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Home My WebLink About02-11-15 Planning Commission Agenda PacketTable of Contents Agenda 3 January 14, 2015 Draft Minutes 5 Application PDR14-0023; 0 Via Alto Ct (389-27-045); Sakai / Shimizu - The applicant is proposing a single-story 3,638 square foot residence that would include a two-car garage and second dwelling unit. The project would be no taller than 19.5 feet. There are no protected trees are being proposed for removal. The net site is 16,146 sq. ft. and the property is zoned for R-1- 12,500. Staff Contact: Michael Fossati (408) 868-1212. Staff Report - 0 Via Alto 7 Att 1 Resolution 13 Att 2 Front Fence Rendering 18 Att 3 Neighbor Notification 19 Att 4 Landscape Rendering 21 Att 5 Plans Exhibit A 27 Application PDR14-0022 - FER14-0003; 0 Pierce Road (503-18- 002); Hong / Tang - The applicant is proposing a new 24.3 foot tall single-story 4,711 square foot home that would include a two -car garage and second dwelling unit. The project also includes a fence exception to allow an seven foot wood fence acting as a soundwall in the front along Saratoga-Sunnyvale Road and portion of exterior side setback along Pierce Road. Planning Commission design review is required because the project consists of a new single-story residence over 18 feet in height and a fence taller than three feet within the required exterior side setback. Nine protected trees are being proposed for removal. Staff Contact: Michael Fossati, (408)868-1212 Staff Report - 0 Pierce Road 38 Att 1 Resolution 46 Att 2 Arborist Report 53 Att 3 Neighbor Notification 61 Att 4 Additional Comments 67 Att 5 Story Pole Certification 69 Att 6 Color Front Elevation 70 Att 7 Plans Exhibit A 71 Application PDR14-0016 / CUP14-0004 / SUB14-0002; 12260 Saratoga-Sunnyvale Road / 386-30-035; West Valley Muslim Association; The applicant is requesting Design Review, Conditional Use Permit, and Subdivision approval for the construction of one 2,297 square feet commercial / retail building that is 20 feet in height and twelve residential townhomes, each approximately 2,400 square feet in size and 27 feet in height, totaling approximately 34,000 square feet. The project is in conformance with City standards for height, setbacks, floor area, and site coverage. The site is1.20 acres in size and is zoned CV. Staff Contact: Christopher Riordan (408)868-1235. Staff Report 77 1 Attachment 1 - Resolution 78 Attachment 2 - Gateway Guidelines Conformance Table 85 Attachment 3 - Story Pole Certification 91 Attachment 4 - CalGreen Checklist 92 Attachment 5 - Neighbor Comments 98 Attachment 6 - Notice of Public Hearing 102 Attachment 7 - Project Plans 109 2 AGENDA REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, February 11, 2015 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 January 14, 2015 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 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 PDR14-0023; 0 Via Alto Ct (389-27-045); Sakai / Shimizu - The applicant is proposing a single-story 3,638 square foot residence that would include a two-car garage and second dwelling unit. The project would be no taller than 19.5 feet. There are no protected trees are being proposed for removal. The net site is 16,146 sq. ft. and the property is zoned for R-1-12,500. Staff Contact: Michael Fossati (408) 868-1212. Recommended action: Adopt Resolution No. 15-002 approving the project subject to conditions of approval. 2. Application PDR14-0022 - FER14-0003; 0 Pierce Road (503-18-002); Hong / Tang - The applicant is proposing a new 24.3 foot tall single-story 4,711 square foot home that would include a two-car garage and second dwelling unit. The project also includes a fence exception to allow an seven foot wood fence acting as a soundwall in the front along Saratoga-Sunnyvale Road and portion of exterior side setback along Pierce Road. Planning Commission design review is required because the project consists of a new single- story residence over 18 feet in height and a fence taller than three feet within the required exterior side 3 setback. Nine protected trees are being proposed for removal. Staff Contact: Michael Fossati, (408)868- 1212. Recommended action: Adopt Resolution No. 15-001 approving the project subject to conditions of approval. 3. Application PDR14-0016 / CUP14-0004 / SUB14-0002; 12260 Saratoga-Sunnyvale Road / 386-30-035; West Valley Muslim Association; The applicant is requesting Design Review, Conditional Use Permit, and Subdivision approval for the construction of one 2,297 square feet commercial / retail building that is 20 feet in height and twelve residential townhomes, each approximately 2,400 square feet in size and 27 feet in height, totaling approximately 34,000 square feet. The project is in conformance with City standards for height, setbacks, floor area, and site coverage. The site is1.20 acres in size and is zoned CV. Staff Contact: Christopher Riordan (408)868-1235. Recommended action: Approve Resolution No. 15-004 approving the project subject to conditions of approval. PLANNING STAFF/COMMISSION COMMUNICATION ADJOURNMENT CERTIFICATE OF POSTING OF AGENDA I, Abby Ayende, Office Specialist III for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission was posted and available for public review on February 5, 2015 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. You can also sign up to receive email notifications when Commission agendas and minutes have been added to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp. NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 4 ACTION MINUTES REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, January 14, 2015 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE ROLL CALL PRESENT Commissioners Leonard Almalech, Wendy Chang, Kookie Fitzsimmons, Tina Walia, Acting Chair Pragati Grover ABSENT Dede Smullen ALSO PRESENT Kate Bear, Arborist Christopher Riordan, Senior Planner Curtis Williams, Interim Community Development Director COMMUNICATIONS FROM COMMISSION & PUBLIC APPROVAL OF MINUTES Approve Action Minutes from the Regular Planning Commission Meeting of December 10, 2014 Action: WALIA/ALMALECH MOVED TO APPROVE THE DECEMBER 10, 2014 MINUTES. MOTION PASSED. AYES: ALMALECH, CHANG, FITZSIMMONS, GROVER, WALIA. NOES: NONE. ABSENT: SMULLEN. ABSTAIN: NONE. PUBLIC HEARINGS 1. Application CUP13-0002 - 19127 Cox Avenue (386-22-009) Brookside Club of Saratoga - The applicant is requesting a new use permit to replace their existing use permit, last amended in 1996. The current use permit includes conditions regarding parking space requirements and hours of operation, for example. Details of the application can be reviewed at City Hall during normal business hours. The City of Saratoga will be closed for the Holidays and staff furlough between December 24 2014 and January 4, 2015. The application can be reviewed during normal business hours beginning January 5, 2015. Staff Contact: Cynthia McCormick (408)868-1230. Action: ALMALECH/WALIA MOVED TO CANCEL THE PUBLIC HEARING FOR THIS PROJECT. MOTION PASSED. AYES: ALMALECH, CHANG, FITZSIMMONS, GROVER, WALIA. NOES: NONE. ABSENT: SMULLEN. ABSTAIN: NONE. 2. Application PDR11-0003 & VAR11-0001; 21794 Heber Way (503-31-067); Eric Keng / Steve Sheng – The project is a Design Review and Variance to construct a new two-story residence with a three-car garage on a hillside lot. The height will be no taller than 26 feet from average grade. The variance is required because the applicant is proposing a 97 foot front setback (when 131 foot setback is required) and a 20 foot and 30 foot side setback (when a 45 foot side setback is required). No protected trees are being proposed for removal. This meeting is continued from the September 24, 2014 Planning Commission Meeting. Staff Contact: Michael Fossati (408) 868-1212. 5 Action: CHANG/ALMALECH MOVED TO CONTINUE THE HEARING TO A DATE UNCERTAIN. MOTION PASSED. AYES: ALMALECH, CHANG, FITZSIMMONS, GROVER, WALIA. NOES: NONE. ABSENT: SMULLEN. ABSTAIN: NONE. 3. Application PDR14-0022 - FER14-0003; 0 Pierce Road (503-18-002); Hong / Tang - The applicant is proposing a new 25 foot tall single-story 4,711 square foot home that would include a two-car garage and second dwelling unit. The project also includes a fence exception to allow an eight foot soundwall in the front along Saratoga-Sunnyvale Road and portion of exterior side setback along Pierce Road. Planning Commission design review is required because the project consists of a new single-story residence over 18 feet in height and a wall taller than three feet within the required exterior side setback. Nine protected trees are being proposed for removal. Staff Contact: Michael Fossati, (408)868-1212 Action: ALMALECH/WALIA MOVED TO CONTINUE THE HEARING TO FEBRUARY 11, 2015. MOTION PASSED. AYES: ALMALECH, CHANG, FITZSIMMONS, GROVER, WALIA. NOES: NONE. ABSENT: SMULLEN. ABSTAIN: NONE. 4. Application APTR14-0002 – 21901 Mt. Eden Road (503-13-133); Bawa – The owner of the property is appealing the partial denial of a tree removal permit application (TRP14-0378). The owner applied to remove 14 oaks on their property. Following inspection, two coast live oaks were approved for removal, and the remaining twelve oaks were denied based on an inspection by the City Arborist and the determination that they did not meet the criteria requiring their removal. Staff contact: Kate Bear (408) 868-1276. Action: ALMALECH/CHANG MOVED TO ADOPT RESOLUTION 15-0002 DENYING THE APPEAL. MOTION PASSED. AYES: ALMALECH, CHANG, FITZSIMMONS, GROVER, WALIA. NOES: NONE. ABSENT: SMULLEN. ABSTAIN: NONE. DIRECTOR/COMMISSION COMMUNICATION Senior Planner Christopher Riordan announced the new Community Development Director Erwin Ordoñez will start January 20, 2015. The Commission cancelled the January 28, 2015 meeting. Commissioner Grover invited the Commission to attend the City Council Annual retreat on January 23, 2015. ADJOURNMENT WALIA/ALMALECH MOVED TO ADJOURN AT 7:34 PM. MOTION PASSED. AYES: ALMALECH, CHANG, FITZSIMMONS, GROVER, WALIA. NOES: NONE. ABSENT: SMULLEN. ABSTAIN: NONE. 6 REPORT TO THE PLANNING COMMISSION Meeting Date: February 11, 2015 Application: PDR14-0023 Location / APN: Vacant Lot behind 18771 Allendale Ave. / 389-27-045 Owner/Applicant: Shimizu / Sakai Staff Planner: Michael Fossati, Planner 0 Via Alto Ct. (APN 389-027-045) Page 1 of 6 7 Summary PROJECT DESCRIPTION: The applicant is proposing a one-story, 3,638 sq. ft. residence located on a vacant lot behind 18771 Allendale Avenue and along Via Alto Court. The residence includes a 671 sq. ft. garage and 650 sq. ft. second dwelling unit, which are both attached to the main residence. The height of the main residence will be no taller than 19.5 feet. No protected trees are proposed for removal. STAFF RECOMMENDATION: Adopt Resolution No. 15-002 approving the project subject to conditions of approval. Design review approval is required pursuant to City Code Section 15-45.060. PROJECT DATA: Site Area: 16,146 gross / net Average Slope: +/- 2% Grading: +/- 20 cy of cut and fill General Plan Designation: Medium Density Residential (M-12.5) Zoning: Single-Family Residential (R1-12,500) Proposed Allowed/Required Site Coverage Main House / Garage Walkways / Decks Swimming Pool Paver Driveway Paver Walkway/Patio Total Site Coverage Front Yard Impervious 5,634.7 sf 211.8 sf 995.2 sf 718.7 sf (50% of 1,437.3) 581.2 sf (50% of 1,162.3) 8,151.6 sf (50.5%) 981.5 sf (39.0%) 8,880.3 sf (55%) 1,256 sf (50% of 2,513 sf ) Floor Area Main House, Garage & 2nd Dwelling Unit Total Floor Area 3,638 sf 3,638 sf 4,206 sf Height Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: 304.2’ 306.2’ 305.2’ 324.7’(19’ 6”) 26 feet Maximum Application PDR14-0023 0 Via Alto /389-27-045 Page 2 of 6 8 Proposed Allowed/Required Setbacks Front: Left Side: Right Side: Rear: 1st Story 25.2’ 15.2’ 10.3’ 25.3’ 1st Story 25’ 10’ 10’ 25’ PROJECT DESCRIPTION/DISCUSSION DESIGN REVIEW Site and Neighborhood Description: The 16,164 sq. ft. vacant property is located on Via Alto Court, behind 18771 Allendale Avenue, which is located on the corner of Allendale Avenue and Via Alto Court. The property is referred to as “0 Via Alto Court” because it has no existing structure on-site. Properties without structures do not have addresses. The parcel was created from a subdivision that occurred in 2013. The residential neighborhood includes both single-story ranch style homes and residences. Architectural Design: The single story home follows an Japanese influence architectural theme. The low profile residence includes a mixture of exteriors that include steel troweled cement plaster and cement fiber shiplap siding. The columns are made of wood with the bottom portion wrapped in lightweight Eldorado stone veneer. The side facing garage would be a bronze anodized aluminum garage door with tempered glazing picture windows. The proposed roof is asphalt comp shingle with painted metal gutters underneath. The proposed colors are as follows: Front Yard Fence: The applicant has proposed a stain grade wood privacy fence in western cedar at the front of the property. The design of the fence is four feet, two and half inches of solid fence and one foot, nine inches of open wood lattice. This fence would be 25 feet from the front property line, which is parallel to Via Alto Court. The fence would attach to the side of the garage and provide access to a small front yard through a pedestrian gate. The fence location and height would not require a fence exception and is permitted per City Code. A rendering of the fence details can be found as Attachment 2. Automobile Gate: The applicant has also proposed folding-garage gate that would allow vehicular access to the main residence and garage. The gate, also located 25 feet away from the property line, would be constructed with a steel frame and composite infill with a design identical to the wooden fence. Detail Colors and Materials Exterior Stucco Toffee Cream (Benjamin Moore) Stucco Exterior Siding Beige (Hardieplank) Lap Siding Stone Veneer Yukon Mountain Ledge (Eldorado Stone) Veneer Garage Door Bronze (Clopay Avante TM Collection) Roof Shadow Gray (Certainteed Presidential TL) Shingle Application PDR14-0023 0 Via Alto /389-27-045 Page 3 of 6 9 Landscaping: The landscape theme is “Japanese Garden”. The largest tree to be planted would be a Blenhiem apricot tree, as a reminder of the old orchard that once covered the three acres of property his parents once owned along Allendale Avenue and Via Alto Court. The front landscaping includes Japanese Black Pine and Maple trees, azalea shrubs, Mondo grass. A major feature of the front landscape is a dry river of gravel that ties the trees, shrubs and perennials together. A rendering of the front landscape can be seen as Attachment 3. Trees: Although an arborist report was included by the applicant, there are no protected trees being proposed for removal. All trees being proposed for removal are not considered protected trees per the City Code. CalGreen Standards/Sustainable Features: The project would comply with the required Calgreen standards. Additionally, the home would include numerous sustainable features, including but not limited to, reusing of existing material, orientation of building to optimize solar energy, installation of an electric vehicle charging station, radiant floor heating, and ENERGY STAR appliances. Second Dwelling Unit: The applicant has proposed an attached second dwelling unit at the front of the residence. The unit is in compliance with all the development standards of City Code, such as unit size, zoning regulations, parking and access. Neighbor Notification and Correspondence: The applicant has submitted one neighbor notification form (Attachment 4). The neighbor demonstrated concerns regarding the height, direction the home is facing, and the proposed fence. Staff spoke directly with the neighbor regarding their concerns and informed them the proposed height is allowed per City Code, and due to orientation and location of the site, does not seem to unreasonably impact views or privacy of adjacent properties, therefore meeting one of the findings for approval. Staff reassured the neighbor that the front door is facing Via Alto, not Allendale Drive as they stated. Furthermore, Staff informed the neighbor that the proposed fence would be setback 25 feet from the front property line, allowing the front landscaping and proposed trees to buffer the impact from the public right-of-way. A public notice was sent to property owners within 500 feet of the site. Staff has spoken with various property owners from Via Alto Court regarding the proposal, but no additional letters or e- mails have been received regarding the project. Application PDR14-0023 0 Via Alto /389-27-045 Page 4 of 6 10 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 residence has been proposed within the center of the site. The site will need minimal grading to develop since the property has a natural level grade. (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 because no protected trees are being removed. (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. The applicant has exceeded setback requirements of City Code and maintained a reasonable amount of open area on the property. Both techniques assist in creating lesser impacts to privacy of adjoining neighbors. (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 even though the height is taller than the majority of homes along Via Alto, the roof plan, hip design and similar roof lines in the area. The mass of the structure has been lessened by the proposed exterior finishes, earth tone colors, and increased setbacks from side properties. (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 because the landscape plan will include trees, shrubs, and ground cover that is complimentary to the properties along Via Alto Court. Even though the front landscaping isn’t traditional, it is still complimentary to the surroundings due to its simplicity and natural elements. (f) Development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy. The project meets this finding because the project has chosen a site location that exceeds the required setback and a roof form that is low in profile. Both of these factors assist in not impairing the ability of adjoining properties to utilize solar energy. (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 Application PDR14-0023 0 Via Alto /389-27-045 Page 5 of 6 11 the building design and site plan incorporate several techniques from the Residential Design Handbook, including that 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 design is simple with well-proportioned massing, the project deemphasizes the garage presence from the street, and the project will maintain the generally established front yard setbacks along the street. (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 finding is not applicable as the site is not a hillside lot. 