailboxes. Pursuant to Government Code 54954.2, this item was properly posted as a Planning Commission agenda item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library in advance of the meeting. A Public Notice was also sent to owners of properties located within 500 feet of the site. No concerns have been brought to the City’s attention as of the writing of this staff report. ENVIRONMENTAL DETERMINATION The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15315 (Minor Land Divisions) because the project is 1) dividing property in an urbanized area that is zoned for residential use into four or fewer parcels, 2) the project is in conformance with the General Plan and Zoning Ordinance, 3) no variances or exceptions are required, 4) all services and access to the proposed parcels to local standards are available, 5) the parcel was not involved in a division of a larger parcel within the previous two years, and 6) the parcel does not have an average slope greater that 20 percent. TENTATIVE MAP APPROVAL FINDINGS The Planning Commission shall not approve any tentative map if the commission finds the proposal supports any of the following nine findings (Municipal Code Section 14- 20.070(b)). (1) That the proposed map is not consistent with the General Plan and any applicable specific plans. The proposed map is consistent with the General Plan and applicable specific plans in that proposed parcels are consistent with the General Plan designation of Medium Density Residential (M-12.5) defined as 3.48 dwelling units per net acre. The proposed parcels meet the minimum lot size required by the municipal code for the R-1-12,500 zone district. Proposed lot dimensions including width, depth and frontage meet or exceed the minimums required by the municipal code. (2) That the design or improvements of the proposed subdivision are not consistent with the General Plan and any applicable specific plan. The subdivision application does not propose design or improvements to the land. The proposed subdivision is consistent with the General Plan. Any proposed development would require a Design Review permit. Any future proposed development would not exceed a density of 3.48 dwelling units per acre and future development would be limited to 55 percent site coverage. The proposed parcel sizes, configuration, access and building envelopes are consistent with the zoning code and are compatible with the existing density in the project vicinity. The proposed building envelopes are sufficient in size and dimension to accommodate a single-family residence. Building envelopes provided on the proposed tentative map indicate required setbacks can be provided to meet the development regulations. 39 Application No. SUB14-0003 / 18781 Allendale Avenue Page 5 of 6 Design review approval shall be required, as applicable in the municipal code, for any new development. At that time an application to construct a single-family residence is filed with the Community Development Department. The mass, bulk, view, privacy and compatibility issues of the proposed residence with the existing neighborhood and residences shall be examined during the design review process. (3) That the site is not physically suitable for the type of development proposed. The site is suitable for the type of development proposed in that the proposed building envelopes and surrounding areas are relatively level. The subdivision would not impose features on the proposed parcels regarding size or shape that may constrain future development on the site. The existing conditions are such that they do not include physical features including topography, location, or surroundings that may hinder future development on the site. (4) That the site is not physically suitable for the proposed density of development. The site is physically suitable for the proposed density of development in that the subdivision application may result in the construction of one single-family residence on each parcel. The general plan allows a maximum of 3.48 dwelling units per acre. The potential for the construction of a single-family home on each parcel is consistent with the surrounding uses and densities in the area. Densities in the immediate surrounding area are predominantly characterized by low-density single-family residential uses on similarly sized parcels. (5) That the design of the subdivision is likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat. The design of the subdivision is not likely to cause substantial environmental damage or substantial and unavoidable injury to fish or wildlife or their habitat, in that the proposed project, which includes subdivision of one lot into two lots, is categorically exempt from the Environmental Quality Act (CEQA), pursuant to section 15315 of the Guidelines for the Implementation of CEQA. This Class 15 exemption can be applied to the division of property in urbanized areas zoned for residential use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope of greater than 20 percent. (6) That the design of the subdivision is likely to cause serious health or safety problems. The design of the subdivision is not likely to cause serious health or safety problems in that the proposed project is consistent with the zoning and subdivision regulations in the Municipal Code and General Plan. The Tentative Parcel Map has been reviewed by the West Valley Sanitation District, Santa Clara County Fire Department, the City Arborist, Pacific Gas & Electric, School Districts, and the Planning Department and Public Works Department. All structural improvements to the property would be reviewed by the Community Development Department. The project site is located in Zone X on the Flood Insurance Maps by FEMA. This designation incorporates the vast majority of properties within the City and does not present a health or safety hazard. 40 Application No. SUB14-0003 / 18781 Allendale Avenue Page 6 of 6 (7) That the design of the subdivision will conflict with easements for access or use. The design of the subdivision would not conflict with easements for access or use. Access to both parcels would be provided from the public street (Allendale Avenue). There are no access easements in the area that would be affected by the subdivision. (8) That a proposed subdivision of land which is subject to a contract executed pursuant to the Williamson Act. The proposed subdivision of land is not subject to a contract executed pursuant to the Williamson Act. (9) That the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements. The discharge of waste from the proposed subdivision into an existing public sewer system would not result in violation of existing requirements. The West Valley Sanitation District operates a sewer line in Via Alto Court and Allendale Avenue and will provide adequate service to the parcels. ATTACHMENTS: 1. Resolution for approval 2. Public hearing notice and copy of mailing labels for project notification 3. Reduced Plans (Exhibit A) 41 Attachment 1 RESOLUTION NO: 14-056 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING TENTATIVE PARCEL MAP APPLICATION SUB14-0003 LOCATED AT 18781 ALLENDALE AVENUE WHEREAS, on September 3, 2014, an application was submitted by Raymond Babaoghli on behalf of DJM Partnership requesting Tentative Parcel Map approval to subdivide an approximately 1.01 acre (44,162 square feet) parcel located at 18781 Allendale Avenue into two lots. Lot 1 would have street frontage on Allendale Avenue. Lot 2 is a flag lot and would also have access off of Allendale Avenue. The proposed size of Lot 1 would be approximately 0.39 acre (17,237 square feet) and Lot 2 would be approximately 0.62 acre (26,925 square feet). The property is zoned R-1-12,500 (Single Family Residential) with a General Plan Designation of Medium Density Residential (M-12.5). 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 December 10, 2014, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City Staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to section 15315 (Minor Land Divisions) because the project is 1) dividing property in an urbanized area that is zoned for residential use into four or fewer parcels, 2) the project is in conformance with the General Plan and Zoning Ordinance, 3) no variances or exceptions are required, 4) all services and access to the proposed parcels to local standards are available, 5) the parcel was not involved in a division of a larger parcel within the previous two years, and 6) the parcel does not have an average slope greater that 20 percent. Section 3: The project is consistent with the following Saratoga General Plan Policies: Land Use LU 1.1 which provide that the city shall continue to be predominantly a community of single-family detached residences; and Land Use Policy LU 1.3 which provides that the city shall ensure that existing undeveloped sites zoned single-family detached residential remain so designated. Section 4: The project is consistent with the Saratoga City Code in that the Planning Commission shall not approve any tentative map if the commission finds the proposal supports any of the nine findings contained in Municipal Code Section 14-20.070(b). Staff has provided evidence, and the Commission has determined that the evidence does not support any the findings. 42 Resolution No. 14-056 Section 5: The City of Saratoga Planning Commission hereby approves SUB14-0003, located at 18781 Allendale Avenue, subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 10th day of December 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Chair, Planning Commission 43 Resolution No. 14-056 Exhibit 1 CONDITIONS OF APPROVAL SUB14-0003 18781 ALLENDALE AVENUE (APN 389-27-042) A. GENERAL 1. Conditions may be modified only by the Planning Commission unless modification is expressly otherwise allowed by the City Code, including but not limited to Sections 15-80.120 and/or 16- 05.035, as applicable. 2. The City shall mail to the Owner and Applicant a notice in writing, on or after the time the Resolution granting this Approval is duly executed containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). THIS APPROVAL OR PERMIT SHALL EXPIRE SIXTY (60) DAYS AFTER THE DATE SAID NOTICE IS MAILED IF ALL PROCESSING FEES CONTAINED IN THE NOTICE HAVE NOT BEEN PAID IN FULL. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the Community Development Director certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 3. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. 4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. The 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. 44 Resolution No. 14-056 B. COMMUNITY DEVELOPMENT 5. An application for Design Review shall be submitted for any proposed single-family homes to be constructed. 6. Prior to submittal of the Final Map, the existing single family home located on proposed Parcel 1 shall be demolished. C. WEST VALLEY SANITATION DISTRICT 7. The developer is required to pay all applicable fees prior to the recordation of the Final Map. The fees will be determined upon submittal of the improvement plan. District approval will be in the form of sewer connection permits after payment of fees. D. PUBLIC WORKS DEPARTMENT 8. Prior to submittal of the Final Map to the City Engineer for examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property corner locations, either found or set. The submitted map shall also show monuments set at each new corner location, angle point, or as directed by the City Engineer, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. 9. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative Map, along with the additional documents required by Section 14- 40.020 of the Municipal Code, to the City Engineer for examination. The Final Map shall contain all of the information required in Section 14-40.030 of the Municipal Code and shall be accompanied by the following items: a. Two copies of map checking calculations. b. Two copies of the Preliminary Title Report for the property dated within ninety (90) days of the date of submittal for the Final Map. c. Two copies of each map referenced on the Final Map. d. Two copies of each document/deed referenced on the Final Map. e. Two copies of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the City Engineer. f. Two copies of the approved Tentative Map. 10. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the time of submittal of the Final Map for examination. 11. Interior monuments shall be set at each lot corner either prior to recordation of the Final Map or some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the 45 Resolution No. 14-056 setting of interior monuments to a specified later date, then sufficient security as determined by the City Engineer shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. 12. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements and/or rights-of-way on the Final Map, in substantial conformance with the approved Tentative Map and conditions of approval, prior to Final Map approval. 13. An Encroachment Permit issued by the Public Works Department is required for new driveway approaches, utility connections, and all other improvements in any portion of the public right-of- way or of a public easement prior to commencement of the work in the public right-of-way or public easement. 14. Prior to Final Map approval, the owner (applicant) shall furnish the City Engineer with satisfactory written commitments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements to serve the subdivision. 15. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to commencement of subdivision improvement construction. Copies of permits other than those issued by the City shall be provided to City Engineer. 16. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map approval. 17. The owner/applicant shall comply with requirements of Provision C.3 of National Pollutant Discharge Elimination System Permit. The applicant shall use and maintain Best Management Practices (BMP’s) for the site design and storm water treatment. 18. All building and construction related activities shall adhere to New Development and Construction - Best Management Practices as adopted by the City for the purpose of preventing storm water pollution. E. PACIFIC GAS & ELECTRIC 19. The applicant shall coordinate with PG&E early in the development of the project to promote safe and reliable maintenance and operation of existing utility facilities. Any proposed development plans shall provide for unrestricted utility access and prevent interference with PG&E easements. 20. The installation of new gas and electric facilities and/or the relocation of existing PG&E facilities shall be performed in accordance with common law or Rules and Tariffs as authorized by the California Public Utilities Commission. 46 CITY OF SARATOGA Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1222 NOTICE OF PUBLIC HEARING The City of Saratoga’s Planning Commission announces the following public hearing on: Wednesday, the 10th of December, 2014, at 7:00 p.m. The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. A site visit will also be held by the Planning Commission at the subject property. Please contact the Planning Department for the date and time of the site visit. The public hearing agenda item is stated below. Details of this item are available at the Saratoga Community Development Department, Monday through Friday 8:00 a.m. – 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding Friday office closures. APPLICATION/ADDRESS: SUB14-0003 / 18781 Allendale Avenue APPLICANT/OWNER: Raymond Babaoghli / DJM Partnership APN: 389-27-042 DESCRIPTION: The applicant is requesting approval of a subdivision to subdivide a 44,162 square foot lot in the R-1-12,500 zoning district. Lot One would be 17,237 square feet and Lot Two would be 26,925 square feet. All interested persons may appear and be heard at the above time and place. In order for information to be included in the Planning Commission’s information packets, written communications should be filed on or before Monday, December 1, 2014. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor’s office annually, in preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Susie Pineda Contract Planner (408) 868-1231 47 16"RCP W/ TRANS & R I S O RCURBCURBBRICKCONCCONCCONCGROUNDGROUNDGROUNDGROUND GROUND GROUNDVAULTWMEBEB MBGARAGEFF=307.20BARNPONDH2OHEATERCONC 12"T10",11",13"T13"TCONC. CU R B & G U T T E R "--&/%"- & " 7 & 38SSMHRIM=309.90SDMHRIM=309.95CBCONC. CU R B & G U T T E R BRICKPLANTERCONCCONCBBQ SHEDCARPORTGROUNDGROUNDGROUNDGROUNDSIGNSSCOSSCOSSCOACACCONC DWEBEM GMSSCO HOUSEFF=308.25SSCO22"T42"T13"T13"T#..'0&#.'#8' 6915+0).'(#/+.;&9'..+0)5 6'06#6+8'/#2 TENTATIVE MAPA.P.N.: SARATOGA, CA18781 ALLENDALE AVE.ACRES GENERAL NOTES PARCEL A EXISTING PARCEL SQ. FT. 44,162 TM-1 1.01 LEGEND AND ABBREVIATIONS PROPOSED LOTS 389-27-0425#4#61)#%#.+(140+# GROSS SF VICINITY MAP 5.12'&'05+6;%#.%7.#6+10 FRONTAGE WIDTH DEPTHACRES 48 REPORT TO THE PLANNING COMMISSION Meeting Date: December 10, 2014 Application: ADR14-0007 / VAR14-0002 Location / APN: 14100 Alta Vista Avenue / 397-28-070 Owner/Applicant: Richard Ezekiel / Blu Homes Staff Planner: Cindy McCormick, Planner, AICP 14100 Alta Vista Avenue Page 1 of 7 49 Summary PROJECT DESCRIPTION: The applicant is proposing a new 17 foot-9 inch tall single-story 2,194 square foot home above an 845 square foot basement tandem garage and 1,196 square foot basement storage area. The project also includes a variance for a 14.5 foot front yard setback. Five protected trees will be impacted by the project. The City Arborist has approved the removal of three trees; however, the applicant proposes to keep all five trees and protect them during construction. STAFF RECOMMENDATION: Adopt Resolution No. 14-054 approving the project subject to conditions of approval. Variance approval by the Planning Commission is required pursuant to City Code Section 15- 70.050. Design review approval is required pursuant to City Code Section 15-45.060. PROJECT DATA: Site Area: 10,155 sf gross/net Average Slope: 32% for entire property / level under building Grading: ~142 cy cut / 0 fill (driveway/trench) & ~52 cy cut / 0 fill (rear yard) ~55 cy cut / 0 fill (home) & ~724 cy cut / 0 fill (basement)1 General Plan Designation: Medium Density Residential (M-10) Zoning: Single-Family Residential (R1-10,000) Proposed Allowed/Required Site Coverage Residential Footprint Driveway Walkway to creek Crushed Gravel Total Site Coverage Front Yard Impervious 2,643 sf 468 sf (50% of 936 ) 603 sf 985 sf (50% of 1,970) 4,699 sf (46%) 02 6,093 sf (60%) Maximum 460 sf Maximum (50% of 920) Floor Area First Floor Total Floor Area Basement Garage Basement Storage 2,194 sf. 2,194 sf 845 sf 1,196 sf The ‘net site area’ after deducting for slope is less than 5,000 sf. The floor area standard in that case is to be determined by the Commission. Height Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: 445.8’ 446.7’ 446.25’ 464’(17.75’) 26 feet Maximum Continued next page 1 Excavation for a below finished grade basement and/or footings of a building, retaining wall or other structure authorized by a valid building permit is exempt from the City’s grading permit requirements, per Section 16-17.030. 2 There are no impervious surfaces proposed in the front yard. The driveway is proposed with permeable pavers. Application ADR 14-0007/VAR14-0002; 14100 Alta Vista Avenue / 397-28-070 Page 2 of 7 50 Proposed Allowed/Required Setbacks3 Front: Left Side: Right Side: Rear: 1st Story 14’6” 6.0’ 7’7” 87.0’ 1st Story 25’ 6’ 6’ 25 PROJECT DESCRIPTION VARIANCE A variance for a reduced front setback is requested due to the narrow width and steep slope of the lot. The lot has a significant drop in elevation behind the location of the proposed home and would require extensive grading and engineering to push the home back further on the lot. The three homes to the right of the subject property have non-conforming front setbacks. The three properties to the left have conforming setbacks, but two of those properties are double lots. The table below describes the three homes to the left and right of the subject property. Address Front Setback Home Description / Age Site Description *14110 Alta Vista 14’7” setback variance Two story (2014) 1,823 SF + 1,044 SF basement One house to the right Steep lot at rear *14120 Alta Vista 17’10” pre-incorporation Split Level (~1940, 2010) 1,436 SF Two houses to the right Steep lot at rear *14130 Alta Vista 12.75’ setback variance Two story (~1988) 3,324 + 1,014 4 = 4,338 SF Three houses to the right Steep lot at rear *14081 Alta Vista 4’ (garage) setback variance Two story (~1940, 1984) ? + 576 SF garage Across street Non-conforming corner lot 14080 Alta Vista Conforming Two story One house to the left Double lot, Steep lot at rear 14078 Alta Vista Conforming Single story Two houses to the left Steep lot at rear 14054 Alta Vista Conforming Two story Three houses to the left Double lot, Steep lot at rear *setbacks and floor area based on city records DESIGN REVIEW Neighborhood Description: The property is located on Alta Vista Avenue in a residential neighborhood surrounded by residential homes. Many of the properties located on the same side of Alta Vista are steep lots that slope down towards Saratoga Creek. The neighborhood includes both single-story and two-story 3 The minimum side setback on the subject lot is 6 feet due to its non-conforming width. 4 The city double counts any interior space over 15 feet in height, and any porch area with 3 walls and a roof. Application ADR 14-0007/VAR14-0002; 14100 Alta Vista Avenue / 397-28-070 Page 3 of 7 51 homes with various architectural styles and materials including clapboard, stucco, board and batten, and shingles. Site Description: The project is located on a 10,155 square foot non-conforming lot. The 45 foot wide lot is considerably narrower than the standard 85 foot width for the R1-10,000 zoning district. The lot is relatively flat over the first two-thirds of the property and then slopes down approximately 40 feet over an approximately 70 foot distance. The single-story design allows for a small front yard and a small rear yard before the property slopes down towards the creek. Architectural Design: The single story home will be less than 18 feet in height at the upper eave line, sloping down to a height of approximately 12 feet at the lower eave line of the shed roof. The exterior materials will include a mix of natural stained western red cedar, sage colored Hardie lap siding, cobblestone colored Hardie panel siding, and painted Azek trim. The design includes clerestory windows along the north side of the home and solar panels on the right (south) side of the standing seam metal shed roof. Approximately 40% of the home will be prefabricated in a climate-controlled factory, using recycled steel reinforced framing. All materials, including the building components of the home such as wall, floor, and roof panels, will be assembled in the factory and then wrapped and transported to the site via flatbed trucks. Per the Arborist Report, the applicant will be required to protect trees, including during delivery of the materials and during the building process. Landscaping: The landscape design includes a low-water use landscape design with native shrubs, perennials, evergreens, and flowering plants. Permeable crushed gravel and redwood rings from the felled tree will complement the contemporary styled home. Trees: Five trees protected by City Code will be impacted by the project (see Attachment 4). The City Arborist has approved the removal of three trees (coast redwood #2, oak tree #3, and redwood tree #5); however, the applicant proposes to keep all five trees and protect them during construction. Any removal of protected trees would require replacement trees equal to the total appraised value of the tree(s) being removed. Detail Colors and Materials Exterior (see elevations) Natural stain Western red cedar lap siding Mountain Sage colored Hardie lap siding Cobble Stone colored Hardie panel siding