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. Front Fence Rendering 3. Front Landscaping Rendering 4. Neighbor Notification Forms 5. Development Plans (Exhibit "A") Application PDR14-0023 0 Via Alto /389-27-045 Page 6 of 6 12 RESOLUTION NO. 15-003 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION FOR DESIGN REVIEW NO. PDR14-0023 APPROVING A NEW ONE-STORY RESIDENCE LOCATED AT 0 VIA ALTO (APN 389-27-045) WHEREAS, an application was submitted by Eiko and Bruce Shimuzu, in order to build a new 3,638 sq. ft., 19.5 foot tall, one-story residence located on a vacant lot on Via Alto Court, behind 18771 Allendale Avenue. Design Review approval is required because the proposed project is new single-story structure over eighteen feet in height. The foregoing work is described as the “Project” in this Resolution. 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 February 11, 2015, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. Section 3: The project is consistent with the following Saratoga General Plan Policies: Land Use Goal 13 which provides that the City shall use the Design Review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings; Safety Element Site and Drainage Policy 3 which provides that the City shall require that landscaping and site drainage plans be submitted and approved during Design Review for a residence prior to issuance of permits; Land Use Element Goal 10 which minimizes the impact of development proposals in hillside areas by requiring visual analyses and imposition of conditions to prevent or reduce significant visual impacts; and Conservation Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Section 4: The project is consistent with the Saratoga City Code in that the design and improvements are consistent with the design review findings in that the project’s site development follows the natural contours of the site, minimizes grading, and is appropriate given 13 Resolution No. 15-003 Page 2 the property's natural constraints; all protected trees shall be preserved, as provided in Article 15- 50 (Tree Regulations) and 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 (there are no protected trees onsite); and 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 view sheds; and the overall mass and the height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood; and the landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape; and the development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy; and the design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055; and that if the project is a hillside lot, that the location and the design of the structure avoid unreasonable impacts to ridgelines, significant hillside features, community view sheds, and is in compliance with Section 15-13.100 of the City Code (the site is not a hillside lot). Section 5: The project is consistent with the Saratoga City Code in that no protected trees that meet the criteria established in Section 15-50.080(a) are being removed. Section 6: The City of Saratoga Planning Commission hereby approves PDR14-0023 located at 0 Via Alto (APN 389-27-045), subject to the above Findings and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission this 11th day of February 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Pragati Grover Acting Chair, Planning Commission 14 Resolution No. 15-003 Page 3 EXHIBIT 1 CONDITIONS OF APPROVAL PDR14-0023 0 VIA ALTO (APN: 389-27-045) 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 permit for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent or other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content to the 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 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. 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. 15 Resolution No. 15-003 Page 4 COMMUNITY DEVELOPMENT 5. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated January 29, 2015 denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with Condition 3, above. 6. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department and referenced in Condition No. 5 above; b. A note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the root zone of any Ordinance- protected tree on the site; c. This Resolution printed onto separate construction plan pages; d. A final utility plan that shows location of HVAC mechanical equipment outside of required setback areas; e. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined with the Stormwater Detention Plan; f. A final Landscape and Irrigation Plan; and g. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 7. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public right-of-way. 8. Maintenance of Construction Project Sites. Because this Design Review Approval authorizes a project which requires a Building Permit, compliance with City Code Section 16-75.050 governing maintenance of construction project sites is required. 9. Fences, Walls and Hedges. All fences, walls and hedges not in connection with the proposed fence exception shall conform to height requirements provided in City Code Section 15-29. 10. Final Landscaping and Irrigation Plan. The final landscaping and irrigation plan shall take into account the following: a. To the extent feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that 16 Resolution No. 15-003 Page 5 provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. b. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. c. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. d. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. e. Any proposed or required under grounding of utilities shall take into account potential damage to roots of protected trees 11. Fire Department Requirements. Owner/applicant shall comply with all Fire Department requirements. 12. Noise and Construction Hours. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 13. Front yard landscaping. Front yard landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Department. 150% of the estimated cost of the installation of such landscaping shall be provided to the City. PUBLIC WORKS 14. Encroachment Permit. The applicant (owner) shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement prior to commencement of the work to implement this Design Review. 17 O Via Alto CourtFront Fence Rendering18 19 20 21 22 23 24 25 26 27 28 29 30 PROJECT NO.13-003 REVISION DATE DESCRIPTION2014.07.09DESIGN REVIEW SUBMITTAL2013.10.07OWNER REVISIONS2015.01.26DESIGN REVIEW SUBMITTALSTUDIO S SQUARED ARCHITECTURE, INC.C19 N. 2nd St., Ste. 205San Jose, CA 95113P : (408) 998 - 0983F : (408) 998 - 0982SHIMIZU RESIDENCENEW SINGLE FAMILY RESIDENCE0 VIA ALTO CT., SARATOGA, CABRUCE SHIMIZU"FOR PLANNING APPROVAL ONLY--NOT FOR CONSTRUCTION"EXTERIOR ELEVATIONSA3.031/4"SOUTH ELEVATION (LEFT)21/4"EAST ELEVATION (FENCE REMOVED FOR CLARITY)11/4"EAST ELEVATION (FRONT)--KEYNOTES= NUMBER OF KEYNOTE BELOW#-1/16"KEYPLAN1/A3.02/A3.11/A3.13/A3.02/A3.01 ASPHALT COMP SHINGLE ROOFING, INSTALL PER MANUF. INSTRUCTIONS--MANUF.: CERTAINTEED; STYLE: PRESIDENTIAL TL; COLOR: SHADOW GRAY www.certainteed.com2 LIGHTWEIGHT STONE VENEER (<15 LBS/SF), INSTALL PER MANUF. INSTRUCTIONS--MANUF.: ELDORADO STONE; STYLE: MOUNTAIN LEDGE; COLOR: YUKON www.eldoradostone.com3SKYLIGHT4 FOLDING GARAGE GATE STEEL FRAME WITH COMPOSITE INFILL--SEE LANDSCAPE PLANS5 CLAD (DARK BRONZE) WOOD FRONT DOOR WITH TEMPERED GLAZING6 DARK BRONZE ANODIZED ALUMINUM WINDOW/DOOR 7 PAINTED METAL GUTTER 8 1"X8" STAIN GRADE WOOD TRIM, CLEAR WESTERN RED CEDAR9 WOOD COLUMN, 12" SQUARE SHAFT, 7'-2" OVERALL HEIGHT, STAIN GRADE CORNERBOARD10 STAIN GRADE WOOD SIDING--WESTERN RED CEDAR (CLEAR) WITH CLEAR MATTE SEALER11 STEEL TROWELED IGNITION RESISTANT CEMENT PLASTER SYSTEM (SMOOTH FINISH) - 7/8" CEMENT PLASTER O/ METAL LATH O/ 2 LAYERS GRADE 'D' OR BETTER BUILDING PAPER, 3 COAT SYSTEM 12 BRONZE ANODIZED ALUMINUM GARAGE DOOR WITH TEMPERED GLAZING PICTURE WINDOWS13 EXTERIOR LIGHT, INSTALL PER MANUF. INSTRUCTIONS--MANUF.: HINKLEY LIGHTING; STYLE: ATLANTIS 2 LIGHT OUTDOOR WALL LANTERN 1649TT; COLOR: TITANIUM www.hinkleylighting.com14 SHAPED WOOD BRACKET PAINTED15 STAIN GRADE WOOD FENCE, CLEAR WESTERN RED CEDAR16 OUTDOOR KITCHEN17 WOOD CLAD BI-FOLD/SLIDING DOORS18 PARALLEL LINE 18' ABOVE AVERAGE GRADE AS REQUIRED BY CITY OF SARATOGA19 PARALLEL LINE 26' ABOVE AVERAGE GRADE AS REQUIRED BY CITY OF SARATOGA20 CEMENT FIBER SHIPLAP SIDING JW HARDIE "ARTISAN" SERIES, PAINTED21 STAIN GRADE WOOD WINDOW TRIM, CLEAR WESTERN RED CEDAR19'-5" MAX. BUILDING HEIGHT(N) FINISH GRADE(N) FLOOR BOTTOM PLATE (GUEST HOUSE AND GARAGE(N) FLOOR BOTTOM PLATE (MAIN HOUSE)(N) FLOOR TOP PLATE (GUEST HOUSE AND GARAGE)(N) FLOOR TOP PLATE (MAIN HOUSE GREAT ROOM)(N) FLOOR TOP PLATE (MAIN HOUSE BEDROOMS)19'-5" MAX. BUILDING HEIGHT(N) FINISH GRADE(N) FLOOR BOTTOM PLATE (GUEST HOUSE AND GARAGE(N) FLOOR BOTTOM PLATE (MAIN HOUSE)(N) FLOOR TOP PLATE (GUEST HOUSE AND GARAGE)(N) FLOOR TOP PLATE (MAIN HOUSE GREAT ROOM)(N) FLOOR TOP PLATE (MAIN HOUSE BEDROOMS)19'-5" MAX. BUILDING HEIGHT(N) FINISH GRADE(N) FLOOR BOTTOM PLATE (GUEST HOUSE AND GARAGE(N) FLOOR BOTTOM PLATE (MAIN HOUSE)(N) FLOOR TOP PLATE (GUEST HOUSE AND GARAGE)(N) FLOOR TOP PLATE (MAIN HOUSE GREAT ROOM)(N) FLOOR TOP PLATE (MAIN HOUSE BEDROOMS)+/- 1'-10"9'-0"12'-0"+/- 3'-6"9'-0"5'-7"1'-8"123456781191213141518192082131 PROJECT NO.13-003 REVISION DATE DESCRIPTION2014.07.09DESIGN REVIEW SUBMITTAL2013.10.07OWNER REVISIONS2015.01.26DESIGN REVIEW SUBMITTALSTUDIO S SQUARED ARCHITECTURE, INC.C19 N. 2nd St., Ste. 205San Jose, CA 95113P : (408) 998 - 0983F : (408) 998 - 0982SHIMIZU RESIDENCENEW SINGLE FAMILY RESIDENCE0 VIA ALTO CT., SARATOGA, CABRUCE SHIMIZU"FOR PLANNING APPROVAL ONLY--NOT FOR CONSTRUCTION"EXTERIOR ELEVATIONSA3.121/4"NORTH ELEVATION (RIGHT)11/4"WEST ELEVATION (REAR)--KEYNOTES= NUMBER OF KEYNOTE BELOW#1/A3.02/A3.11/A3.13/A3.02/A3.0-1/16"KEYPLAN1016171 ASPHALT COMP SHINGLE ROOFING, INSTALL PER MANUF. INSTRUCTIONS--MANUF.: CERTAINTEED; STYLE: PRESIDENTIAL TL; COLOR: SHADOW GRAY www.certainteed.com2 LIGHTWEIGHT STONE VENEER (<15 LBS/SF), INSTALL PER MANUF. INSTRUCTIONS--MANUF.: ELDORADO STONE; STYLE: MOUNTAIN LEDGE; COLOR: YUKON www.eldoradostone.com3SKYLIGHT4 FOLDING GARAGE GATE STEEL FRAME WITH COMPOSITE INFILL--SEE LANDSCAPE PLANS5 CLAD (DARK BRONZE) WOOD FRONT DOOR WITH TEMPERED GLAZING6 DARK BRONZE ANODIZED ALUMINUM WINDOW/DOOR 7 PAINTED METAL GUTTER 8 1"X8" STAIN GRADE WOOD TRIM, CLEAR WESTERN RED CEDAR9 WOOD COLUMN, 12" SQUARE SHAFT, 7'-2" OVERALL HEIGHT, STAIN GRADE CORNERBOARD10 STAIN GRADE WOOD SIDING--WESTERN RED CEDAR (CLEAR) WITH CLEAR MATTE SEALER11 STEEL TROWELED IGNITION RESISTANT CEMENT PLASTER SYSTEM (SMOOTH FINISH) - 7/8" CEMENT PLASTER O/ METAL LATH O/ 2 LAYERS GRADE 'D' OR BETTER BUILDING PAPER, 3 COAT SYSTEM 12 BRONZE ANODIZED ALUMINUM GARAGE DOOR WITH TEMPERED GLAZING PICTURE WINDOWS13 EXTERIOR LIGHT, INSTALL PER MANUF. INSTRUCTIONS--MANUF.: HINKLEY LIGHTING; STYLE: ATLANTIS 2 LIGHT OUTDOOR WALL LANTERN 1649TT; COLOR: TITANIUM www.hinkleylighting.com14 SHAPED WOOD BRACKET PAINTED15 STAIN GRADE WOOD FENCE, CLEAR WESTERN RED CEDAR16 OUTDOOR KITCHEN17 WOOD CLAD BI-FOLD/SLIDING DOORS18 PARALLEL LINE 18' ABOVE AVERAGE GRADE AS REQUIRED BY CITY OF SARATOGA19 PARALLEL LINE 26' ABOVE AVERAGE GRADE AS REQUIRED BY CITY OF SARATOGA20 CEMENT FIBER SHIPLAP SIDING JW HARDIE "ARTISAN" SERIES, PAINTED21 STAIN GRADE WOOD WINDOW TRIM, CLEAR WESTERN RED CEDAR19'-5" MAX. BUILDING HEIGHT(N) FINISH GRADE(N) FLOOR BOTTOM PLATE (GUEST HOUSE AND GARAGE(N) FLOOR BOTTOM PLATE (MAIN HOUSE)(N) FLOOR TOP PLATE (GUEST HOUSE AND GARAGE)(N) FLOOR TOP PLATE (MAIN HOUSE GREAT ROOM)(N) FLOOR TOP PLATE (MAIN HOUSE BEDROOMS)19'-5" MAX. BUILDING HEIGHT(N) FINISH GRADE(N) FLOOR BOTTOM PLATE (GUEST HOUSE AND GARAGE(N) FLOOR BOTTOM PLATE (MAIN HOUSE)(N) FLOOR TOP PLATE (GUEST HOUSE AND GARAGE)(N) FLOOR TOP PLATE (MAIN HOUSE GREAT ROOM)(N) FLOOR TOP PLATE (MAIN HOUSE BEDROOMS)32 PROJECT NO.13-003 REVISION DATE DESCRIPTION2014.07.09DESIGN REVIEW SUBMITTAL2013.10.07OWNER REVISIONS2015.01.26DESIGN REVIEW SUBMITTALSTUDIO S SQUARED ARCHITECTURE, INC.C19 N. 2nd St., Ste. 205San Jose, CA 95113P : (408) 998 - 0983F : (408) 998 - 0982SHIMIZU RESIDENCENEW SINGLE FAMILY RESIDENCE0 VIA ALTO CT., SARATOGA, CABRUCE SHIMIZU"FOR PLANNING APPROVAL ONLY--NOT FOR CONSTRUCTION"SECTIONSA5.021/4"SECTION11/4"SECTION--KEYNOTES1/A5.11/A5.02/A5.0= NUMBER OF KEYNOTE BELOW#-1/16"KEYPLAN1/A5.11/A5.02/A5.019'-5" MAX. BUILDING HEIGHT(N) FINISH GRADE(N) FLOOR BOTTOM PLATE (GUEST HOUSE AND GARAGE(N) FLOOR BOTTOM PLATE (MAIN HOUSE)(N) FLOOR TOP PLATE (GUEST HOUSE AND GARAGE)(N) FLOOR TOP PLATE (MAIN HOUSE GREAT ROOM)(N) FLOOR TOP PLATE (MAIN HOUSE BEDROOMS)GREATROOMDININGGENKANBEDROOM#3BEDROOM#2MASTER BEDROOMDININGPANTRY19'-5" MAX. BUILDING HEIGHT(N) FINISH GRADE(N) FLOOR BOTTOM PLATE (GUEST HOUSE AND GARAGE(N) FLOOR BOTTOM PLATE (MAIN HOUSE)(N) FLOOR TOP PLATE (GUEST HOUSE AND GARAGE)(N) FLOOR TOP PLATE (MAIN HOUSE GREAT ROOM)(N) FLOOR TOP PLATE (MAIN HOUSE BEDROOMS)+/- 1'-10"9'-0"12'-0"+/- 3'-6"9'-0"5'-7"1'-8"12'-0"33 PROJECT NO.13-003 REVISION DATE DESCRIPTION2014.07.09DESIGN REVIEW SUBMITTAL2013.10.07OWNER REVISIONS2015.01.26DESIGN REVIEW SUBMITTALSTUDIO S SQUARED ARCHITECTURE, INC.C19 N. 2nd St., Ste. 205San Jose, CA 95113P : (408) 998 - 0983F : (408) 998 - 0982SHIMIZU RESIDENCENEW SINGLE FAMILY RESIDENCE0 VIA ALTO CT., SARATOGA, CABRUCE SHIMIZU"FOR PLANNING APPROVAL ONLY--NOT FOR CONSTRUCTION"SECTIONSA5.121/4"SECTION11/4"SECTION--KEYNOTES= NUMBER OF KEYNOTE BELOW#-1/16"KEYPLAN1/A5.11/A5.02/A5.0POOLLIVING19'-5" MAX. BUILDING HEIGHT(N) FINISH GRADE(N) FLOOR BOTTOM PLATE (GUEST HOUSE AND GARAGE(N) FLOOR BOTTOM PLATE (MAIN HOUSE)(N) FLOOR TOP PLATE (GUEST HOUSE AND GARAGE)(N) FLOOR TOP PLATE (MAIN HOUSE GREAT ROOM)(N) FLOOR TOP PLATE (MAIN HOUSE BEDROOMS)34 35 36 0 VIA ALTO CT. SARATOGA, CA SHIMIZU RESIDENCE 849 Jeffry Drive PLEASANT HILL CA 94523 phone: 925 822 3085 www.thnorton.com l a n d s c a p e a r c h i t e c t u r e LANDSCAPE CONCEPT 1/8" = 1'-0" SHEET 1 of 1 02-21-14 SALTWATER POOL W/ JACUZZI & BAJA SHELF MAIN HOUSE GARAGE GUEST HOUSE ENGAWA OUTDOOR KITCHEN RAISED PLANTER FF: 100.00 STONE WALL, TYPICAL FIRE PIT GOOD NEIGHBOR GATE 12:1 RAMP ENTRY WALK PRIVACY FENCING TRI-FOLD VEHICULAR ENTRY GATE W/ PEDESTRIAN ACCESS GATE ENTRY WALK DRIVEWAY "CHIP SEAL" AUTO COURT STONE BANDING STONES - TO BE PLACED IN FIELD, TYPICAL STONES - TO BE PLACED IN FIELD, TYPICAL STONE STEPPERS LAWN AREA STONE STEPPERS ENTRY STEPSVIA ALTO COURTREMOVABLE BATTING CAGE P.A. P.A.P.A. P.A. P.A. P.A. P.A.P.A.P.A.P.A. FF: 98.00 KOI POND POOL DECK P.A. P.A. P.A. P.A. GRAVEL ACCENT JAPANESE BLACK PINE JAPANESE BLACK PINE JAPANESE BLACK PINE 37 REPORT TO THE PLANNING COMMISSION Meeting Date: February 11, 2015 Application: PDR14-0022 / FER14-0003 