Trim Azek trim to complement siding Windows Sandstone beige colored vinyl windows Front Door Sandstone beige colored door Garage Door Metal with frosted glass Roof Weathered grey colored standing seam metal Application ADR 14-0007/VAR14-0002; 14100 Alta Vista Avenue / 397-28-070 Page 4 of 7 52 CalGreen Standards/Sustainable Features: The project will comply with the required Calgreen standards. Additionally, the home will include numerous sustainable features, including but not limited to, a solar photovoltaic system, passive ventilation, energy recovery ventilation system, radiant floor heating, SIP (structurally insulated panels) and rigid foam exterior insulation, and interior specifications that hold the GreenGuard label. Interior features include LED lighting, smart home automation, Energy Star appliances, water efficient fixtures, low VOC materials, and cradle- to-cradle flooring. Neighbor Notification and Correspondence: A public notice was sent to property owners within 500 feet of the site. The property owner also distributed notification forms to nine adjacent neighbors, seven of which had comments (Attachment 3). Most neighbors were in support of the design. John and Kay Nora, who live immediately to the left of the subject property, have concerns about the height and side setback of the home. Although the applicant redesigned the home from a second-story design to a single-story design, the Nora family still has concerns about the height. FINDINGS Design Review Findings: The Planning Commission may grant Design Review approval pursuant to City Code Article 15-45, if the Planning Commission makes all of the following findings: (a) Site development follows the natural contours of the site, minimizes grading, and is appropriate given the property’s natural constraints. The project meets this finding because the home will be located on the flattest portion of the lot, minimizing grading that would be needed if the home was pushed back further on the hillside lot. (b) 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. The project meets this finding in that only one protected tree is proposed for removal. While two additional trees meet the criteria for removal, the applicant proposes to keep both trees and protect them during construction. (c) 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. The project meets this finding because the home has been designed as a single story structure to minimize privacy and viewshed impacts. Viewshed impacts have been reasonably minimized by designing a shed roof, the highest point of which is 18 feet above average grade. Privacy impacts have been reasonably minimized by locating the larger windows necessary for bedroom egress on the left side of the home where the neighbor’s home has a large setback from the adjoining property line. Fewer windows have been designed on the right side of the home where the homes would be closer in proximity. Application ADR 14-0007/VAR14-0002; 14100 Alta Vista Avenue / 397-28-070 Page 5 of 7 53 (d) The overall mass and the height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood. The project meets this finding because the single-story home has been designed to minimize the mass on the non-conforming lot. The simple shed roof form runs parallel to the street, minimizing its presence. The single- story wall planes are in scale with neighboring homes. Natural wood siding in combination with earth tones blend with the natural surroundings and complement the streetscape. (e) The landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape. The project meets this finding. Walking paths and decks are permeable to maximize natural drainage. The front yard fence will be removed to embrace the neighborhood and allow natural materials to be brought to the street. The front landscape will include native ferns, complementary plantings, and will not include water-intensive turf. (f) Development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy. The project meets this finding in that the single-story design is more sensitive to the adjoining neighbors in preserving light to their properties. (g) The design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055. The project meets this finding because the building design and site plan incorporate several techniques from the Residential Design Handbook, including minimizing the mass on a non-conforming lot, using simple roof forms and wall planes, designing wall plane heights and eave heights that are in scale with adjacent residences, using exterior materials that complement the streetscape, managing the bulk and mass of a structure to minimize interference of views from the street, minimizing energy usage through careful selection and placement of windows, minimizing the appearance of roof mounted solar panels, selecting materials, colors, and details that enhance the architecture in a well-composed, understated manner, designing landscaping that is compatible with the home’s architecture, minimizing impervious surfaces, and using water- conserving plants in the landscape design. (h) On hillside lots, the location and the design of the structure avoid unreasonable impacts to ridgelines, significant hillside features, community viewsheds, and is in compliance with Section 15-13.100. The project meets this finding because the placement of the home on the flattest portion of the lot minimizes changes to the natural topography. The single-story design minimizes the perceived bulk of the structure while natural wood siding and earthtone colors blend with the natural terrain. Variance Findings: The Planning Commission may grant a variance as applied for or in modified form, pursuant to City Code Article 15-70, if the Planning Commission makes all of the following findings: (a) That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity Application ADR 14-0007/VAR14-0002; 14100 Alta Vista Avenue / 397-28-070 Page 6 of 7 54 and classified in the same zoning district. The project meets this finding in that the lot is characterized by a substandard width and a significant slope to the rear of the property. The significant drop in elevation behind the location of the proposed home would require extensive grading and engineering to push the home back further on the lot and/or would result in a two-story home with potentially greater visual and privacy impacts. The requested front yard setback is consistent with existing conditions on the subject property and the three properties to the right of the subject property. The three properties to the left have conforming setbacks; however, two of the three properties have standard width lots. (b) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. The project meets this finding in that the requested front yard setback variance is consistent with at least three other nonconforming properties on Alta Vista Avenue, where the front setbacks range from approximately four feet to seventeen feet-two inches. (c) That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The project meets this finding in that the proposed front yard setback enables the property owner to locate the home on the relatively level portion of the site while avoiding the portion of the lot characterized by slope instability and potential landsliding. The project otherwise meets all city codes with regard to height, side and rear setbacks, and lot coverage. The single story home has been designed to be in scale with other homes in the neighborhood and avoid unreasonable impacts to community viewsheds and the privacy of the adjoining properties. Environmental Determination: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures,” of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. ATTACHMENTS: 1. Resolution of Approval 2. Public Notice 3. Neighbor Notification Forms 4. Arborist Report 5. Geotechnical Clearance 6. Development Plans (Exhibit "A") 7. Color Rendering 8. Applicant’s Design Review Summary 9. Story Pole Certification Application ADR 14-0007/VAR14-0002; 14100 Alta Vista Avenue / 397-28-070 Page 7 of 7 55 RESOLUTION NO: 14-054 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING DESIGN REVIEW APPLICATION ADR14-0007 AND VARIANCE APPLICATION VAR14-0002 FOR A NEW ONE STORY SINGLE FAMILY RESIDENCE WITH BASEMENT LOCATED AT 14100 ALTA VISTA AVENUE / 397-28-070 WHEREAS, on April 29, 2014 an application was submitted for Design Review approval of a new 17 foot-9 inch tall single-story 2,194 square foot home and 2,041 square foot basement garage/storage area. The project also includes a variance request for a 14.5 foot front yard setback, where 25 feet is generally required. Five protected trees will be impacted by the project. The City Arborist has approved the removal of three trees; however, the applicant proposes to keep all five trees and protect them during construction. The non-conforming hillside lot is located within the R1-10,000 Residential Zoning District. WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine this project exempt. WHEREAS, on December 10, 2014, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City Staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures,” of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. Section 3: The project is consistent with the following Saratoga General Plan Policies: Land Use Goal 13 which provides that the City shall use the Design Review process to assure that new construction and major additions thereto are compatible with the site and the adjacent surroundings; and Conservation Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Section 4: The project is consistent with the Saratoga City Code in that site development follows the natural contours of the site, minimizes grading, and is appropriate given the property’s natural constraints; no protected trees are requested for removal; 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; the overall mass and the height of the structure, and its architectural elements are in scale with the 56 Resolution No. 14-054 structure itself and with the neighborhood; the landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape; development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy; the location and the design of the structure avoid unreasonable impacts to ridgelines, significant hillside features, community viewsheds, and is in compliance with Section 15-13.100; and the design of the structure and the site development plan is consistent with the Residential Design Handbook. Section 5: The project is consistent with the Saratoga City Code in that because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district; and the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district; and the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Section 6: The City of Saratoga Planning Commission hereby approves ADR14-0007 and VAR14-0002 located at 14100 Alta Vista Avenue subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 10th day of December 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Chair, Planning Commission 57 Resolution No. 14-054 Exhibit 1 CONDITIONS OF APPROVAL ADR14-0007 / VAR14-0002 14100 ALTA VISTA AVENUE / 397-28-070 GENERAL CONDITIONS 1. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner’s successors in interest for such time period. No zoning clearance, or demolition, or grading for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent or other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content satisfactory to the Community Development Director. If a condition is not “Permanent” or does not have a term specified, it shall remain in effect until the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent. 2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this approval is duly executed, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the City certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 3. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga City Code incorporated herein by this reference. 4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. 58 Resolution No. 14-054 5. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A", and as conditioned below. All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with City Code. 6. The owner/applicant shall agree to all conditions required by the City Engineer, including but not limited to public works and geotechnical requirements, as applicable. 7. The owner/applicant shall agree to all conditions required by the City Arborist, including but not limited to tree protective fencing and tree protection bond submittal, as applicable, prior to issuance of building permits. 8. The owner/applicant shall agree to all conditions required by the Santa Clara County Fire Department, as applicable. 9. The owner/applicant shall agree to all conditions required by the Sewer District, as applicable, prior to issuance of building permits. 10. City Arborist. All requirements in the City Arborist Report dated July 25, 2014 are hereby adopted as conditions of approval and shall be implemented as part of the Approved Plans. The tree protection plan prepared by Roberto Guzman of RG Horticulture Consulting shall be adhered to and as required by the City Arborist. A Tree Protection Security Deposit is required per City Ordinance 15-50.080. The $39,500 deposit shall be obtained by the owner and filed with the Community Development Department before obtaining Building Division permits. The deposit may be in the form of cash, check, credit card payment or a bond. The deposit shall remain in place for the duration of construction of the project. The deposit may be released once the project has been completed, inspected and approved by the City Arborist. 11. Building Division Submittal. The owner/applicant shall agree to all conditions required by the Saratoga Building Department. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department. b. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. c. This signed and dated Resolution printed onto separate construction plan pages. d. The site plan shall contain a note with the following language: “Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks comply with the Approved Plans,” which note shall represent a condition which must be satisfied to remain in compliance with this Design Review Approval. 59 CITY OF SARATOGA Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1222 NOTICE OF PUBLIC HEARING The City of Saratoga’s Planning Commission announces the following Public Hearing on: Wednesday, December 10, 2014 at 7:00 p.m. The Public Hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. Details of this item are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding Friday office closures. ADDRESS/APN: 14100 Alta Vista Avenue, Saratoga CA 95070 / 397-28-070 OWNER/ APPLICANT: Richard Ezekiel / Blu Homes APPLICATION: PDR14-0007 / VAR14-0002 PROJECT DESCRIPTION: The applicant is proposing a new 18 foot tall single-story 2,194 square foot home and 2,041 square foot basement garage/storage area. The application also includes a variance for a 14.5 foot front yard setback. One coast redwood is requested for removal because it is in conflict with the proposed driveway. Two additional protected trees (an oak tree and redwood tree) meet the criteria for removal. The applicant wants to keep both trees and protect them during construction. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission, you may be limited to raising only those issues you or someone else raised at the meeting. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor’s office annually, in preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Cynthia McCormick, Planner, AICP (408) 868-1230 60 61 62 63 64 65 66 67 68 69 70 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REPORT Application No: ARB13-0076 Prepared by Kate Bear, City Arborist Site: 14100 Alta Vista Avenue Phone: (408) 868-1276 Owner: Rich Ezekiel and Vicky Nakaerts Email: kbear@saratoga.ca.us APN: 397-28-070 Email: rezekiel@pacbell.net Report History: Report #1 Date: Plans received May 22, 2014 Report completed June 17, 2014 Report #2 – This report replaces report 1 Revised plans received June 26, 2014 Report completed July 25, 2014 PROJECT SCOPE: The applicant has submitted plans to the City to build a new one-story house with attached basement level tandem garage on a vacant lot. One mature coast redwood (tree 2) is requested for removal to construct the project because it is in conflict with the proposed driveway. Two additional trees protected by City Code (oak tree 3 and redwood tree 5) are also significantly impacted by the project. The applicant wants to keep both trees and will protect them during construction. Both trees meet the criteria allowing their removal and replacement as part of the project. STATUS: Approved by City Arborist to proceed, with conditions. PROJECT DATA IN BRIEF: Tree bond – Required - $39,500 For trees 1, 3, 4, 5 and 6. Tree fencing – Required – See Conditions of Approval and attached map. Tree removals – Permitted with building division permit. Trees 2, 3 and 5 are approved for removal and replacement. Replacement trees – Required = value of trees removed. Tree 2 = $15,000; tree 3 = $18,000; tree 5 = $15,000 1 71 14100 Alta Vista Avenue FINDINGS: Tree Removals: Whenever a tree is requested for removal as part of a project, certain findings must be made and specific tree removal criteria met. One coast redwood (tree 2) is requested for removal to construct the project. Two additional trees (3 and 5) will likely be significantly impacted by the project, and may require removal although the applicant wants to retain them. The applicant has obtained approval from the neighbor to remove the oak (tree 3) if it becomes necessary. A detailed discussion follows in the paragraphs below. The table below provides a summary of tree removal criteria that are met, allowing the removal and replacement trees 2, 3 and 5. The following paragraphs provide additional details of how each tree meets the tree removal criteria. Attachment 2 contains the tree removal criteria for reference. Table 1: Summary of Tree Removal Criteria that are met Tree No. Criteria met Criteria not met 2 1, 4, 6, 7, 8, 9 2, 3, 5 3 1, 4, 6, 7, 9 2, 3, 5, 8 5 1, 2, 4, 5, 7, 8, 9 3, 6 Redwood tree 2 is a mature tree in good condition that grows on the property line and right next to two other redwoods. It is in conflict with excavation for the driveway so criterion 1 is met. This tree would threaten damage to the new driveway if it were not removed so criterion 2 is met. Removal of this tree helps to control erosion so criterion 3 is not met. There are many mature trees on site so criterion 4 is met. Tree 2 is not too close to other trees for good forestry practices, so criterion 5 is not met. There is no feasible alternative to removing this tree so criterion 6 is met. Removing this tree and planting new trees on the property is consistent with the tree regulations so criterion 7 is met. Removal of soil is required on both sides of this tree for two projects on two properties, which increases the risk of tree failure, so criterion 8 is met. Removing this tree provides economic and other enjoyment for the applicant when there is no feasible alternative (criterion 9); this site is a narrow lot that is severely constrained by many mature trees. Coast live oak tree 3 grows on the adjacent property on a steep slope about ten feet from the proposed new home. Excavation for the garage will extend to the side setback, which will likely significantly impact the tree, and the oak may become a total loss, so it should be considered in conflict with the project (criterion 1). Criterion 2 is not met in that the tree would not threaten damage to the new home. Criterion 3 is not met, in that this tree does assist with erosion control, and its loss may have an impact on erosion. Criterion 4 is met in that there are a lot of mature trees on the property. Criterion 5 is not met in that this tree is not too close to other trees for good forestry practices. Criterion 6 is met in that there is no practical alternative to incorporating a basement into the house. Criterion 7 is met in that replacement of this tree with new trees is consistent with the tree regulations, when it is not possible to retain a tree. Criterion 8 is not met in that this situation does not pose a threat to public health or safety. Criterion 9 is met in that removal of this tree provides economic and other enjoyment of the property, when there is no practical alternative. Redwood tree 5 is a mature redwood in good that grows at the street along with two other mature redwoods. Removal of this tree meets criterion 1 in that it is in conflict with excavation for the driveway. It meets criterion 2 in that if retained, its roots could damage the new driveway. Criterion 2 72 14100 Alta Vista Avenue 3 is not met because this part of the lot is flat, and other nearby trees can mitigate erosion. Criterion 4 is met because there are a lot of mature trees on the property. Criterion 5 is met in that this tree is between two other mature redwoods, and its removal would provide additional space for the other two trees. Criterion 6 is not met in that there is an alternative to having a basement garage which is to have an above ground garage and basement living space. Criterion 7 is met in that removal and replacement of trees with new trees is consistent with the tree regulations, when it is not possible to retain a tree. Criterion 8 is met in that public safety may become a concern if a significant number of roots are cut so close to the trunk. Criterion 9 is met in that this design provides economic and other enjoyment of the property even though there are significant site constraints. Replacement Trees: Whenever trees are approved for removal, replacement trees equal to the total appraised value of the tree being removed is required as a condition of the project. Replacement trees may be of any species and planted anywhere on the property. Replacement values for new trees are listed below. If there is insufficient room on the property to plant the required number of replacement trees, some of the replacement value may be paid into the City’s Tree Fund. New Construction: Based on the information provided, and as conditioned, this project complies with the requirements for the setback of new construction from existing trees under Section 15-50.120 of the City Code. This lot is quite narrow, with large redwoods at the street, and a steep, forested hill that drops off at the rear half of the site. A steep hill also exists to the side of the lot in line with the proposed house. Three mature redwoods (1, 4 and 5) grow along Alta Vista Avenue at the front of the property, and a fourth redwood (tree 2) grows in the front yard on the property line. The design has placed the driveway between the two smaller redwoods (trees 1 and 5), providing additional space and protection for the largest of the three trees (tree 4). One oak (tree 6) is potentially impacted to the rear of the house where an existing walkway and retaining wall go down to the creek. The new retaining wall has been designed to provide better protection to the oak, currently embedded in the wall by removing soil from around the trunk and setting a new retaining wall away from the tree’s trunk. ATTACHMENTS: 1 – Plans Reviewed and Tree Information 2 – Tree Removal Criteria 3 – Conditions of Approval 4 – Map of Site showing tree locations and canopies 5 – Map of Site showing tree protective fencing Replacement Tree Values: 15 gallon = $150 24 inch box = $500 36 inch box = $1,500 48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000 IMPORTANT This entire report, including attachments, shall be copied onto a plan sheet, titled “Tree Preservation”, and included in the final set of plans. 