Location / APN: 0 Pierce Road / 503-18-002 Owner/Applicant: Nina Tang / Tri Hong Staff Planner: Michael Fossati, Planner 0 Pierce Road Page 1 of 8 38 Summary PROJECT DESCRIPTION: The applicant is proposing a new 24 foot tall single-story 4,711 square foot home that would include a two-car garage and attached second dwelling unit on a vacant lot located at the intersection of Saratoga-Sunnyvale Road and Pierce Road. The applicant has also requested a fence exception to allow seven foot high and six foot high wood fencing in front and along a portion of the exterior side setback. The fence exception is only required for the portion of the property facing Pierce Road since a fence acting as a soundwall is allowed within the front setback adjacent to Saratoga-Sunnyvale Road. Nine of the existing 27 trees on the site have been approved by the City Arborist to be removed, as they are either in conflict with the design or are in poor health and structure. STAFF RECOMMENDATION: Adopt Resolution No. 15-001 approving the project subject to conditions of approval. Design review approval is required pursuant to City Code Section 15-45.060. Fence Exception approval is required pursuant to City Code Section 15-29.090. PROJECT DATA: Site Area: 22,239 sf gross / 17,132 sf net Average Slope: 4% Grading: 90 cy of cut and 90 cy of fill General Plan Designation: Medium Density Residential (M-12.5) Zoning: Single-Family Residential (R1-12,500) Proposed Allowed/Required Site Coverage Main House & Garage Front Porch Area Front Walkway Sidewalk & Patios Paver Driveway Total Site Coverage Front Yard Impervious 4,711 sf 119 sf 631 sf 514 sf 830 sf (50% of 1,660) 7,099 sf (41.4%) 2,291 sf (40%) 9,423 sf (55%) 2,638 sf (50% of 5,726 sf ) Floor Area Main House & Garage Total Floor Area 4,711 sf 4,711 sf 4,712 sf (4,284 sf + 428 sf for deed restricted 2nd dwelling unit) Height Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: 83.4’ 87.2’ 85.3’ 109.55’ (24’3”) 26 feet Maximum Application PDR14-0022/FER14-0003; 0 Pierce Road /503-18-002 Page 2 of 8 39 Proposed Allowed/Required Setbacks Front: Left Side: Right Side: Rear: 1st Story 38’ 25’ 13’ 10’ 1st Story 25’ 25’ 10’ 10’ PROJECT DESCRIPTION/DISCUSSION DESIGN REVIEW Site and Neighborhood Description: The 22,000 sf vacant corner property is located at the intersection of Saratoga-Sunnyvale Road and Pierce Road. The property is referred to as “0 Pierce Road” because it has no existing structure on-site. Properties without structures do not have addresses. The residential neighborhood includes both single-story and two-story homes with various architectural styles . Across the street from Saratoga-Sunnyvale Road are Argonaut Shopping Center and Saratoga Oaks Professional and Commercial Office Center. Architectural Design: The single story home does not follow a specific architectural theme, but is similar to many new residences within the City. The residence would be 24.25 feet in height. The exterior materials would include stucco exterior, stucco columns and trim, steel carriage garage door, wood entry door, and a concrete tile roof. The design includes accents such as a decorative metal chimney cap, faux vent louvers, and keystones above the windows. Landscaping: The landscape design includes a drought-tolerant landscape design that includes Daylilies, Rhododendron, Azaleas, Japanese Anemone, and Pink Muhly. Permeable pavers from CalStone Paving would be installed for the driveway and walkway areas. Trees: Nine trees protected by City Code are requested for removal (Attachment 2). The City Arborist has approved the removal of those trees (eight “Trees of Heaven” and one “Coast Live Oak). Reasons for removal include, but are not limited to, the condition of the trees with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services and the necessity to remove the trees because of physical damage or threatened damage to improvements or impervious surfaces on the property. Staff Detail Colors and Materials Exterior & Trim Siesta Tan (Behr) Stucco Windows Seista Tan (Anderson) Front Door Rich Brown Stain (Wood) Garage Door Sandstone (Amarr Oak Summit Collection) Roof Village Blend (Eagle Bel Air) Concrete Flat Tile Application PDR14-0022/FER14-0003; 0 Pierce Road /503-18-002 Page 3 of 8 40 notes that 17 trees were recommended for removal by the applicant’s arborist, but the applicant has only applied for nine of those trees to be removed. The applicant will be required to install tree fencing and place a monetary deposit of $11,400 for the remaining trees, and plant replacement trees valuing $12,170 for the trees that are proposed to be removed, prior to building occupancy. CalGreen Standards/Sustainable Features: The project would comply with the required Calgreen standards. Additionally, the home would include elective sustainable features, including but not limited to, incorporating existing mature landscaping with new landscaping, installation of a radiant barrier within the roof sheathing, insulation that exceeds building standards, double-pane windows and doors, and energy star appliances. Second Dwelling Unit: The applicant has proposed an attached second dwelling unit at the rear of the residence. The unit is in compliance with all the development standards of City Code, with the exception of the garage requirement. The applicant has proposed to deed restrict the second dwelling unit to rent to below market rate households. By deed restricting the unit, the garage requirement may be waived, pursuant to zoning code provisions. The applicant has demonstrated an off-street parking pad in order to comply with City Code for deed restricted units. Fence Exception: The applicant has also applied for a fence exception. The proposed fence would act as a soundwall and would start on the northern portion of the property (adjacent to Saratoga- Sunnyvale Road) and would run parallel with the property line heading south, around the corner between Saratoga-Sunnyvale Road and Pierce Road. The fence would then head west parallel to Pierce Road for an approximately 54 foot run The proposed fence would be setback ten feet from the right-of-way line adjacent to Saratoga-Sunnyvale Road and setback approximately one foot from the right-of-way line adjacent to Pierce Road. The fence would be seven feet in height, with an additional foot of lattice, along Saratoga-Sunnyvale Road and a portion of Pierce Road. As the grade increases along Pierce Road, the fence height would eventually drop to six feet, with an additional foot of lattice. The fence would be constructed of wood in a board and batten pattern. The tall fence would terminate by connecting to a shorter three foot wood fence which would continue to run parallel with the property line until it stops at the proposed driveway. Properties along Saratoga-Sunnyvale Road are allowed to install a fence soundwall without a fence exception. The City required the fence exception because a portion of the fence would run along Pierce Road and encroach within the exterior side setback. Staff recommends approval of the fence exception per the findings below, particularly since it serves to reduce sound from the busy street and would be generally well screened by existing and proposed plantings. Neighbor Notification and Correspondence: The applicant has submitted six neighbor notification forms (Attachment 3). On one of those forms, a neighbor had concerns about the driveway location. Staff has concluded that the location of the proposed driveway is the best option since it is as far from the intersection of Pierce Road and Saratoga-Sunnyvale Road as possible. A driveway approach along Saratoga-Sunnyvale Road would be unsafe, due to the amount of traffic on the main thoroughfare and the proximity to the signalized intersection. Application PDR14-0022/FER14-0003; 0 Pierce Road /503-18-002 Page 4 of 8 41 A public notice was sent to property owners within 500 feet of the site. Staff received two additional comment letters (Attachment 4) from the property owners at 12848 Pierce Road and 12881 Pierce Road. The neighbors took issue with the following: • Building height • Second Dwelling Unit • Setback from Pierce Road • Soundwall height and location • Tree removal Staff has summarized the concerns of the neighbors and provided responses below: Building Height – The applicant had previously applied for a 25 foot tall residence. The neighbors’ disagree with any height exception for a single-story residence. Staff informed the neighbors’ that the applicant had not applied for a height exception, because 26 feet is allowed per code. Yet, in order to address the concerns of the neighbors the applicant revised their design and lowered the overall height nine inches. The height was decreased by lowering the wall plate height from 10 feet (previously) to 9 feet, 7 inches in certain areas of the building. This method was used instead of flattening the top of the roof, which is inconsistent with the policies of the City’s Residential Design Handbook. The project proposes a hip roof without any flattened areas. Furthermore, only approximately 5% of the total roof structure is over 22 feet in height. Second Dwelling Unit - The second dwelling unit being proposed is within the building envelope, appearing as a single home, as suggested by one neighbor’s comment letter. Setback from Pierce Road - The residence would be setback from the curb of Pierce Road between 32 and 65 feet, which allows sufficient turnaround access for the project. Staff spoke with Public Works on reviewing the potential access of the property via Saratoga-Sunnyvale Road. Due to the higher traffic volume and location of the traffic signal, the safer option is to have the residence accessed via Pierce Road, as currently proposed, at an adequate distance from the intersection. Soundwall height and location – The applicant had previously submitted a request for an eight foot stucco soundwall within the front and exterior side setback. Due to the neighbors’ concerns, the applicant has modified their plans. The applicant has now proposed a seven foot wood fence with one foot of lattice to act as a soundwall to run parallel to the Saratoga-Sunnyvale Road and a portion of Pierce Road. It’s the hope of the applicant that the modification addresses the concerns of the neighbor while provides the applicant with a sound buffer, but with a softer appearance of the wood fence in lieu of concrete. Furthermore, the applicant has included drought-tolerant shrubs and plants along the outer portion of the fence, to break up the mass of the fence from the public right-of-way view. Staff has included a conditional of approval that requires the property owner file a Landscape Maintenance Agreement with the City to maintain the proposed landscaping. Application PDR14-0022/FER14-0003; 0 Pierce Road /503-18-002 Page 5 of 8 42 Tree Removals - No trees in the public right-of-way are proposed for removal. The site contains over 27 trees. Nine of those trees are to be removed because they are either directly within the building footprint or are in poor health and structure, as demonstrated in the arborist report. This information has been discussed with the neighbors after their letters were received. It should be noted that the comments received were based on the first design. To date, Staff has not received any additional comments regarding the resubmitted project. 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 residence has been proposed on the western portion of the lot, which is the flattest area of the site. The eastern area, closest to Saratoga-Sunnyvale Road, has a steeper slope, and therefore is not appropriate in order to minimize grading and visibility. (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 the applicant has designed the project to retain the maximum amount of trees possible while utilizing and enjoying the property for development when there is no other feasible alternative to the removal. Although the project arborist determined 17 trees met the criteria for removal, per Saratoga City Code, the applicant has only proposed to remove 9 trees that are either in direct conflict with the project location or in poor health and structure. Eight of the 9 trees are “trees of heaven,” not considered a highly desirable species. (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. The proposed residence has been setback from both the front and exterior side property lines to decrease the impacts on community viewsheds from the public right-of-way. The structure height is generally less than 22 feet, but about 5% of the area is up to 24 feet, 3 inches in height. (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 with varying roof lines, the incorporation of eaves and rooflines that are in scale with the residences along Pierce Road, and the design of appurtenances that are in proportion to the overall building form and neighborhood. Application PDR14-0022/FER14-0003; 0 Pierce Road /503-18-002 Page 6 of 8 43 (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. The proposed driveway and walkways are permeable to maximize natural drainage. Existing native landscape would remain in the front setback while new drought-tolerant landscaping would be introduced within the exterior side setback. A soundwall has been proposed along a portion of the exterior lot lines that is complementary with other residences along Saratoga-Sunnyvale and Pierce road. (f) Development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy. The project meets this finding because the proposed location and hip roof design would not impact solar access for adjacent property located west. All other properties located north, east and south are substantially setback from the project location and will be unaffected in regards to solar access. (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 the avoidance of flattening the top of a sloped roof to accommodate height limitations, 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, and selecting materials, colors, and details that enhance the architecture in a well-composed, understated manner. (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 finding is not applicable as the site is not a hillside lot. Fence Exception Findings: The Planning Commission may grant a fence exception as applied for or in modified form, pursuant to City Code Article 15-29.090, if the Planning Commission makes all of the following findings: (a) The subject fence will be compatible with other similar structures in the neighborhood. The project meets this finding as the majority of properties along either Saratoga-Sunnyvale Road or Pierce Road have sound walls or front yard fences that buffer noise and sound from the adjacent street. (b) The entirety of the subject fence will be constructed of materials that are of high quality, exhibit superior craftsmanship, and that are durable. The project meets this finding in that the requested fence would be constructed of wood in a board and batten design, similar to fences along Saratoga-Sunnyvale Road. Application PDR14-0022/FER14-0003; 0 Pierce Road /503-18-002 Page 7 of 8 44 (c) The modification will not impair the integrity and character of the neighborhood in which the fence is located. The project meets this finding in that the wall would continue a theme currently in effect along Saratoga-Sunnyvale Road. The sound wall would not impair the integrity or character of the neighborhood because it would be made of high quality materials that are consistent with the main residence and properties along the main thoroughfare of Saratoga-Sunnyvale Road. The portion of wall that would continue along Pierce Road would be significantly setback from the street and would be buffered by existing and proposed landscaping within the public right-of-way. (d) The granting of the exception will not be detrimental or injurious to the property, adjacent neighbors, or improvements in the general vicinity and district in which the property is located. The project meets this finding because the proposed sound wall is well designed and located in a manner that is not overbearing or insensitive to the neighboring properties. (e) The granting of the exception will not create a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstruct the safe access to and from adjacent properties. The project meets this finding because the wall is substantially setback from both Saratoga- Sunnyvale and Pierce Road, allowing the unobstructed access of vehicle, pedestrian or bicycle traffic currently afforded to the property. 