3 73 14100 Alta Vista Avenue Attachment 1 PLAN REVIEW: Architectural Plans reviewed: Preparer: Blu Homes Date of Plans: April 29, 2014, Revised June 30, 2014 Sheet ACV Cover Sheet Sheet A 0.0 Demolition Plan and Streetscape Elevation Sheet A 1.0 Proposed Site Plan Sheet A 1.1 Proposed Floor Plan – Lower Level Sheet A 1.2 Proposed Floor Plan – Entry Level Sheets A 2.1 and A 2.2 Building Elevations Sheet A3.1 Building Sections Civil Plans reviewed: Preparer: Ward Surveying Date of Plans: January 31, 2013 Sheet 1 of 1 Boundary and Topographic Survey Preparer: Berry and Associates Date of Plans: April 25, 2014, Revised June 30, 2014 No number – 1 sheet Site Grading, Drainage Landscape Plans reviewed: Preparer: Willow Glen Design Date of Plans: No date No titles or numbers given to landscape drawings. Six sheets provided. TREE DATA: Preparer: RG Horticulture Consulting Date of Arborist Report: May 2014 An arborist prepared by Roberto Guzman of RG Horticulture Consulting was submitted for this project. It inventoried 14 trees protected by Saratoga City Code on the property. Trees inventoried for the submitted report included six coast redwoods (trees 1, 2, 4, 5, 10 and 14), five coast live oaks (trees 3, 6, 7, 11 and 12), two California bay trees (trees 8 and 9), and one silk oak (tree 14). One coast redwood (tree 2) is requested for removal. Tree 4 74 14100 Alta Vista Avenue Attachment 1 protection measures were provided and monetary values of trees were appraised. Information in the tables below was taken from the submitted arborist report. A tree protection plan was provided for six of the 14 trees (trees 1 – 6). The rest of the trees were determined to be far enough from construction that they would not be impacted by the proposed project. Trees included in the tables below are included in the protection plan. Table 2: Condition of trees and potential construction impacts Tree Number Species Trunk Diameter (inches) Condition Intensity of Construction Impacts Suitability for Preservation In Conflict with Project? Coast redwood High/ 1 Sequoia sempervirens 48 Good Moderate High No Coast redwood 2 Sequoia sempervirens 42 Good High Moderate Yes Coast live oak 3 Quercus agrifolia 30 Good High High Yes Coast redwood 4 Sequoia sempervirens 58 Good Moderate High No Coast redwood 5 Sequoia sempervirens 36 Good High Moderate Yes Coast live oak 6 Quercus agrifolia 27 Fair High High No Table 3: Appraised values of trees Tree No. Species Trunk Diameter (inches) Canopy Spread (feet) Condition Appraised Value On Adjacent Property? 1 Coast redwood 48 40 Good $18,000 No 2 Coast redwood 42 35 Good $15,000 No 3 Coast live oak 30 25 Good $18,000 Yes 4 Coast redwood 58 45 Good $18,000 No 5 Coast redwood 36 30 Good $15,000 No 6 Coast live oak 27 40 Fair $10,000 No Appraised values submitted in the report were calculated using the Trunk Formula Method and according to the Guide for Plant Appraisal, 9th Edition, published by the International Society of Arboriculture (ISA), 2000. This was used in conjunction with the Species Classification and Group Assignment, published by the Western Chapter of the ISA, 2004. 5 75 14100 Alta Vista Avenue Attachment 2 TREE REMOVAL CRITERIA Criteria that permit the removal of a protected tree are listed below. This information is from Article 15-50.080 of the City Code and is applied to any tree requested for removal as part of the project. If findings are made that meet the criteria listed below, the tree(s) may be approved for removal and replacement during construction. (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services, and whether the tree is a Dead tree or a Fallen tree. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the property. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly on steep slopes. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the general welfare of residents in the area. (5) The age and number of healthy trees the property is able to support according to good forestry practices. (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. (8) Any other information relevant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in Section 15-50.010 (9) The necessity to remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. (10) The necessity to remove the tree for installation and efficient operation of solar panels, subject to the requirements that the tree(s) to be removed, shall not be removed until solar panels have been installed and replacement trees planted in conformance with the City Arborist's recommendation. 6 76 14100 Alta Vista Avenue Attachment 3 CONDITIONS OF APPROVAL 1. This entire arborist report shall be copied on to a plan sheet, titled “Tree Preservation” and included in the final job copy set of plans. 2. Tree Protection Security Deposit - $39,500 a. Is required per City Ordinance 15-50.080. b. Shall be for tree(s) 1, 3, 4, 5 and 6. c. Shall be obtained by the owner and filed with the Community Development Department before obtaining Building Division permits. d. May be in the form of a savings account, a certificate of deposit account or a bond. e. Shall remain in place for the duration of construction of the project. f. May be released once the project has been completed, inspected and approved by the City Arborist. 3. Tree Protection Fencing: a. Shall be installed as shown on the attached map. b. Shall be established prior to the arrival of construction equipment or materials on site. c. Shall be comprised of six-foot high chain link fencing mounted on eight-foot tall, 2-inch diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10 feet apart, OR straw wattle. d. Shall be posted with signs saying “TREE PROTECTION FENCE - DO NOT MOVE OR REMOVE WITHOUT APPROVAL FROM CITY ARBORIST, KATE BEAR (408) 868-1276”. e. Call City Arborist, Kate Bear at (408) 868-1276 for an inspection of tree protection fencing once it has been installed. This is required prior to obtaining building division permits. f. Tree protection fencing shall remain undisturbed throughout the construction until final inspection. g. If contractor feels that work must be done inside the fenced area, call City Arborist to arrange a field meeting. 4. The designated Project Arborist shall be Roberto Guzman, unless otherwise approved by the City prior to receiving Planning approval. 5. The Project Arborist shall visit the site every week during grading activities and monthly after the foundation has been installed. 6. The Project Arborist shall be on site to monitor all work within 15 feet of trees 1 – 6. 7. Following completion of the work around trees, and before a final inspection of the project, the applicant shall provide a letter to the City from the Project Arborist. That letter shall document the work performed around trees, include photos of the work in progress, and provide information on the condition of the trees. 8. Trenching to install new utilities or connect existing utilities to new shall not be permitted inside tree protection fencing. 7 77 14100 Alta Vista Avenue Attachment 3 9. No protected tree authorized for removal or encroachment pursuant to this project may be removed or encroached upon until the issuance of the applicable permit from the building division for the approved project. 10. Receipt of a Planning or Building permit does not relieve applicant of his responsibilities for protecting trees per City Code Article 15-50 on all construction work. 11. All construction activities shall be conducted outside tree protection fencing. These activities include, but are not necessarily limited to, the following: demolition, grading, trenching, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation and parking. 12. Any permitted pruning or root pruning of trees on site shall be performed under the supervision of the Project Arborist and according to ISA standards. 13. Trees 2, 3 and 5 meet the criteria for removal and may be removed and replaced once Building Division permits have been obtained. 14. Trees permitted for removal shall be replaced on or off site according to good forestry practices, and shall provide equivalent value in terms of aesthetic and environmental quality, size, height, location, appearance and other significant beneficial characteristics of the removed trees. The value of the removed trees shall be calculated in accordance with the ISA Guide for Plant Appraisal. 15. New trees equal to the appraised value of the tree removed shall be planted as part of the project before final inspection and occupancy of the new home. New trees may be of any species. 16. Replacement values for new trees are listed below. 15 gallon = $150 24 inch box = $500 36 inch box = $1,500 48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000 17. Stockpiling of construction materials or equipment, and the disposal of construction debris or harmful products, is prohibited under tree canopies or anywhere on site that allows drainage to areas under tree canopies. 18. At the end of the project, when the contractor wants to remove tree protection fencing and have the tree protection security deposit released by the City, call City Arborist for a final inspection. 8 78 Attachment 3 14100 Alta Vista Avenue Legend Tree Canopy Map from arborist report pre- pared by Roberto Guzman and dated May 2014. 9 79 Attachment 5 14100 Alta Vista Avenue Legend Tree Canopy Tree Protection Fence Straw Wattle 2 1 3 4 5 6 7 10 80 Memorandum of Geotechnical Clearance Conditions Page 1 of 1 MEMORANDUM TO: Christopher Riordan, Project Planner, Community Development Department CC: Ezekiel, Rich (Owner & Applicant) FROM: Iveta Harvancik, Senior Engineer SUBJECT: Geotechnical Clearance Conditions for GEO14-0008 at 14100 Alta Vista Ave DATE: October 23, 2014 1. The Project Geotechnical Engineer shall review the results of the referenced geologic evaluation along with grading, drainage and final construction plans for the proposed project. Adequate minimum lateral coverage shall be evaluated for any proposed pier supported structure near steep slopes. The Consultant shall verify that geotechnical aspects of proposed project design are in conformance with provided recommendations. 2. The geotechnical consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations and retaining walls prior to the placement of steel and concrete. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the City Engineer for review prior to final (granting of occupancy) project approval. Appropriate documentation to address the above items should be submitted to the City for review by the City Engineer prior to issuance of permits for site building or grading. 3. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant’s review of the project prior to Zone Clearance. 4. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 CUP 14-0008; 12230 Saratoga-Sunnyvale Road REPORT TO THE PLANNING COMMISSION Meeting Date: December 10, 2014 Permit Type: Conditional Use Permit (CUP 14-0008) Location / APN: 12230 Saratoga-Sunnyvale Rd / 386-30-039 Owner: Time-Space Investment Development LLC Staff Planner: Cynthia McCormick, Planner, AICP STAFF RECOMMENDATION: Adopt Resolution 14-053 approving an updated Conditional Use Permit (CUP 14-0008) for the “Saratoga Star Aquatics” Swimming Facility located at 12230 Saratoga-Sunnyvale Road. Pursuant to City Code Section 15-55.100, the Planning Commission may modify or delete any conditions of a conditional use permit or impose any new conditions in order to preserve the public health, safety or welfare, or to prevent the creation or continuance of a public nuisance, or where such action is necessary to preserve or restore any of the findings set forth in City Code Section 15- 55.070 (below). A conditional use permit may be revoked by the Planning Commission upon a determination that the holder of the permit has failed to comply with any condition thereof or has violated any applicable provision of City Code. 15-55.070 - Findings for issuance of permit. (a) That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. (b) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. (c) That the proposed conditional use will comply with each of the applicable provisions of this Chapter. (d) That the proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. Page 1 of 6 144 CUP 14-0008; 12230 Saratoga-Sunnyvale Road HISTORY: On October 14, 2009 (continued from 8/12/09) the Planning Commission held a public hearing to review a design review and conditional use permit application for an indoor swimming facility. The application was approved 6-1. The 2009 Use Permit Conditions of Approval are included as Attachment 2 for reference. On November 12, 2014, the Commission directed staff to amend the resolution of approval as described in the discussion below. The new Resolution is included as Attachment 1. SITE DATA: Net Site Area: Approximately 44,866 square feet General Plan Designation: CR (Commercial Retail) Zoning: CV (Commercial-Visitor) Site Description: Land uses surrounding the site are commercial uses to the south, west, and northwest and residential uses to the east and northeast. Facility Use Description: The facility includes office space, an exercise equipment area, and a mechanical room in the front of the building. The swimming pool area is located in the center of the building while the main reception lobby entrance is located at the rear of the building. The facility offers swimming lessons and lap swimming. DISCUSSION: The following discussion outlines the key conditions of approval applicable to the project, including modifications the Commission directed at the November 12, 2014 meeting. Final proposed Conditions of Approval are incorporated into the attached Resolution (Attachment 1). Six-Month Planning Commission Review: Pursuant to the Commission’s direction, the conditions of approval require that the Commission review the Use Permit not later than 6 months following approval of this resolution. The item will be calendared in advance for review in May 2015. Business Hours: The original conditions prescribed hours of operation from 9:00 am to 11:00 pm, but allowed, with appropriate traffic studies, for staff to adjust those hours to start as early as 5:00 am. The applicant’s requested hours of operation for the business are now 6:00 am to 11:00 pm, seven days per week. Per the applicant, only adult lap swimming would occur from 6:00 am to 9:00 am, and no swim lessons would occur before 9:00 am. The Commission indicated agreement with those proposed hours of operation. Mechanical Equipment: Mechanical equipment is kept in an enclosed mechanical room in the front of the building. Vents from the mechanical room protrude from the roof top and can be seen from the front parking lot and entry drive aisle. The vents were not planned or shown as part of the original plans. Per direction from the Planning Commission at the November 12th Public Hearing, a Page 2 of 6 145 CUP 14-0008; 12230 Saratoga-Sunnyvale Road condition (COA#14) was added to the Resolution requiring the applicant to paint the vents a flat grey color to help camouflage them from view. Lighting: Per direction from the Planning Commission at the November 12th Public Hearing, a condition (COA#13) was added to the Resolution requiring all exterior light fixtures to be shielded, and for all standing light fixtures in the rear parking lot be timed to turn off between the hours of 11:15pm and 9:00am. Fencing: Although removal of the chain link fence at the rear of the property was part of the original plans, staff is not recommending it be removed due to the foliage that currently grows over it. However, the Resolution includes a condition (COA#11b) in accordance with City Code Section 15-19.020(f)(1) that the solid wall / fence located along the property line between the subject property and residential district(s) be maintained to minimize privacy impacts and insulate the adjacent properties against excessive noise. The applicant is requesting that COA#11b be removed because it was not part of the original conditions. See Attachment 2. Landscaping: The site includes an approximately eight-foot wide landscape median and five-foot wide sidewalk at the front of the property. In front of the building, there is an approximately twelve-foot wide landscape area plus an additional two feet of bushes in front of a portion of the building. There is a six-foot wide landscaped area between the building and the rear parking lot. At the rear of the lot, there is a five-foot wide landscaped area plus another 6-12 inches between the chain link fence and the wood fence. There is also foliage that climbs up the chain link fence along the rear parking lot. The landscaping primarily consists of bark and drought tolerant shrubs and trees. The landscaping is similar to that provided on other commercial properties in the area. Conditions have not been modified to require additional landscaping. However, the Resolution includes a condition (COA#12) in accordance with City Code Section 15-80.050 to maintain the landscaping with suitable materials for screening or ornamenting the site. The applicant is requesting that COA#12 be removed because it was not part of the original conditions. See Attachment 2. Parking and Site Circulation: The site includes a minimum of 50 parking spaces, in accordance with the 2009 Traffic Study and Peer Review 1. Vehicles enter the site through the southern (right side) driveway and exit the driveway through the northern driveway. Vehicles can queue up along the southern drive aisle while waiting to park their vehicle or drop off participants. As recommended by the Fire Department following a site visit, a new condition has been added to the Resolution (COA#17), requiring a 'no parking-fire lane' zone on the south side of the building. The area shall be marked on the ground and additional signage shall be posted to assert the restriction. Early Morning / Late Evening Parking: The 10-14-09 Resolution limited parking to the front parking lot prior to 7:00 am (in the case that earlier hours were approved by staff following appropriate traffic analysis). The 12-10-14 Resolution, following Commission direction, includes a condition that all parking, including both staff and patron parking, shall be limited to the front parking lot between the hours of 6:00 am and 9:00 am and for patrons arriving after 9:00 pm unless 1 The Parking and Circulation Study recommended a parking rate of 4.0 spaces per 1,000 square feet of building area which is equal to 50 on-site parking spaces for a 12,500 square foot building. Page 3 of 6 146 CUP 14-0008; 12230 Saratoga-Sunnyvale Road the front parking lot is full. Staff has added “unless the front parking lot is full” language so that those entering prior to 9:00 pm do not have to move their cars and there is no confusion about where to park if the front lot is full. The applicant indicates that there are patrons who stay later than 9:00 pm and that there are more lap swimmers at night than in the early morning. The condition includes an exception for health and safety needs, such as if emergency vehicles require access or other emergencies arise. Early Morning / Late Evening Entrance: The 12-10-14 Resolution includes a condition that the rear door be locked to prevent entrance from the outside between the hours of 6:00 am and 9:00 am and after 9:00 pm while maintaining the ability to exit the facility from the rear door at all times. The condition includes an exception for health and safety needs. This is a new condition to reinforce the parking restrictions, as directed by the Commission. Staff has also verified with the Fire Department that there is not a need to keep both doors open for entrance, but they must remain open for exit from the inside. The Resolution also includes a requirement for signs to be posted in the parking areas and near both entrances/exits reminding staff and patrons to be quiet and respectful of neighbors. The applicant is requesting that the evening hour restriction be removed. See Attachment 2. Per the applicant, the number of patrons arriving after 9:00 pm exceeds the available parking spaces in the front parking lot; which would force patrons arriving after 9:00 pm to park in the rear lot and walk around the building to the front entrance. Furthermore, the original conditions of approval did not require any evening restrictions, and the evening hours are not being changed. - Approximate number of patrons arriving before 9am: ~5-10 - Approximate number of patrons arriving after 9pm: ~ 20-40 (including members and students) - Approximate number of paid memberships on average: ~ 100-150 - Approximate number of ‘walk in’ patrons on average: ~ 10-20 Neighbor Notification and Correspondence: A public notice for the November 12th Planning Commission meeting was sent to property owners within 500 feet of the site (Attachment 5). Staff received email correspondence (dated 11-13-13, 11-2-14, and 11-3-14) from Mr. Ye at 12236 Kirkdale Drive, whose home is located near the rear of the project site. Mr. Ye expressed concerns about noise and lights in the rear parking lot, privacy due to fence height between his property and the swim center, and landscaping between his property and the swim center. This neighbor proposed several methods that could address his concerns, including building an 8-foot tall masonry wall (or increasing the height of the existing fence to 8 feet) between his property and the swim center, adding a five-to ten-foot wide landscape buffer of trees between his property and the swim center, limiting parking to staff only along the fence between his property and the swim center, educating patrons about minimizing noise to adjacent neighbors, adding a motion sensor and shield to the light fixture in the rear parking lot, and installing a gate at the entrance and exit (Attachment 6). Two other neighbors spoke at the November 12th Planning Commission meeting in support of some of Mr. and Mrs. Ye’s concerns. Page 4 of 6 147 CUP 14-0008; 12230 Saratoga-Sunnyvale Road The Planning Commission has recommended new conditions of approval to address some of the neighbor’s requests, including requiring staff and patrons to park in the front lot prior to 9:00am and when arriving after 9:00 pm (COA#9b), requiring exterior light fixtures to be shielded and timed to turn off between the hours of 11:15 pm and 9:00 am (COA#13), and requiring signage encouraging patrons to be courteous of neighbors (COA#15). Some of these conditions were also intended to alleviate future impacts on residents of the condominium project currently under construction to the south of the site. No additional correspondence was received following the November 12, 2014 meeting which was continued until December 10, 2014. Staff does not have any record of any other letters or complaints from neighbors over the five years the swim club has been in operation. Use Permit Findings The findings required for issuance of a Use Permit are set forth below. Staff believes the Applicant’s Project has met the burden of proof to support the Findings required for approval of a Use Permit under Article 15-55 of the City Code, pursuant to the modified conditions, as set forth below: Finding #1: The Project meets the objectives of the Zoning Ordinance and the purposes of the zoning district in which the site is located. The facility is a conditionally permitted use in all commercial districts. One purpose of the commercial district is to provide space for community facilities. Finding #2: The Project will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity. The use permit includes conditions of approval to ensure compliance with all applicable health and safety codes and Building and Fire Department requirements. Per the 2009 parking and traffic analysis, the project would not have a significant impact at either signalized study intersection; installation of a traffic signal at the unsignalized intersection would not be warranted based on project traffic volumes; and the project would not have a significant impact on any of the study freeway segments according to Congestion Management Program standards for freeway operation 2. Furthermore, the peak parking demand in 2009 was found to be four (4) spaces per 1,000 sf of building size, or 50 parking spaces for a 12,500 sf building, as provided. As conditioned, the property shall maintain a 'no parking-fire lane' zone on the south side of the building. Additional conditions are provided to assure that parking at early and late hours is as far from residential uses as possible and that lighting impacts on neighbors are further limited. 