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. Neighbor Notification Forms 4. Letters from Neighbors 5. Storypole Certification Letter – 0 Pierce Road 6. Color Elevation 7. Development Plans (Exhibit "A") Application PDR14-0022/FER14-0003; 0 Pierce Road /503-18-002 Page 8 of 8 45 RESOLUTION NO. 15-001 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION FOR DESIGN REVIEW NO. PDR14-0022 AND FER14-0003 APPROVING A NEW ONE- STORY RESIDENCE AND FENCE EXCEPTION LOCATED AT 0 PIERCE ROAD (APN 503-18-002) WHEREAS, an application was submitted by Nina Tang and Wei Li, in order to build a new 4,711 sq. ft., 24.3 foot tall, one-story residence and seven foot wood fence along Saratoga- Sunnyvale Road and a portion of Pierce Road. Design Review approval is required because the proposed project is new single-story structure over eighteen feet in height. Fence Exception approval is required because the application includes a wall over six feet in height in an exterior side setback area. The foregoing work is described as the “Project” in this Resolution. WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine this project exempt. WHEREAS, on January 14, 2015 & February 11, 2015, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures” of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. Section 3: The project is consistent with the following Saratoga General Plan Policies: Land Use Goal 13 which provides that the City shall use the Design Review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings; Safety Element Site and Drainage Policy 3 which provides that the City shall require that landscaping and site drainage plans be submitted and approved during Design Review for a residence prior to issuance of permits; Land Use Element Goal 10 which minimizes the impact of development proposals in hillside areas by requiring visual analyses and imposition of conditions to prevent or reduce significant visual impacts; 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. 46 Resolution No. 15-001 Page 2 Section 4: The project is consistent with the Saratoga City Code in that the design and improvements are consistent with the design review findings in that the project’s site development follows the natural contours of the site, minimizes grading, and is appropriate given the property's natural constraints; all protected trees shall be preserved, as provided in Article 15- 50 (Tree Regulations) and 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; and 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 view sheds; and the overall mass and the height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood; and the landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape; and the development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy; and the design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055; and that if the project is a hillside lot, that the location and the design of the structure avoid unreasonable impacts to ridgelines, significant hillside features, community view sheds, and is in compliance with Section 15-13.100 of the City Code (not applicable as this is not a hillside lot). Section 5: The project is consistent with the Saratoga City Code in that the Planning Commission may grant an exception to the regulations regarding fences as long as the following findings can be made, which includes that the subject fence will be compatible with other similar structures in the neighborhood; the entirety of the subject fence will be constructed of materials that are of high-quality, exhibit superior craftsmanship, and that are durable; the modification will not impair the integrity and character of the neighborhood in which the fence is located; that granting of the exception will not be detrimental or injurious to the property or adjacent neighbors, or improvements in the general vicinity and district which the property is located; and the granting of the exception will not create a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstruct the safe access to and from adjacent properties. Section 6: The project is consistent with the Saratoga City Code in that nine protected trees that meet the criteria established in Section 15-50.080(a) are being removed, as determined by the City Arborist. Section 7: The City of Saratoga Planning Commission hereby approves PDR14-0022 and FER14-0003, located at 0 Pierce Road (APN 503-18-002), subject to the above Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission this 11th day of February 2015 by the following vote: AYES: NOES: ABSENT: 47 Resolution No. 15-001 Page 3 ABSTAIN: ___________________________________ Pragati Grover Acting Chair, Planning Commission 48 Resolution No. 15-001 Page 4 EXHIBIT 1 CONDITIONS OF APPROVAL PDR14-0022 / FER14-0003 0 PIERCE ROAD (APN: 503-18-002) 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 permit for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent or other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content to the 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 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. 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. 49 Resolution No. 15-001 Page 5 COMMUNITY DEVELOPMENT 5. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated January 22, 2015 denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with Condition 3, above. 6. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department and referenced in Condition No. 5 above; b. A note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the root zone of any Ordinance- protected tree on the site; c. This Resolution printed onto separate construction plan pages; d. A final utility plan that shows location of HVAC mechanical equipment outside of required setback areas; e. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined with the above-required Stormwater Detention Plan; f. A final Landscape and Irrigation Plan; and g. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 7. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public right-of-way. 8. Maintenance of Construction Project Sites. Because this Design Review Approval authorizes a project which requires a Building Permit, compliance with City Code Section 16-75.050 governing maintenance of construction project sites is required. 9. Fences, Walls and Hedges. All fences, walls and hedges not in connection with the proposed fence exception shall conform to height requirements provided in City Code Section 15-29. 10. Final Landscaping and Irrigation Plan. The final landscaping and irrigation plan shall take into account the following: a. To the extent feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that 50 Resolution No. 15-001 Page 6 provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. b. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. c. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. d. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. e. Any proposed or required under grounding of utilities shall take into account potential damage to roots of protected trees 11. Fire Department Requirements. Owner/applicant shall comply with all Fire Department requirements. 12. Noise and Construction Hours. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 13. Front yard landscaping. Front yard landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Department valued at 150% of the estimated cost of the installation of such landscaping shall be provided to the City. 14. Second Dwelling Unit - Deed Restricted. The owner shall restrict the rental of the second unit to only households that qualify as lower, very-low, or extremely-low income households as those terms are defined in the move recent Santa Clara County Housing and Urban Development Program Income Limits or, in the event that the most recent such report is more than five years old, in accordance with the definitions set forth in Health and Safety Code sections 50079.5,50105, and 50106 as those sections exist as of the effective date of this restriction. "Rental" means any agreement whereby the occupant(s) of the second unit make any payment in consideration of said occupancy. THIS CONDITION IS PERMANENT. 15. Landscape Maintenance. The applicant shall landscape and permanently maintain an area parallel to and along the entire exterior side of the wall facing both Saratoga-Sunnyvale Road and Pierce Road. Prior to issuance of the building permit, a landscape maintenance agreement shall be executed by the applicant and recorded in the office of the County Recorder, which agreement shall constitute a covenant running with the land. THIS CONDITION IS PERMANENT. CITY ARBORIST 16. Arborist Report. All recommendations of the Arborist Report dated September 30, 2014 and all other future updated reports, and incorporated herein by this reference shall be followed and incorporated (in its entirety) into the plans. 51 Resolution No. 15-001 Page 7 PUBLIC WORKS 17. Encroachment Permit. The applicant (owner) shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement prior to commencement of the work to implement this Design Review. 52 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REPORT Application No. ARB14-0040 Prepared by Kate Bear, City Arborist Site: 0 Pierce Road Phone: (408) 868-1276 Owner: Nina Tang Email: kbear@saratoga.ca.us APN: 503-18-002 Email:ninatang@yahoo.com Report History: Report 1 Date: Plans received August 26, 2014 Report completed September 30, 2014 PROJECT SCOPE: The applicant has submitted plans to the City to build a new single story house with attached garage on a vacant lot. Nine trees protected by City Code are requested for removal. All meet the criteria allowing their removal and replacement as part of the project. STATUS: Approved by City Arborist to proceed with planning and building review, with attached conditions. PROJECT DATA IN BRIEF: Tree bond – Required - $11,400 For trees 1 – 3, 6, 17, 18 and 21 – 23. Tree fencing – Required – See Conditions of Approval and attached map. Tree removals – Trees 4, 5, 14, 19, 20, and 24 – 27 are permitted for removal with building division permit. Replacement trees – Required = $12,170. For trees 4, 5, 14, 19, 20, and 24 – 27. 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. Nine trees protected by City Code (4, 5, 14, 19, 20, and 24 – 27) are recommended for removal due to their poor health or structure. They meet the City’s criteria allowing them to be removed and replaced as part of the project, once building division permits have been obtained. Attachment 2 contains the tree removal criteria for reference. 1 53 0 Pierce Road Table 1: Summary of Tree Removal Criteria that are met Tree No. Criteria met Criteria not met 4, 5, 14, 19, 20, and 24 – 27 1, 2, 4, 6, 7, 9 3, 5, 8 Replacement Trees: The total appraised value of trees 4, 5, 14, 19, 20, and 24 – 27 is $12,170. New trees equal to this appraised value will be required as a condition of the project. Replacement trees may be planted anywhere on the property. Replacement values for new trees are listed below. 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 The arborist report submitted by David Babby and dated May 14, 2014, once included in the final set of plans, satisfies the requirement for a Tree Preservation Plan under Section 15-50.140 of the City Code. This report shall also be included in the final set of plans on the Tree Preservation sheet. ATTACHMENTS: 1 – Plans Reviewed 2 – Tree Removal Criteria 3 – Conditions of Approval 4 – Map of Site showing tree locations and 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. 2 54 0 Pierce Road Attachment 1 PLAN REVIEW: Architectural Plans reviewed: Preparer: TDH Design Date of Plans: July 2014 Sheet A-1 Cover Sheet and Site Plan Sheet L Landscape Plan Sheet A-2 Floor Plan Sheet A-4 Elevations and Sections Civil Plans reviewed: Preparer: RW Engineering, Inc. Date of Plans: July 16, 2014 Sheet C-1 Grading and Drainage Plan TREE DATA: Preparer: David Babby, Arbor Resources Date of Arborist Report: May 14, 2014 An arborist report was submitted for this project which inventoried 24 trees protected by Saratoga City Code. Although 17 trees are recommended for removal in the report, the applicant has requested the removal of nine. All nine trees were found to have a low suitability for retention due to poor health, poor structure, or because they are an undesirable, short-lived, weedy species. Tree protection recommendations were provided and monetary values of trees were appraised. The designated Project Arborist for this project will be David Babby, unless otherwise approved by the City Arborist. 3 55 0 Pierce Road 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. 4 56 0 Pierce Road Attachment 3 CONDITIONS OF APPROVAL 1. It is the responsibility of the owner, architect and contractor to be familiar with the information in this report and implement the required conditions. 2. The arborist report submitted by David Babby of Arbor Resources and dated May 14, 2014, shall be copied onto a plan sheet, titled “Tree Preservation” and included in the final set of plans. 3. All recommendations in the submitted arborist report shall be conditions of approval for the project. 4. This arborist report shall also be copied on to a plan sheet and included in the final job copy set of plans. 5. Tree Protection Security Deposit a. Is required per City Ordinance 15-50.080. b. Shall be in the amount of $11,400 for tree(s) 1 – 3, 6, 17, 18 and 21 – 23. 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. 6. Tree Protection Fencing: a. Shall be installed as shown on the attached map. b. Shall be established prior to the arrival of construction equipment or materials on site. c. Shall be comprised of six-foot high chain link fencing mounted on eight-foot tall, 2-inch diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10 feet apart. d. Shall be posted with signs saying “TREE PROTECTION FENCE - DO NOT 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. 7. The designated Project Arborist for this project shall be David Babby, of Arbor Resources unless otherwise approved by the City Arborist. 8. The Project Arborist shall visit the site every two weeks during grading activities and monthly thereafter. 5 57 0 Pierce Road Attachment 3 9. The Project Arborist shall be on site to monitor all work within: a. 7 feet of trees 1 and 6 b. 10 feet of trees 21, 22 and 23 c. 14 feet of trees 17 and 18 10. The Project Arborist shall be on site to monitor installation of the: a. Gas line at tree 1 b. Stucco wall at trees 1, 17, 18, 21 and 23, specifically placement of piers and beams. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. Trees 4, 5, 14, 19, 20, and 24 – 27 meet the criteria for removal and may be removed and replaced once Building Division permits have been obtained. 17. 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. 18. New trees equal to $12,170 shall be planted as part of the project before final inspection and occupancy of the new home. 19. 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 20. At least two new trees shall be from 24 inch box containers and reach a height at maturity of 35 feet or more. 6 58 0 Pierce Road Attachment 3 21. The rest of the replacement trees may be of any species and planted anywhere on the property, as long as they do not encroach on retained trees. 22. Only drought tolerant plants that are compatible with oaks are permitted under the outer half of the canopy of oak trees on site. 23. Water loving plants and lawns are not permitted under oak tree canopies. 24. 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. 7 59 1 Attachment 4 Legend Tree Canopy Tree Protection Fencing 0 Pierce Road 2 3 4 5 6 7 8 9 10 11 13 Tree 12 off the bottom left corner of the map on adjacent property. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 8 60 61 62 63 64 65 66 Please find attached my comments regarding proposed development project PDR14-0022 & FER14-0003 / 0 Pierce Road; APN 503-18-002. The owner/applicants came by my house in late summer, showed me the initial plans for the house and asked for my initial comments. At the time, I was not able to review the plans in as much detail as I would have liked but in general approved of the façade of the house. Since then, the proposed plans appear to have changed, in some ways substantially.  Building height: The initial proposal presented was for one single-story residence that was within the City’s height limitations for a single family residence. Given the location of the property and existing residences surrounding the property, I do not feel that the 25 foot tall exception should be granted. This is a residence not a commercial building and which sits on a slight rise and is surrounded by single story houses and one historic house.  Second Dwelling Unit: The initial proposal did not include a second dwelling unit, and I was assured that there was to be one house not two on the property. I would oppose the construction of a second dwelling unit and find that a single residence, perhaps with a slightly larger footprint would be more appropriate for the site.  Setback from Pierce Road: The architectural poles recently erected show the residence being much closer to Pierce Road than the previously proposed plans which showed the structures set further back. I mentioned to the applicants that access to the property from Pierce Road would be difficult. They said that the plans were to set the building far enough back to allow for vehicles to turn around within the driveway so that they could exit facing Pierce rather than backing out. However, the architectural poles seem to have the structure so close to Pierce as to not allow adequate space for turn-around. For this reason, and because of increased potential impacts to pedestrians, bicyclists and other drivers, I have strong reservations about the closeness of the building to Pierce Road.  Sound walls: The property grade at the corner of Pierce and Saratoga-Sunnyvale Road is approximately 4 feet higher than the road grade. For this reason, I feel that a 7’ sound wall along Saratoga-Sunnyvale Road would suffice. An 8’ wall coupled with the removal of trees would result in sound bouncing over the proposed property thus increasing the noise to neighboring properties. As it is, Pierce Road is a very noisy street and anything adding to the noise is of concern to us.  Sound wall along Pierce Road. I do not agree with the exception to allow an 8’ sound wall along Pierce Road, however, would not be opposed to a 6’ wall along a portion of the exterior side setback along Pierce from the intersection with Saratoga-Sunnyvale Road. Installing trees along the perimeter of the property will buffer the noise and suggest requiring adequate setback and installation of trees or other tall landscaping inside the walls.  Tree removal: I assume that no trees within the City’s property fronting the site are proposed for removal and I would be opposed to any removal of the landscaping in the City’s ROW. The owner/applicant mentioned the removal of only one large Oak tree and I told them of my concerns and that I would not agree with this tree’s removal suggesting that it may only need to be trimmed and/or cabled. I would like to see this option explored further. I would also be opposed to the removal of any established oak or redwood trees unless they are directly within in the building’s footprint. I would like to know the species and location of the other trees proposed for removal and reserve my comment until I can view the site plans. I may not be able to attend the public hearing scheduled for January 6th, however, I would like my comments/concerns entered into the public record for the meeting. Thank you. Sincerely Antoinette Romeo 12848 Pierce Road Saratoga, CA 95070 67 68 RW ENGINEERING, INC. Civil Engineers · Land Surveyors 505 Altamont Drive, Milpitas, CA 95035 Tel: (408) 262-1899 Fax: (408) 824-5556 Email: rwengineering@gmail.com January 23, 2015 City of Saratoga – Planning Division 13777 Fruitvale Ave., Saratoga, CA 95070 Re: Story Pole Certification Project Site: 0 Pierce Road, Saratoga, California APN: 503-18-002 Dear Sir: We have surveyed the story poles located at 0 Pierce Road. Based on our survey, I certify that story poles located on the above-referenced site are in substantial conformance with the design, height and location shown on the plans submitted for Planning Application. For additional information, please contact me at (408) 262-1899. Feel free to contact me if you have any questions. Sincerely Yours, Robert Wang, PE, PLS 69 70 71 72 73 74 75 76 REPORT TO THE PLANNING COMMISSION Meeting Date: February 11, 2015 Application: Design Review PDR14-0016 / Use Permit CUP14-0004 / Tentative Map SUB14-0002 Location / APN: 12260 Saratoga-Sunnyvale Road 386-30-035 Owner / Applicant: Anwar Awad / West Valley Muslim Association Staff Planner: Christopher Riordan SITE 12260 Saratoga-Sunnyvale Rd. SUMMARY ZONING GENERAL PLAN DESIGNATION Commercial Visitor (CV) Commercial Retail (CR) PARCEL SIZE 52,311 square feet PROJECT DESCRIPTION: The proposed project includes the construction of the following: • One commercial / retail building, approximately 2,297 sq. ft. in size and 20 feet in height. • Twelve attached townhomes, each approximately 26 feet in height, with square footages ranging in size from approximately 2,833 – 2,856 square feet. The applicant is requesting design review approval for the commercial and residential buildings, conditional use permit approval for mixed-use development, and tentative map approval for a subdivision. STAFF RECOMMENDATION: Approve Resolution No. 15-004 approving the project subject to conditions of approval. PROJECT DATA: The following project data table separates the project into two categories: Category 1 applies to the commercial building and how it conforms to the prescribed C-V zoning standards and Category 2 applies to the residential townhouses and how they conform to the prescribed Residential Multi-Family (R-M) zoning standards. C-V Zoning (Category 1) Site Area: 10,230 sq. ft. Proposed Allowable / Required Structure Coverage Building Footprint TOTAL Site Coverage 2,297 sq. ft. 2,297 sq. ft. (22.4%) Maximum Allowable 6,138 sq. ft. (60%) Setbacks Front (West): 76-0’ 10’ Rear (East): 380-0’ 36’ Left Side (South): 16’-4” 15’-8” Right Side (North): 16’-1” 15’-8” 2 C-V Zoning (Category 1) Site Area: 10,230 sq. ft. Proposed Allowable / Required Height 99.95’ Maximum Allowable Lowest Elevation Point: Highest Elevation Point: 99.13’ 119.54’ (20 feet) Average Elevation Point: 99.54’ Proposed Topmost Point: 119.21’(19’-8”) R-M Zoning (Category 2) Site Area: 42,081 sq. ft. Proposed Allowable / Required Structure Coverage Building Footprint TOTAL Site Coverage 16,713 sq. ft. 16,713 sq. ft. (39.72%) Maximum Allowable = 16,832 sq. ft. (40%) Setbacks Front (West) Rear (East) Left (South) Right (North) 1st Floor 117’-0” 38’-10” 17’-0” 27’-0” 2nd Floor 117’-0” 38’10” 17’-0” 27’-0” 1st Floor 25’-0” 25’-0” 16’-10.5” 16’-10.5” 2nd Floor 25’-0” 25’-0” 16’-10.5” 16’-10.5” Height (Units 1 – 4) 97.35’ Maximum Height = Lowest Elevation Point: Highest Elevation Point: 99.06’ 128.205’ (30’) Average Elevation Point: 98.205 Proposed Topmost Point: 124.625 (26.42’) Height (Units 5 – 8) 96.75’ Maximum Height = Lowest Elevation Point: Highest Elevation Point: 97.76’ 127.225’ (30’) Average Elevation Point: 97.225 Proposed Topmost Point: 123.645’(26.42’) Height (Units 9 – 12) 96.09’ Maximum Height = Lowest Elevation Point: Highest Elevation Point: 96.66’ 126.375’ (30’) Average Elevation Point: 96.375 Proposed Topmost Point: 122.795’ (26.42’) Per the table above, the proposed project conforms to the building coverage, setback, and height requirements for the C-V and R-M zoning districts, as required per the Mixed-Use Development standards. 3 PROJECT APPROVALS This project includes applications for the following approvals: Design Review Pursuant to City Code Section 15-46.020(a)(1), any new structure or structures within a commercial zoning district requires design review approval from the Planning Commission. This includes the multi-family residential portion of the project. Conditional Use Permit Pursuant to City Code Section 15-19.040(b)(2), any project that includes mixed-use development requires conditional use permit approval. The applicant has not identified tenants for the proposed commercial spaces at this time. Tentative Map Pursuant to City Code Section 14-20.060, the Planning Commission shall conduct a public hearing on an application for tentative subdivision approval. The applicant is requesting a 13-lot residential and commercial subdivision (one parcel for commercial use and 12 for residential townhomes). SITE AND PROJECT CHARACTERISTICS Existing Site Description Previous uses of the site included light industrial and commercial. All buildings on the site have been removed with the exception of the concrete foundations. Adjacent uses include a commercial/residential project which is under construction on the adjacent property to the north at 12250 Saratoga-Sunnyvale Road. That project is similar to the proposed project and includes 12 townhomes that are 25’-10” in height and a commercial building at the front that is 19’-10” in height and was approved by the Planning Commission in December 2013. The Commission’s approval was appealed by an adjacent neighbor and the City Council denied the appeal and approved the project in March 2014. Additional adjacent uses include single family homes to the east and a two story office condominium building on the property to the south. Commercial businesses are located on the opposite side of Saratoga-Sunnyvale Road. The site is zoned Commercial - Visitor (C-V) and the net lot size is approximately 1.20 acres. Building Design- Commercial Building The proposed commercial building has been designed to complement existing commercial structures, and the adjacent commercial building under construction at 12250 Saratoga- Sunnyvale Road, with respect to building height and architectural features. The front of the building would include two 17 feet tall entry elements with stone cladding, a stucco exterior with a 4.5 foot tall stone wainscot and double arched windows at the front and side elevations. The rear elevation will be stucco and the mansard roof will be covered with terracotta barrel tiles. 4 Building Design- Residential Building The exterior of the proposed townhomes would include a stone wainscot and horizontal fiber-cement siding for the first floor and stucco for the second floor. Architectural projections would include balconies with wrought iron railings. Additional architectural details would include wood shutters, exposed wood beams, wood trellises, both square and arched windows, and low-pitched gabled roofs. The mass of the buildings would be broken up with varying rooflines, second story architectural projections, and a variety of exterior materials and colors. The back elevation of the rear most unit (Unit 12) [sheet A-14 of the development plans) has been modified to respect the privacy concerns of the adjacent residential neighbors. This includes both clerestory windows and windows with their lower half obscured. The balconies on both the north and south elevations include solid walls to minimize casual views into the adjacent residential properties. Planning Commission Study Session The Planning Commission previously reviewed the project during an October 2014 study session. The Planning Commission was generally supportive of the project and provided the following project related comments: • Provide a view study which illustrates the sight lines from the rear townhouse unit to the adjacent residences; • The architectural style for the commercial building could be more creative; • A wall should be constructed along the rear property line which is consistent with the wall that was required for the adjacent project under construction; • Consider landscaping to address the privacy impacts on the adjacent residential properties; • Project lighting should be minimized; • Landscaping at rear property line should be planted prior to project completion to maximize opportunity for growth and screening. During City Council’s review of the adjacent mixed-use project on appeal, the City Council required that the rear most residential townhome have an increased rear second story setback to reduce the privacy impact on the adjacent single-family residential properties. The Planning Commission discussed this during the Study Session and there was lack of consensus to require this for the subject project because the proposed 38’-10” second story rear setback for the proposed project exceeds the 30 feet rear second story setback of the adjacent project prior to City Council review. An exhibit indicating the sight lines from the proposed project into the rear yards of the adjacent residential properties is included as Sheet A17 of the Development Plans (Attachment 7). 5 Exterior Materials Detail Colors and Materials Building Ext. Commercial Tan colored stucco Brown colored “ledgestone” Residential Bldgs. 1 & 3 – Dark Tan colored stucco and white colored trim and windows. Bldgs. 2 & 4 – Light Tan colored stucco and white colored trim and windows. Additional colors include red colored trellises and exposed beams and black colored wrought iron railings Windows Commercial Aluminum storefront windows with black trim Residential Vinyl windows with white trim Roofing Commercial Terracotta barrel tiles - brown Residential Terracotta barrel tiles – blend of brown, red, and tan Accents /Entry Brown “Eldorado” stone veneer (both buildings) Saratoga Gateway Design Guidelines The proposed project is consistent with the objectives and the principles of the Saratoga- Sunnyvale Road Gateway Design Guidelines (Gateway Guidelines), such as allowing the incorporation of residential uses to increase diversity in Saratoga’s housing stock (Goal D), preserving and protecting Saratoga’s pedestrian-friendly environment and enhancing the quality of life by encouraging Commercial activity in the Gateway districts (Goal A, B), and promoting and encouraging housing provisions consistent with the General Plan for resident employees of the City of Saratoga businesses and service providers (Goal D). A table documenting conformance with the Gateway Guidelines is included as Attachment 2. Landscaping A landscape plan for the common areas is included as Sheet L1 of the Development Plans and represents 4,467 square feet or 8.5% of the project overall site area. This plan indicates that the three existing Chinese Pistache trees near the front property line between the sidewalk and the parking lot are to remain. Additional plants in this area would include bushes and flowering groundcovers. Landscaping between the buildings would include bushes and trees including Crape Myrtles and Laurel trees. 6 New landscaping along the rear property line would include the one Yew pine and numerous shrubs and hedges including Carolina laurel and Pittosporum to enhance the privacy of the adjacent residential properties. Yew Pines can grow up to 50’ in height and 25’ in width, while Carolina Laurel and Pittosporum can grow 15 – 20’ in height and 6 – 8’ in width. The proposed landscape plan does not indicate the existing pine trees located along the rear property line; however, the applicant intends to maintain these trees and incorporate them into the project’s overall landscaping. Items which influence placement and variety of the tree and shrubs include the proposed bio-retention area as well as the utility easements (i.e. power lines) located across the rear of the site. A condition of approval (#17) has been added to require coordination of tree protection and an arborist’s report with the City Arborist prior to building permit submittal. The applicant has agreed to coordinate with the adjacent property owners located on the opposite side of the rear property line regarding alternative species of landscaping to satisfy the privacy request of these neighbors. The applicant has also agreed to install the landscaping in this area at the earliest possible time prior to project completion. A condition requiring this coordination with neighboring property owners has been added as a condition of approval. Parking and Vehicular Access Access to the site would be from a shared driveway with the adjacent mixed-use project at 12250 Saratoga-Sunnyvale Road that is currently under construction. This driveway is 22 feet wide and would be located along the entire length of the northern property line separating the two projects. This driveway would provide vehicular access to the proposed parking spaces for both retail buildings as well as to all the residential parking on both sites including the enclosed garages. The access easement between the two properties was recorded prior to the building permit being issued for the adjacent mixed-use project. The project would require a total of 42 parking spaces. The commercial and residential uses have separate parking requirements. Parking ratios per City Code are shown below: • Commercial- One space for each two hundred square feet of floor area. • Multi-Family Residential - One covered space within a garage for each dwelling unit, plus one and one-half additional spaces on the site for each dwelling unit. The retail use requires that the project include 12 parking spaces which would be included in a parking lot located in front of the retail building adjacent to Saratoga-Sunnyvale Road. The residential use requires that 30 spaces be provided. This includes 12 spaces within enclosed garages and an additional 18 spaces on site for residents and guests. A total of 45 parking spaces are provided on site which includes 12 spaces within enclosed garages for the residential uses. The project was reviewed by the City’s Traffic Engineer. The project is estimated to generate 11 a.m. peak hour trips and 15 p.m. peak hour trips which