2 The study included the analysis of PM peak hour traffic conditions at the following locations: the signalized intersection at Saratoga-Sunnyvale Road and Seagull Way; the signalized intersection at Saratoga-Sunnyvale Road and Prospect Road, the unsignalized intersection at Saratoga-Sunnyvale Road and Kirkmont Drive; the freeway segment at SR85 between Saratoga Avenue and Saratoga-Sunnyvale Road; and the freeway segment at SR85 between Saratoga Avenue and Stevens Creek Boulevard. Page 5 of 6 148 CUP 14-0008; 12230 Saratoga-Sunnyvale Road Finding #3: The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance. The use permit includes conditions of approval to ensure compliance with zoning requirements. Any intensification of this use will require an amended Conditional Use Permit. The facility complies with all required setbacks, height limitations, and building coverage limitations. Landscaping is in accordance with City Code Section 15- 19.040(i)(1) which states that an area not less than ten feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission and all planting materials shall permanently be maintained by the owner or occupant of the site. Furthermore, there is a solid wall/fence at least six feet in height as measured from the parking lot and including the five-foot deep / 18-inch high retaining wall/landscape area. The fence is covered with “plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent properties against noise” along the adjoining residential property line, in accordance with City Code Section 15-19.020(f). Finding #4: The proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. The use would be located entirely within a building. Residential uses to the east are screened by a wall/fence covered in ivy, while residential uses to the north are screened by a masonry wall. As conditioned, noise from the parking lot would be minimized by requiring early and late hour parking to be as far from residential uses as possible. All exterior light fixtures shall be shielded to prevent excessive glare or direct illumination onto adjacent properties and public street rights of way, while light fixtures in the rear parking lot shall be timed to turn off between the hours of 11:15 pm and 9:00 am. ATTACHMENTS: 1. CUP 14-0008 Resolution of Approval 14-053, dated December 10, 2014 2. COA Comparison 3. Letter from Applicant 4. Resolution of Approval, dated October 14, 2009 (to be superseded) 5. Exhibit A – 2009 Development Plans (approved by Planning Commission) 6. Exhibit B – 2010 Landscape, Irrigation, and Lighting Plans Page 6 of 6 149 RESOLUTION NO. 14-053 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT CUP14-0008 LOCATED AT 12230 SARATOGA-SUNNYVALE ROAD (386-30-039) WHEREAS, on October 14, 2009, Time-Space Investment Development LLC received design review (PDR09-0015) and conditional use permit (CUP 09-0014) approval (Resolution #09- 042) for an institutional facility located in a 12,487 square foot building on an approximately 44,866 square foot lot at 12230 Saratoga-Sunnyvale Road (Assessor’s Parcel Number 386-30-039). The foregoing is described as the “Project” in this Resolution. WHEREAS, the Community Development Department previously 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 November 12, 2014 and continued until December 10, 2014, the Planning Commission held a duly noticed public hearing on the subject permit, 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 will not have a significant effect on the environment. The existing uses were previously approved pursuant to a conditional use permit. All impacts at that time were found to be insignificant for the purposes of CEQA and that determination has not changed. Furthermore, “existing facilities” are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines (14 C.C.R. Section 15301). Section 3: The amendment of the use permit is consistent with the Saratoga General Plan Land Use Policy LU 5.2 which states that development proposals shall be evaluated against City standards and guidelines to assure that the related traffic, noise, light, appearance, and intensity of the proposed use have limited adverse impact on the area and can be fully mitigated. Section 4: The project is consistent with Saratoga City Code Section 15-55.070 in that the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located; and the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and the proposed conditional use will comply with each of the applicable provisions of this Chapter; and the proposed conditional use will not adversely affect 150 existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. Section 5: The City of Saratoga Planning Commission hereby adopts Resolution 14-053 approving CUP 14-0008 for the project located at 12230 Saratoga-Sunnyvale Road, subject to the Conditions of Approval attached hereto as Exhibit 1. This resolution replaces the previous resolution (09-042) and use permit (CUP09-0014). PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 10th day of December 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Chair, Planning Commission 2 Application No. CUP 14-0008; 12230 Saratoga-Sunnyvale Road 151 Exhibit 1 CONDITIONS OF APPROVAL CUP 14-0008 TIME-SPACE INVESTMENT DEVELOPMENT LLC; 12230 SARATOGA-SUNNYVALE ROAD; ASSESSOR’S PARCEL NUMBER 386-30-039 A. GENERAL 1. Continuing jurisdictions of Planning Commission and Director. The Planning Commission and Director, as applicable shall, in all cases, retain continuing jurisdiction over each conditional use permit and may at any time, either independently or in response to an application or request to do so, modify or delete any conditions of a conditional use permit or impose any new conditions if the Commission or Director determines that such action is necessary in order to preserve a substantial right of the applicant, or to preserve the public health, safety or welfare, or to prevent the creation or continuance of a public nuisance, or where such action is necessary to preserve or restore any of the findings set forth in City Code Section 15-55.070. A conditional use permit may be revoked by the Planning Commission upon a determination that the holder of the permit has failed to comply with any condition thereof or has violated any applicable provision of City Code. Violations of the City's laws and regulations may be subject to an Administrative Citation and fines pursuant to Saratoga City Code Article 3-30. 2. Any intensification of this use shall require a new Conditional Use Permit. Examples of intensification could include, but are not limited to physical changes to the site or structures on the site to accommodate more employees or customers, and/or changes in operations or equipment that result in ongoing increases in traffic, noise, or other physical effects. 3. Conditions may be modified only by the Planning Commission unless modification is expressly otherwise allowed by the City Code including but not limited to section 16-05.035, as applicable. 4. The Owner and Applicant will be mailed a statement, after the time the Resolution granting this approval is duly executed, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained 5. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, public health, safety and welfare, sanitation, water quality issues, and the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. 3 Application No. CUP 14-0008; 12230 Saratoga-Sunnyvale Road 152 6. 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, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold Harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. B. COMMUNITY DEVELOPMENT 7. Compliance with Plans and Description of Use. The use and development shall be operated, located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A" dated September 9, 2009 and the Landscape, Irrigation, and Lighting Plans denominated Exhibit "B" each dated February 2, 2010, incorporated by this reference. All proposed changes to the Approved Plans and Description of Use must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to City approval. 8. Six Month Review. The Planning Commission will review this Use Permit at a regularly scheduled Planning Commission meeting in May 2015 to ensure that the holder of the permit has complied with all of the conditions of approval. In accordance with City Code Article 3-30 and Section 15-55.070, the Planning Commission may modify, delete or impose new conditions or revoke this conditional use permit at any time. 9. Hours of Operation. a. Business Hours. The business shall operate as represented on the plans marked “Exhibit A” and the allowed hours of operation shall be from 6:00 a.m. to 11:00 p.m. b. Parking Hours. i. All parking, including both staff and patron parking, shall be limited to the front parking lot between the hours of 6:00am and 9:00am. ii. All staff and patrons arriving at 9:00pm or later in the evening shall parking in the front parking lot, unless the front parking lot is full. iii. The above conditions do not preclude parking in the event of an emergency. 10. Business Entrance. All staff and patrons shall enter the facility through the front entrance between the hours of 6:00am and 9:00am and after 9:00pm. While maintaining the ability to freely exit the facility from any door at all times, the rear door shall be locked to prevent 4 Application No. CUP 14-0008; 12230 Saratoga-Sunnyvale Road 153 entrance from the outside between the hours of 6:00am and 9:00am and after 9:00pm. The foregoing condition does not preclude emergency access and egress. 11. Fencing. a. The black coated chain link fencing between the subject property and the property located to the south shall be maintained. b. The solid wall / fence located along the property line between the subject property and residential district(s) shall be maintained to minimize privacy impacts and insulate the adjacent properties against excessive noise. 12. Maintenance of landscaped areas. The applicant shall maintain landscaping and irrigation in accordance with Exhibit B. The plant materials shall be suitable for screening or ornamenting the site, whichever is appropriate, and plant materials shall be replaced as needed to screen or ornament the site. Landscaped areas shall be watered, weeded, pruned, fertilized, sprayed or otherwise maintained by the owner as may be prescribed by the Community Development Director. 13. Exterior Lighting. All exterior light fixtures shall comply with the following conditions, notwithstanding the minimum lighting necessary to ensure adequate safety, night vision, and comfort: a. All exterior light fixtures shall be shielded to prevent excessive glare or direct illumination onto adjacent properties and public street. b. All standing light fixtures in the rear parking lot denominated A-2, A-4, A-6, and A-8 in the Lighting Plan (Exhibit B) shall be timed to turn off between the hours of 11:15pm and 9:00am. 14. Vent Screening. All vents protruding from the roof shall be painted a flat ‘dark grey’ color to help conceal the vents from view. 15. Good Neighbor Signage. Signs shall be posted in the parking areas and near both entrances/exits reminding staff and patrons to be quiet and respectful of neighbors. 16. Facility Management Phone Number. A phone number to contact facility management during normal business hours shall be provided for questions, concerns, and complaints from neighbors, City or other agency staff, or business patrons. 17. Fire Department. The owner/applicant shall agree to all requirements of the Santa Clara County Fire Department, as applicable, including but not limited to any hazardous materials or equipment associated with the proposed use. As recommended by the Fire Department, the property shall maintain a 'no parking-fire lane' zone on the south side of the building. The ‘no parking-fire lane’ area shall be marked on the ground and additional signage shall be posted to assert the restriction. 