is less than the 25 peak hour trips necessary to require a Traffic Impact Analysis. The traffic engineer further evaluated the traffic circulation pattern associated with the proposed project and the cumulative traffic 7 associated with the mixed use project under construction at 12250 Saratoga-Sunnyvale Road and the existing Saratoga Star Aquatics Swim Center located at 12230 Saratoga-Sunnyvale Road, and determined that no traffic operational issues or safety concerns associated with the project are anticipated. The Traffic Engineer did make the following project related onsite recommendations which have been incorporated into the conditions of approval. • The project should include one Class 2 bicycle parking space (Class 2 parking facilities include bicycle racks to which the frame and at least one wheel can be secured with a user-provided lock). • Stop signs should be installed from the parking lot to the shared driveway. • Include a double yellow center line on the shared driveway from the sidewalk for about 20-25 feet to the parking lot entrances. Energy Efficiency Per City Code Section 16-47, all new commercial buildings are required to incorporate energy efficient or “green” measures into their design. The energy efficient measures included in the project would include: • Permeable paving; • Exceeding California Energy Code requirements by 15%; • Electric vehicle charging stations for each residential building; • Energy Star certification for at least 90% of building lighting. The completed CalGreen Checklist is included as Attachment 4. Outdoor Open Space The applicant would include private rear yards for each of the residential uses, which meets the requirement of private, usable space, per the Mixed-Use Development Standards within the City Code. The total amount of the site set aside for private open space is 8,336 square feet. Furthermore, the owner shall be required to pay a fee to the City in lieu of dedicating land for park use. This fee is referred to as a “Park In-Lieu Fee,” and has been calculated as $20,700 per residential unit. Neighbor Notification Public notices for this project were sent to all property owners within 500 feet of the site for last October’s Planning Commission Study Session and again for the subject public hearing. Adjacent neighboring property owners attended the October 2014 Study Session and had an opportunity to review the project and ask questions of the applicant. Staff has exchanged emails and met with adjacent neighboring property owners on more than one occasion to discuss the project and to review proposed plans. The public hearing notice and description of the project was published in the Saratoga News. Staff did receive project related written comments from tenants of the adjacent two-story office building located to the south at 12280 Saratoga-Sunnyvale Road which have been included as Attachment #5. Their concerns are related to the project’s potential impacts on privacy to 8 individual offices and possible loss of sunlight due to shadowing. The comments also included requested design modifications such as: - Increased side setback; - Reduced building mass facing the office building; - Additional landscaping to provide privacy screening; - Reduction in the number of windows facing the office building; and - Modification of the roof design to reduce mass. Staff believes that the proposed setbacks are consistent with similar adjacencies with office uses on other properties. Mixed-Use Development Standards All mixed-used developments must meet the following standards contained in Article 15-58 of the City Code: a) The proposed density does not exceed 20 dwelling units per net acre. b) Only commercial uses may be located on the ground floor abutting a street. Dwelling units may be located in all other portions of the structure or site. c) The additional findings can be made for projects where the residential floor area exceeds 50% of the total floor area of the project. These additional findings can be found within the Design Review Findings below. d) The project meets the parking requirement established by City Code. e) Proposed fencing complies with the maximum height standards. f) Each dwelling unit has a private, usable outdoor space. g) The maximum height of a mixed-use structure shall be as it is stated in the underlying zoning district. There are not mixed-use structures in the project. h) The overall site coverage is within the coverage limits of the applicable zoning district. i) A concrete block wall along the rear property line is proposed which would match the 8 foot wall that will be constructed as part of the adjacent project at 12250 Saratoga-Sunnyvale Road and new landscape screening that includes trees and hedges to help protect the privacy of abutting single-family residential land uses. j) The project is multi-story and has been designed to provide adequate privacy protection to the adjacent neighbors. Design features include partially obscure glass, clerestory windows, and screened balconies on the left (rear) elevation of Unit #12. k) The project applicant will be required to pay a park-in-lieu fee, established pursuant to Section 14-25.080 of the City Code. The project applicant has met all of the above requirements. 9 DESIGN REVIEW FINDINGS The findings required for issuance of a Design Review Approval pursuant to City Code Section 15-46.040 are set forth below and staff believes that the Applicant has met the burden of proof to support making all of those required findings: (a) Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color and appurtenances. The proposed project includes structures with similar architectural features such as barrel tile terracotta roofing, wrought iron railing, wood trellises, and consistent exterior façade finishes such as stucco and stone details with earth tone colors. The project includes varying roof forms, new landscaping, and a similar building footprint and height as nearby commercial and residential buildings, both existing and under construction, located along Saratoga-Sunnyvale Road. These factors help to create a harmonious affect along the Saratoga Gateway. This finding can be made in the affirmative. (b) Where more than one sign will be erected or displayed on the site, the signs shall have a common or compatible design and locational positions and shall be harmonious in appearance. The proposal does not include any signage. Future signage will be required to meet the City sign code requirements and the Saratoga-Sunnyvale Gateway Design Guidelines. This finding can be made in the affirmative. (c) Landscaping shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use of water-conserving plants, materials and irrigation systems to the maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly spaced. The proposed landscaping includes a variety of drought tolerant plants, trees and bio retention turf. Plants have been selected for their variety of color, texture and aesthetics as illustrated in the proposed landscape plan. This finding can be made in the affirmative. (d) Colors of wall and roofing materials shall blend with the natural landscape and be nonreflective. The wall colors and roofing materials would blend with the natural landscape because the proposed color tones are different shades of browns, beiges and grays, which are within a similar color spectrum as nearby commercial and residential properties, both existing and under construction, along Saratoga-Sunnyvale Road. This finding can be made in the affirmative. (e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as composition as approved by the Planning Commission. No mechanical equipment shall be located upon a roof unless it is appropriately screened. The proposed project would include a barrel tile terracotta roof. The proposed roof is non-reflective and is a blend of brown and red tones. No rooftop mechanical equipment is proposed that would be visible from offsite. This finding can be made in the affirmative. (f) The proposed development shall be compatible in terms of height, bulk and design with other structures in the immediate area. The proposed project would be compatible with other developments along Saratoga-Sunnyvale Road. The nearby area is comprised of two-story commercial and residential structures with similar heights. The adjacent project 10 under construction at 12250 Saratoga Sunnyvale Road is similar to the proposed project in that it too has a front facing commercial building and twelve two story townhomes at its rear. The height of the adjacent project is 25’-10” and the proposed project is 26’-5”. This finding can be made in the affirmative. Furthermore, the Planning Commission must make the following findings because the residential floor area exceeds 50 percent of the total floor area of all buildings onsite. The findings are as follows: (1) That the proposed location of the mixed-use is in accord with the objectives of the Zoning Regulations and the purposes of the district in which the site is located. The proposed location is within a commercial district that allows mixed-use development as a conditionally permitted use. Furthermore, mixed-use residential development in commercial zoning districts is consistent with implementation of the General Plan and Housing Element. This finding can be made in the affirmative. (2) That the proposed location of the mixed-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. The project includes commercial and residential dwelling units within a commercial zoned district. The project is similar to mixed-use projects within the immediate area. The operation and maintenance of either use would not be detrimental to the public health, safety and welfare of the properties in the vicinity in that both uses are already established in existing commercial districts. (3) That the proposed mixed-use will comply with each of the applicable provisions of this Chapter. This finding can be made because appropriate conditions have been placed on the proposed conditional use to ensure compliance to City Code requirements. This finding can be made in the affirmative. (4) That the proposed mixed-use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. This finding can be made because the City currently has multiple commercial/residential developments within the immediate neighborhood. The project proposes density and uses similar to nearby properties, most specifically, the property located across Saratoga-Sunnyvale Road as well as the adjacent project at 12250 Saratoga- Sunnyvale Road. CONDITIONAL USE PERMIT FINDINGS The findings required for issuance of a Conditional Use Permit Approval pursuant to City Code Section 15-55.070 are set forth below and staff believes that the Applicant has met the burden of proof to support making all of those required findings: (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. This finding can be met because the proposed commercial use and mixed-use residential 11 are both already are existing within the Commercial-Visitor (CV) zoning districts. Both uses have been evaluated and it has been determined that adequate off-street parking and loading areas are sufficient. This finding can be made in the affirmative. (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. This finding can be met because the project has been reviewed and conditioned by the required agencies and departments. The proposed development would not be detrimental to public safety, as it will comply with all applicable local and state regulations. This finding can be made in the affirmative. (c) That the proposed conditional use will comply with each of the applicable provisions of this Chapter. This finding can be made because appropriate conditions have been placed on the proposed conditional use permit to ensure compliance to City Code requirements. Any intensification of the proposed conditional use would require an amended Conditional Use Permit application. This finding can be made in the affirmative. (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. This finding can be made because the project has been analyzed for adverse effects and it has been determined that the project can provide sufficient off-street parking and will not result in additional traffic impacts, or any additional adverse effects on existing or anticipated uses. This finding can be made in the affirmative. ALTERNATIVE STANDARDS FOR MULTI-FAMILY DWELLINGS When multi-family dwellings are proposed to be located upon a site within the CV zoning district, the Planning Commission must apply for such dwellings the development standards set forth in Article 15-19 of the City Code. The density of development shall be as determined in each case by the Planning Commission, based upon its finding that: (1) The project will not constitute overbuilding of the site. This finding can be made because the project has met all zoning requirements associated with the site, such as setbacks, building height, site coverage, and required off-street parking. This finding can be made in the affirmative. (2) The project is compatible with the structures and density of development on adjacent properties. This finding can be made because the project is consistent with structures and the development of adjacent properties. For example, the adjacent project under construction at 12250 Saratoga-Sunnyvale Road has 12 units per acre and is 25’-10” in height. The project, as proposed, is 12 dwelling units per acre with structures no taller than 26’-5” in height. This finding can be made in the affirmative. (3) The project will preserve a sufficient amount of open space on the site. This finding can be made because the project, as proposed, would dedicate approximately 11% of the site to landscaping. Furthermore, per City Code Section 14.25.080, the applicant shall pay 12 a fee to the City in lieu of dedicating open space land in the amount of $20,700 per dwelling unit. This finding can be made in the affirmative. (4) The project will provide sufficient light and air for the residents of the site and the occupants of adjacent properties. This finding can be made in the affirmative as the project, as designed, includes private rear yards for all of the dwelling units. These open areas would allow the residents of the site sufficient access to light and air. Furthermore, the applicant has met the setback requirements established by City Code, which will provide sufficient light and air for occupants of adjacent properties. This finding can be made in the affirmative. TENTATIVE MAP FINDINGS The findings required for issuance of a Tentative Map Approval pursuant to City Code Section 14-20.070 are set forth below. The Planning Commission shall not approve any tentative map or building site if the applicant is unable to meet any of the following specific conditions: (1) That the proposed map or building site is not consistent with the General Plan and any applicable specific plan. The proposed map and building site are consistent with the General Plan and Saratoga-Sunnyvale Road Gateway Guidelines, as the project would provide the opportunity for offices and service establishments to concentrate for the convenience of the public and in mutually beneficial relationship to each other while promoting a stable, attractive mixed use commercial and residential development. (2) That the design or improvement of the proposed subdivision or building site is not consistent with the General Plan and any applicable specific plan. The proposed subdivision has been designed to meet the requirements of Chapter 14 and Chapter 15 of the City Code, which reflects the policies of the General Plan and Saratoga. The project design includes commercial and residential uses within a commercial district, which can be conditionally approved per the City Code. (3) That the site is not physically suitable for the type of development proposed. The proposed site is physically suitable for commercial and residential development because the lot is located within a commercial district and accessible to all required utilities. (4) That the site is not physically suitable for the proposed density of development. The proposed site is physically suitable for the proposed density because, per City Code, mixed- use developments are allowed to have up to 20 units per acre. The adjacent project at 12250 Saratoga-Sunnyvale Road has 12 units per acre. (5) That the design of the subdivision or building site or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed project would not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the project site is within an urban area and not located near wildlife habitat. (6) That the design of the subdivision or building site or type of improvements is likely to 13 cause serious public health or safety problems. The design of the subdivision meets all local requirements and standards and would not cause public health or safety problems. (7) That the design of the subdivision or building site or type or improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision or building site. In this connection, the advisory agency may grant tentative approval if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the advisory agency to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision or building site. The design of the subdivision would not conflict with existing easements, but rather, will result in the continuation and beautification of a pedestrian path along Saratoga-Sunnyvale Road. (8) That a proposed subdivision of land which is subject to a contract executed pursuant to the California Land Conservation Act of 1965 (The "Williamson Act") will result in the creation of parcels of insufficient size to sustain their agricultural use, except as otherwise provided in Government Code Section 66474.4. The property within the proposed project is not agricultural land and is not in contract pursuant to the California Land Conservation Act of 1965, also known as the “Williamson Act”. (9) That the discharge of waste from the proposed subdivision or building site into an existing community sewer system would result in violation of existing requirements prescribed by a State regional water quality control board pursuant to Division 7 (commencing with Section 13000) of the State Water Code. The project includes a Stormwater Pollution Prevention Plan (SWPPP) that incorporates microdetention in landscaping, appropriate maintenance and storm drain labeling, and bioretention areas to be constructed onsite. These site design and source control measures will assist in proper disposal of waste; therefore the project would not violate the existing requirements prescribed by the State Regional Water Quality Control Board regarding discharge. ENVIRONMENTAL DETERMINATION: The project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to Section 15332 of the Public Resources Code. Section 15332 exempts from environmental review “projects characterized as in- fill development meeting conditions, such as, conformance with the applicable general plan designation and all general plan policies, zoning designation, and regulations.” The project is proposing new construction of one commercial building and twelve residential buildings (a total of thirteen buildings) all within an urbanized area, consistent with the general plan, zoning policies and regulations. The project applicant has not requested any variances or exceptions for the proposed approvals. ATTACHMENTS: 1. Resolution of Approval – 12260 Saratoga-Sunnyvale Road 2. Gateway Guidelines Consistency Table 3. Story Pole Certification Letter 4. CalGreen Checklist 14 5. Comments from adjacent neighbors 6. Public hearing notice, mailing addresses, and map for project notification 7. Reduced Plans, Exhibit "A” 15 Attachment 1 RESOLUTION NO. 15-004 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING DESIGN REVIEW (PDR14-0016), CONDITIONAL USE PERMIT (CUP14- 0004), AND TENTATIVE MAP (SUB14-0002) LOCATED AT 12260 SARATOGA-SUNNYVALE ROAD WHEREAS, an application was submitted by West Valley Muslim Association, which requests Design Review approval to construct one commercial building and 12 residential townhomes, Conditional Use Permit approval for mixed-use development within the Commercial- Visitor (CV) zoning district, and a Tentative Subdivision Map approval to create 12 residential townhomes. The foregoing work is described as the “Project” in this Resolution; and WHEREAS, the limits of ownership, whether residential or commercial space, will be defined on the condominium plan (a part of Covenants, Conditions and Restrictions (CC&R)) that will be prepared together with the tract map and recorded concurrently for the twelve residential townhomes; and WHEREAS, a Maintenance Association will be formed to maintain both land and the buildings; and WHEREAS, on February 11, 2015, 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 Section 15332 of the Public Resources Code. Section 15332 allows “projects characterized as in-fill development meeting conditions, such as, conformance with the applicable general plan designation and all general plan policies, zoning designation, and regulations”. The project is proposing new construction of one commercial building and twelve residential buildings (a total of thirteen buildings), all within an urbanized area, consistent with general plan, zoning policies and regulations. The project applicant has not requested any variance or exception for the proposed entitlements. Section 3: The project is consistent with the Saratoga General Plan Goals LU 2 in that the City shall encourage the economic viability of Saratoga’s existing commercial and office areas and their accessibility by residents, taking into account the impact on surrounding residential areas. Section 4: The project is consistent with the Saratoga City Code regarding Design Review findings in that the project will incorporate architectural features and landscaping that are harmonious to the existing commercial neighborhood, in that the landscaping shall integrate water- 78 Resolution No. 15-004 conserving plants, materials and irrigation systems to the maximum extent feasible, in that the project will incorporate colors of wall and roofing materials to blend with the natural landscape and be non-reflective, and that the proposed development shall be compatible in terms of height, bulk and design with other structures in the immediate area. Section 5: The project is consistent with the Saratoga City Code regarding Conditional Use Permit findings in that the project 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, 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, the proposed conditional use will comply with each of the applicable provisions of Chapter 15 of the Saratoga City Code, and 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. Section 6: The City of Saratoga Planning Commission hereby approves applications PDR14-0016, CUP14-0004, and SUB14-0002, for the project located at 12260 Saratoga-Sunnyvale Road, subject to the Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 11th day of February 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Pragati Grover Chair, Planning Commission 79 Resolution No. 15-004 Exhibit 1 CONDITIONS OF APPROVAL 12260 SARATOGA-SUNNYVALE RD CONDITIONS OF APPROVAL A. GENERAL 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 the Community Development Director. 2. 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. 3. 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). 4. 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. 5. 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 City Attorney. 80 Resolution No. 15-004 COMMUNITY DEVELOPMENT 6. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated January 23, 2015 denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with Condition No. 4, above. 7. 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 and referenced in Condition No. 6 above; b. A note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the root zone of any Ordinance-protected tree on the site; c. This signed and dated Resolution printed onto separate construction plan pages; d. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 8. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public right-of-way. 9. Maintenance of Construction Project Sites. Because this Design Review Approval authorizes a project which requires a Building Permit, compliance with City Code Section 16- 75.050 governing maintenance of construction project sites is required. 10. Intensification of Medical Use. Any expansion of the conditional uses shall require approval of an amended Conditional Use Permit. 11. Noise Levels. All noise levels will comply with Saratoga Municipal Code (SMC) Section 7- 30.040 regarding noise standards and SMC Section 7-30.060 regarding exceptions to special activities. 12. Home Owner’s Association. Prior to Final Map approval, the owner/applicant shall be required to create and establish an owner’s association or other entity which will be in charge of operation and maintenance of the project, including the commercial and residential portion, in perpetuity which would include both the commercial. Furthermore, the owner/applicant will be required to submit proof, acceptable to the City of Saratoga, that such entity has been established. 13. Bike Racks. The project should include one Class 2 bicycle parking space (Class 2 parking facilities include bicycle racks to which the frame and at least one wheel can be secured with a user-provided lock). 81 Resolution No. 15-004 14. Fencing. A concrete wall shall be installed along the rear property line which is consistent with the existing concrete wall at 12280 Saratoga-Sunnyvale Road. 15. Site Circulation: Stop signs are to be installed from the parking lot to the shared driveway. A double yellow line shall be installed at the shared driveway from the sidewalk to the parking lot entrances. 16. Landscaping: The applicant shall coordinate with the adjacent residential neighbors regarding the specific selection of shrubs and trees to be planted adjacent to the rear (eastern) property line for the purpose of enhancing privacy. The agreed upon list of shrubs and trees shall be approved by the City Arborist and is to be included on the landscape plan submitted for building permit. The landscaping adjacent the rear property line shall be planted at the earliest possible time prior to project completion. 17. Final Map: The final map shall be approved and recorded prior to building permit issuance. CITY ARBORIST 18. Existing Trees. The applicant intends to maintain the existing Chinese Pistache street trees and the pine trees along the rear (eastern) property line as part of the project. A tree protection plan and arborist report for these trees shall be reviewed by the City Arborist prior to issuance of building permits. Any conditions of the Arborist approval related to fees or deposits for tree protection or replacement shall be met prior to submittal of a building permit or during construction, as required. PUBLIC WORKS 19. Property Survey. Prior to submittal of the Final Map to the Public Works Department 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 Public Works Department, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. 20. Submittal Requirements. 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 Public Works Department 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. One copy of map checking calculations. b. Preliminary Title Report for the property dated within ninety (90) days of the date of submittal for the Final Map. c. One copy of each map referenced on the Final Map. d. One copy of each document/deed referenced on the Final Map. 82 Resolution No. 15-004 e. One copy of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the Public Works Department. 21. Map Checking Fees. The owner (applicant) shall pay a Map Checking fee, as determined by the Public Works Director, at the time of submittal of the Final Map for examination. 22. Monuments. 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 setting of interior monuments to a specified later date, then sufficient security as determined by the Public Works Director shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. 23. Encroachment Permit Requirement. The owner (applicant) shall obtain an Encroachment Permit from the City of Saratoga for any and all improvements in the City right-of-way or City easement prior to commencement of the work. The owner (applicant) shall replace sections of sidewalk and/or curb and gutter as determined during the Encroachment Permit issuance. 24. Dedication. 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, prior to Final Map approval. Private Storm Drain Easement(s) shall be shown on the Final Map for areas with proposed storm drain system(s). 10-foot wide Public Service Easement shall be shown on the Final Map along Saratoga-Sunnyvale Road property frontage. 25. Utilities. Prior to Final Map approval, the owner (applicant) shall furnish the Public Works Department 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. 26. Permits. 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 the Public Works Department. 27. Park and Recreation Fee. The owner (applicant) shall pay the applicable Park and Recreation Development fees prior to Final Map approval. 28. Best Management Practices. 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. 29. Engineered Improvement Plan. The owner (applicant) shall submit engineered improvement plans to the City Engineer in conformance with the approved Tentative Map and in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the City Engineer and the appropriate officials from other public agencies having jurisdictional 83 Resolution No. 15-004 authority, including public and private utility providers, prior to approval of the Final Map. 30. Subdivision Improvement Plan Fee. The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee, as determined by the Public Works Director, at the time Improvement Plans are submitted for review. 31. Improvement Agreement. The owner (applicant) shall enter into an Improvement Agreement with the City in accordance with Section 14-60.010 of the Municipal Code prior to Final Map approval. 32. Improvement Securities. The owner (applicant) shall furnish Improvement Securities in accordance with Section 14-60.020 of the Municipal Code in the manner and amounts determined by the Public Works Director prior to Final Map approval. 33. Indemnification. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance coverage, in accordance with Section 14-05.050 of the Municipal Code, prior to Final Map approval. 34. Stormwater Treatment. The owner/applicant shall provide the Director of Public Works with a plan describing how owner/applicant will implement all Best Management Practices (BMPs) and other measures required to reduce the stormwater runoff impacts of the project, as described in and required by the City's NPDES Municipal Regional Stormwater Permit, Order R2-2009-0074 (as amended by Order R2-2011-0083) (“NPDES Permit”). The measures included in this plan shall include, but are not limited to, construction site control measures, plans for storm drain stenciling, and landscaping measures. This plan must be approved by the Director of Public Works prior to final map approval. The owner/applicant shall enter into a Stormwater Maintenance Agreement, which shall contain all of the provisions required by the NPDES Permit and provide a funding mechanism(s), satisfactory in form and content to the Director of Public Works, to ensure permanent funding for the maintenance of the stormwater treatment systems or hydro modification controls developed on the property as well as inspection and reporting. Upon owner/applicant's request, the City will initiate proceedings to create an assessment district, which, if approved, shall be a satisfactory funding mechanism for this maintenance, inspection, and reporting. 35. Landscape/Lighting District. The Property is included in existing Landscape and Lighting Assessment District No. 1. Landscape and Irrigation plans for the property frontage along Saratoga-Sunnyvale Road shall be submitted as part of the Improvement Plans. 36. NPDES Permit. Prior to beginning of construction, the applicant shall file a Notice of Intent (NOI) with the Regional Water Quality Control Board, if required, to obtain coverage under the State General Construction Activity NPDES Permit. Satisfactory evidence of the filing of the NOI shall be furnished to the City. The applicant shall comply with all provisions and conditions of the State Permit, including preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP), if required. Copies of the SWPPP shall be submitted to the City prior to beginning of construction and maintained on site at all times during construction. 84 Attachment 2 1 Project Consistency with Applicable Saratoga-Sunnyvale Road Design Guidelines 12260 Saratoga-Sunnyvale Road (PDR14-0016 / Use Permit CUP14-0004 / SUB14-0002) Design Guidelines Consistent with Project? Architecture and Materials 1. Encourage smaller-scale building floorplates with an appropriate scale and architectural style, consistent with early Californian architectural styles, (including, but not limited to, Craftsman, Queen Anne, Stick, and Mission) that conform to the look of the general area. (Goal B,C) Consistent. The proposed buildings would be consistent with the look and feel of other commercial and residential structures in the area. The proposed architecture references a traditional architectural style, with a mixture of stucco and stone siding and terracotta tile roofs. 