18. Building Department. The owner/applicant shall agree to all requirements of the Saratoga Building Department, as applicable. 5 Application No. CUP 14-0008; 12230 Saratoga-Sunnyvale Road 154 “Saratoga Star Aquatics” Swimming Facility - Conditional Use Permit 2009 – 2014 Comparison of Conditions of Approval 2009 Conditions 2014 Conditions Notes 1. The Planning Commission shall retain continuing jurisdiction over the Conditional Use Permit and Design Review and may, at any time, modify, delete, or impose any new conditions of the permit to preserve the public health, safety, and welfare. Continuing jurisdictions of Planning Commission and Director. The Planning Commission and Director, as applicable shall, in all cases, retain continuing jurisdiction over each conditional use permit and may at any time, either independently or in response to an application or request to do so, modify or delete any conditions of a conditional use permit or impose any new conditions if the Commission or Director determines that such action is necessary in order to preserve a substantial right of the applicant, or to preserve the public health, safety or welfare, or to prevent the creation or continuance of a public nuisance, or where such action is necessary to preserve or restore any of the findings set forth in City Code Section 15-55.070. A conditional use permit may be revoked by the Planning Commission upon a determination that the holder of the permit has failed to comply with any condition thereof or has violated any applicable provision of City Code. Violations of the City's laws and regulations may be subject to an Administrative Citation and fines pursuant to Saratoga City Code Article 3-30. Language updated to reflect current language used in 2014 2. Any intensification of this use shall require an amended Conditional Use Permit. Examples of intensification of use include, but are not limited to physical changes to the site or structure of the use to accommodate more employees or customers and changes in operations or equipment that result in ongoing increases in traffic, noise, or other physical effects. Any intensification of this use shall require a new Conditional Use Permit. Examples of intensification could include, but are not limited to physical changes to the site or structures on the site to accommodate more employees or customers, and/or changes in operations or equipment that result in ongoing increases in traffic, noise, or other physical effects. Generally the same 3. Conditions may be modified only by the planning commission unless modification is expressly otherwise allowed by the city code including but not limited to section 16-05.035, as applicable. Conditions may be modified only by the Planning Commission unless modification is expressly otherwise allowed by the City Code including but not limited to section 16-05.035, as applicable. Generally the same 4. The Community Development Director shall mail to the Owner/Applicant a notice in writing, on or after the time this Resolution of Approval is duly executed by the City, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the Community Development Director certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). The Owner and Applicant will be mailed a statement, after the time the Resolution granting this approval is duly executed, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). Generally the same, reflects current language used in 2014 5. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or the Design Review and Use Permit will expire unless extended in accordance with the City Code. No longer applicable 6. The use shall at all times operate in compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdictional authority over the use pertaining to, but not limited to, health, sanitation, safety, and water quality issues. The Project shall maintain compliance with all applicable requirements of the State, County, City and other governmental entities having jurisdiction. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, public health, safety, welfare, sanitation, water quality issues, and the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. Generally the same, reflects current language used in 2014 1 155 2009 Conditions 2014 Conditions Notes 7. Prior to issuance of any demolition, grading, or building permit to implement this Use Permit approval the Applicant shall obtain a “Zoning Clearance” from the Community Development Director by submitting final plans for the requested permit to the Community Development Department for review to ascertain compliance with the requirements of this Resolution. Six Month Review. The Planning Commission will review this Use Permit at a regularly scheduled Planning Commission meeting in May 2015 to ensure that the holder of the permit has complied with all of the conditions of approval. In accordance with City Code Article 3-30 and Section 15-55.070, the Planning Commission may modify, delete or impose new conditions or revoke this conditional use permit at any time. New Condition to reflect direction by Planning Commission Previous condition is no longer applicable 8. Agreement to Indemnify, Hold Harmless and Defend City as to Action Challenging Approval of Application and as to Damage from Performance of Work Authorized by Design Review Approval. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance from the Community Development Director, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval as to form and content by the Community Development Director. 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, 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. Generally the same, reflects current language used in 2014 Compliance with Plans and Description of Use. The use and development shall be operated, located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A" date stamped October 06, 2009, incorporated by this reference. All proposed changes to the Approved Plans and Description of Use must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to the requisite prior City approval. Compliance with Plans and Description of Use. The use and development shall be operated, located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A" dated September 9, 2009 and the Landscape, Irrigation, and Lighting Plans denominated Exhibit "B" each dated February 2, 2010, incorporated by this reference. All proposed changes to the Approved Plans and Description of Use must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to City approval. Generally the same Includes language regarding lighting and landscape plans submitted in 2010 Business Hours. The business shall operate as represented on the plans marked “Exhibit A” and the allowed hours of operation shall be from 9:00 a.m. to 11:00 p.m. Any change in hours of operation would require an update to the Traffic Impact Analysis (TIA). The Community Development Department may approve a change to the approved hours of operation if the TIA indicates that no significant impacts would result from the revised hours of operation. Under no circumstance, unless otherwise approved by the Planning Commission, shall the business open any earlier than 5:00 am. Parking would be restricted to the front parking lot between the hours of 5:00am and 7:00 am. Hours of Operation. a. Business Hours. The business shall operate as represented on the plans marked “Exhibit A” and the allowed hours of operation shall be from 6:00 a.m. to 11:00 p.m. b. Parking Hours. i. All parking, including both staff and patron parking, shall be limited to the front parking lot between the hours of 6:00am and 9:00am. ii. All staff and patrons arriving at 9:00pm or later in the evening shall parking in the front parking lot, unless the front parking lot is full. iii. The above conditions do not preclude parking in the event of an emergency. Amended to reflect direction by Planning Commission Business Entrance. All staff and patrons shall enter the facility through the front entrance between the hours of 6:00am and 9:00am and after 9:00pm. While maintaining the ability to freely exit the facility from any door at all times, the rear door shall be locked to prevent entrance from the outside between the hours of 6:00am and 9:00am and after 9:00pm. The foregoing condition does not preclude emergency access and egress New Condition to reflect direction by Planning Commission 2 156 2009 Conditions 2014 Conditions Notes Chain Link Fencing. The chain link fencing shall be constructed with a black coat finish. Fencing. a. The black coated chain link fencing between the subject property and the property to the right shall be maintained. b. The solid wall / fence located along the property line between the subject property and residential district(s) shall be maintained to minimize privacy impacts and insulate the adjacent properties against excessive noise. Amended to reflect direction by Planning Commission Maintenance of landscaped areas. The applicant shall maintain landscaping and irrigation in accordance with Exhibit B. The plant materials shall be suitable for screening or ornamenting the site, whichever is appropriate, and plant materials shall be replaced as needed to screen or ornament the site. Landscaped areas shall be watered, weeded, pruned, fertilized, sprayed or otherwise maintained by the owner as may be prescribed by the Community Development Director. New Condition to reflect direction by Planning Commission Exterior Lighting. All exterior light fixtures shall comply with the following conditions, notwithstanding the minimum lighting necessary to ensure adequate safety, night vision, and comfort: a All exterior light fixtures shall be shielded to prevent excessive glare or direct illumination onto adjacent properties and public street. b All light fixtures in the rear parking lot denominated A-2, A-4, A-6, and A-8 in the Lighting Plan (Exhibit B) shall be timed to turn off between the hours of 11:15pm and 9:00am. New Condition to reflect direction by Planning Commission Vent Screening. All vents protruding from the roof shall be painted a flat ‘dark grey’ color to help conceal the vents from view. New Condition to reflect direction by Planning Commission Good Neighbor Signage. Signs shall be posted in the parking areas and near both entrances/exits reminding staff and patrons to be quiet and respectful of neighbors. New Condition to reflect direction by Planning Commission Facility Management Phone Number. A phone number to contact facility management during normal business hours shall be provided for questions, concerns, and complaints from neighbors, City or other agency staff, or business patrons. New Condition to reflect direction by Planning Commission Fire Agency Conditions. Applicant shall comply with all Fire Agency Conditions. The applicant should contact the hazardous materials specialist at the Fire Department regarding the LPG tank onsite and any other hazardous materials associated with the proposed use. Fire Department. The owner/applicant shall agree to all requirements of the Santa Clara County Fire Department, as applicable, including but not limited to any hazardous materials or equipment associated with the proposed use. As recommended by the Fire Department, the property shall maintain a 'no parking-fire lane' zone on the south side of the building. The ‘no parking-fire lane’ area shall be marked on the ground and additional signage shall be posted to assert the restriction. Amended to reflect direction by Planning Commission and correspondence with Fire Department Building Department. Applicant shall comply with all building standards including any tenant improvements necessary to comply with the building code. Building Department. The owner/applicant shall agree to all requirements of the Saratoga Building Department, as applicable. 3 157 For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. 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