2. Buildings should relate specifically to Saratoga's residential areas and illustrate residential massing with low-pitched gable or hip roofs, dormer windows, etc. (Goal C) Consistent. The roof portion visible from the Saratoga-Sunnyvale Road would be of mansard and similar to other commercial structures. The townhomes would have a similar appearance to residential roofs in the neighborhood. 3. In order to reduce the perceived scale of buildings, building masses shall be broken into smaller components. Large “boxes” with no articulation will not be allowed. (Goal C) Consistent. The facade of the building visible from Saratoga-Sunnyvale Road would be articulated and broken into smaller components with the use of stone veneer and stucco, and architectural projections. 4. Building walls and rooflines should include articulation, with a change in surface materials, color or surface plane. All primary building entrances must be identified with architectural details such as towers, projections, varied roofs, trellis work, pergolas or covered entry ways. (Goal B,C) Consistent. A variety of materials would be incorporated into the main façade of the building, and the main entryways would be emphasized using materials such as stone veneer and aluminum-framed doors. 5. Buildings should be designed with vertical breaks to create differentiation along the front facade. This can be done with indented balconies or/and articulation of massing or/and changes in material, texture, and color. (Goal C) Consistent. The design of the project features a covered entryway for the commercial and residential buildings. The residential buildings also incorporate second floor balconies, architectural projections, and a variety of exterior materials and colors. 6. Corners of buildings should be highlighted with special design features to increase visual interest where appropriate. Entrances or display windows to the retail shops are encouraged at building corners that face street corner locations. (Goal B) Consistent. Display windows and stone elements would be placed at the corners of the commercial building, which would be visible from Saratoga-Sunnyvale Road. 85 Attachment 2 2 Design Guidelines Consistent with Project? 7. Rooflines should be varied in style and size to create interest. All buildings should include roof features such as pitched roofs, detailed parapets, or entry features. Rooftop mechanical equipment shall be screened on all sides. (Goal B,C) Consistent. Covered entryways would create a varied roofline on the buildings and create interest. Rooftop equipment is not proposed for the project. 8. Rooftop mechanical units, vents, and flues shall be screened. Screening rooftop mechanical equipment by means of pitched roof forms or penthouses is encouraged. (Goal B,C) Consistent. See #7. 9. Service and loading areas should not be located immediately adjacent to residential uses or Saratoga Sunnyvale Road. (Goal B,C) Consistent. Loading would be located on the northern portion of the site, adjacent to commercial uses. 10. A specific color palette, list of materials, and common architectural features will be required for all development in the Saratoga Gateway District. This is intended to establish a common theme or style of architectural design for all buildings within the District. All buildings shall incorporate 360 degree (i.e., all building faces) use of materials and color. (Goals B,C) Consistent. Colors include tans, creams, beiges, browns, grays, and reds. Specific list of materials include cultured stone veneer, terracotta roof tiles, wood siding and exterior plaster. Common architectural features second story balconies with wrought iron railing, similar architectural projections, and metal doors and frames. 11. Colors for all buildings should be earth tones, neutrals and soft muted colors. The predominant color should be in the range of grays, beige through dark brown, terra cotta and sandstone, dark greens, or muted red. Bright intense colors are not allowed. Stark white or black is discouraged for use other than as trim. Un-muted primary colors are not allowed. (Goals B,C) Consistent. See #10. 12. Finish materials for walls should be predominantly natural materials such as brick, textured block, stone, slate, stucco, wood, clap board siding or textured and colored concrete that closely resembles such materials. Accent materials may include canvas for awnings, metal trim, ceramic tiles, concrete castings, terra cotta, or stucco. Window and door trim should be bronzed or baked enamel colored finish that is complimentary to the color of the wall. Materials such as galvanized metal, glossy Consistent. The facades of the project would include natural-looking materials such as stucco, and stone veneer. Window and door trim would generally be of muted aluminum construction with black color, and would be complementary to other design materials and consistent with other commercial uses in the area. 86 Attachment 2 3 Design Guidelines Consistent with Project? aluminum, smooth concrete, metal siding, vinyl, and reflective glass are not allowed. (Goals B,C) 13. Encourage canopies/awnings/arcades to define entrances and provide shelter along buildings. (Goal B) Consistent. Covered entryways would be provided for the commercial units. 14. Building entrances should be set back from drive curblines to achieve public safety and entry articulation. (Goal B) Consistent. The building would be set back from the curb line of the parking lot. A landscape strip would buffer the curblines with the parking area to achieve public safety. 15. Building entrances should be identifiable from parking areas. (Goal A, B) Consistent. The building entryway would be identifiable from front parking areas due to the use of distinctive building materials and prominent entryways. 16. Building materials should include appropriate materials to achieve city council goals. Such materials should establish a single, recognizable style, consistent with early California, for all adjacent commercial areas. The rural residential character of the City should be maintained through low residential densities, extensive landscaping along streets and the relatively low profile and height of structures. In commercial areas this can be achieved by the use of architectural features, materials and color to reduce bulk and mass. The use of traditional residential architectural design themes that can be transformed into effective commercial functions can be an effective method in which to achieve this goal. (Goal B) Consistent. The project would include a landscape buffer along Saratoga-Sunnyvale Road and traditional architectural themes, including mansard roof forms and the use of natural-looking materials such as stone veneer and tan colored stucco. The use of traditional residential architectural design themes incorporated into the residential townhomes (such as earth tone exterior colors and natural materials) have been incorporated into the commercial building, which assists in keeping the rural residential character of the City. 17. A predominance of masonry, wood and brick shall be used on ground levels of all buildings. (Goal B) Consistent. The building would utilize stucco and stone veneer on both the commercial and residential structures. 18. Reflective materials such as bright aluminum and glass are not allowed as the primary building material on exteriors. (Goal B) Consistent. The colors and materials of the project include earth tone browns, grays, and reds with siding and stone. 19. Pedestrian amenities, such as benches, trash receptacles, outdoor dining and vendor carts on private property, are encouraged to Not Yet Determined. The design of such pedestrian amenities has not yet been finalized by the project sponsors. 87 Attachment 2 4 Design Guidelines Consistent with Project? be consistent with the theme established by Saratoga-Sunnyvale Road Gateway. (Goal B) Landscaping and Buffering 1. Landscape islands should be provided in parking lots to interrupt consecutive runs of parking spaces. Landscape islands shall incorporate a mix of shade tree and shrub plant material to visually buffer internal site views from both ground and to provide shade. (Goal B,C) Consistent. Landscape buffers would be provided in the surface parking lot. 2 Parking areas should incorporate low landscaping buffers to screen parked cars from adjacent streets. All head in parking adjacent to public right of way or residential areas shall be screened by one of the following: masonry wall, earthen berm, and/or dense shrub planting. (Goal B,C) Consistent. Landscape buffers would screen the surface parking lots proposed adjacent to Saratoga-Sunnyvale Road. Landscape buffers and shrubs would be used to screen the surface parking area to the east, and existing wall would be left in-place. 3. Landscaped parking islands and medians should constitute a substantial portion of the overall parking area to achieve an attractive commercial environment consistent with the Saratoga environment. (Goal B,C) Consistent. Landscaped areas would be included in the parking lot. 4 The use of landscaping should be encouraged to distinguish access points, break up parking and define pedestrian access and spaces. (Goal B,C) Consistent. Landscaping would be utilized throughout the site to identify access points and walkways. 5 Landscape layout and design should orient the pedestrian environment. (Goal B) Consistent. Landscaping would be used to connect the pedestrian realm adjacent to Saratoga-Sunnyvale Road to the pedestrian walkways on the site. 6. Street tree plantings shall be required where none exist along Saratoga-Sunnyvale Road to promote a consistent tree canopy, reduce perceived building heights and provide shade. Street trees shall be pruned and otherwise maintained to provide visibility of businesses and to encourage proper growth and height. (Goal B,C) Consistent. Trees are being proposed along the front setback of the project and adjacent to Saratoga-Sunnyvale Road. 7 Private drives serving the internal circulation needs of proposed development shall require street tree plantings. (Goal B,C) Consistent. The landscape plan identifies an existing tree adjacent to the private drive. 8 Shrubs, groundcovers and perennial Consistent. Groundcovers and other low- 88 Attachment 2 5 Design Guidelines Consistent with Project? plantings are encouraged between detached pedestrian walks and buildings. (Goal B,C) growing plant species would be planted adjacent to the proposed buildings. 9 Trellises with flowering vines and hanging flower baskets are encouraged at building entries to make the entry more easily identifiable, provide pedestrian scale and add visual interest. (Goal B,C) Not Yet Determined. Hanging flower baskets would be decision of the tenant as it is a temporary measure. 10. Buffering between commercial or mixed use projects and adjacent residential uses shall incorporate the following: (Goal B,C) • Solid (decorative) masonry wall. • Exclusive landscape buffer area reserved for buffering purposes - no private outdoor use or other programmed activities are allowed within the buffer area. • Trees shall be 24” boxed size minimum. • Privacy issues shall be addressed through the citing of balconies and windows above ground floor level adjacent to residential properties to protect the privacy of residential neighbors. • Rear or side parking lots adjacent to residential uses shall be designed to address after hour security. Consistent. A concrete wall would be constructed between the project and the adjacent residential uses. Trees proposed would meet the 24-inch box minimum requirement. Privacy and security issues would be addressed through the setback of the buildings from the eastern property line of the sites (and adjacent residential uses). The project does not have a rear parking lot, but rather a small parking area for a single vehicle. 11. Buffering between commercial or mixed use development and other similar uses shall consist of a landscape area planted with trees, shrubs and groundcovers. (Goal B,C) Consistent. A landscaped buffer would be planted along the eastern boundary of the site, adjacent to residential uses. 12. The following list of trees shall be considered for incorporation into the design of commercial parking lots. (Goal B,C) Consistent. Pistacia chinensis (Chinese pistache) are listed in the “considered tree species” within the Design Guidelines and are proposed to be remain within the front parking lot area. A Posocarpus gracilior (Yew Pine) is proposed to the rear of the site, in order to accommodate privacy concerns of the residential uses. Fencing and Screening Walls 3. Fencing is discouraged between properties of similar use. (Goal A,B,C) Consistent. Fences would not be proposed between similar uses, yet a fencing of the rear yard and patio would be placed between the residential uses and commercial uses located to the south. 5. Trash, service and loading areas should Consistent. Trash and loading areas would 89 Attachment 2 6 Design Guidelines Consistent with Project? not be located adjacent to street frontages or adjacent to existing residential uses and will be screened from view from public streets. (Goal B,C) occur adjacent to the northern area of the site, separated from residential uses to the west of the site by a parking area and driveway. The garbage and recycle bins will be kept in the enclosed garages as depicted on the floor plans. Note: Policies related to Commercial Retail Signage and Lighting and Furnishings are not included in this Attachment because the project sponsors have not yet submitted detailed signage, lighting, and furnishing plans. 90 RW ENGINEERING, INC. Civil Engineers · Land Surveyors 505 Altamont Drive, Milpitas, CA 95035 Tel: (408) 262-1899 Fax: (408) 824-5556 Email: rwengineering@gmail.com January 23, 2015 City of Saratoga – Planning Division 13777 Fruitvale Ave., Saratoga, CA 95070 Re: Story Pole Certification Project Site: 12260 Saratoga-Sunnyvale Road, Saratoga, California Project Number: PDR14-0016 Dear Sir: We have surveyed the story poles located at 12260 Saratoga-Sunnyvale Road. Based on our survey, I certify that story poles located on the above-referenced site are in substantial conformance with the design, height and location shown on the plans submitted for Planning Application PDR14-0016. For additional information, please contact me at (408) 262-1899. Feel free to contact me if you have any questions. Sincerely Yours, Robert Wang, PE, PLS 91 92 93 94 95 96 97 98 99 100 101 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 11th day of February, 2015, at 7:00 p.m. The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. The public hearing agenda item is stated below. Details of this item are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding Friday office closures. APPLICATION/ADDRESS: PDR14-0016, CUP14-0004, & SUB14-0002 / 12260 Saratoga-Sunnyvale Road APPLICANT/OWNER: Anwar Awad / West Valley Muslim Association APN: 386-30-035 DESCRIPTION: The applicant is requesting Design Review, Conditional Use Permit, and Subdivision approval for the construction of one 2,297 square feet commercial / retail building that is 20 feet in height and twelve residential townhomes, each approximately 2,400 square feet in size and 27 feet in height, totaling approximately 34,000 square feet. The project is in conformance with City standards for height, setbacks, floor area, and site coverage. The site is 1.20 acres in size and is zoned CV. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission’s information packets, written communications should be filed on or before Tuesday, February 3, 2015 This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor’s office annually, in preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Christopher Riordan Senior Planner (408) 868-1235 102 103 104 105 106 107 108 109 110 LEGEND ABBREVIATION 12260 SARATOGA SUNNYVALE ROAD SARATOGA, CALIFORNIA TENTATIVE MAP FOR 13-LOT RESIDENTIAL & COMMERCIAL SUBDIVISION IN THE CITY OF SARATOGA, SANTA CLARA COUNTY CALIFORNIA N GENERAL NOTES:SITE PLANAS NOTED RW 6/21/14 RW TM-1 DATE: SHEET NO. SCALE: DRAWN BY: DESIGNED BY:RWRW ENGINEERING, INC.DATEBYREVISIONNO.1 OF 3 SHEETS DESCRIPTION SHEET INDEX NO. TYPICAL PRIVATE STREET SECTION 111 EARTHWORK TABLE CUT (CY)FILL (CY)IMPORT (CY)LOCATION AS NOTED RW 6/21/14 RW TM-2 DATE: SHEET NO. SCALE: DRAWN BY: DESIGNED BY:RWRW ENGINEERING, INC.DATEBYREVISIONNO.2 OF 3 SHEETS BENCHMARK: PRELIMINARYGRADING &DRAINAGE112 • • • • • •STORMWATERCONTROL PLANTYPICAL BIO-RETENTION BASIN # TABLE 2: IMPERVIOUS AREA AND TREATMENT DEVICE AS NOTED RW 6/21/14 RW TM-3 DATE: SHEET NO. SCALE: DRAWN BY: DESIGNED BY:RWRW ENGINEERING, INC.DATEBYREVISIONNO.3 OF 3 SHEETS # # # # # # # 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