HomeMy WebLinkAbout03-11-15 Planning Commission Agenda PacketTable of Contents
Agenda 2
February 11, 2015
Draft Minutes 4
Application ELN14-0011 - 14586 Aloha Avenue(517-11-069);
Courtney/ Steve Benzing Architect - Approve a major alteration
of a nonconforming structure. Major Alteration means any work
that is estimated to result in expenditure (cumulatively) of 20%
to 50% of the estimated construction cost of the structure. The
project will result in expenditure of approximately 48.9% of the
estimated construction valuation of the existing structure.
Staff Report 6
Att. 1 - Resolution 8
Att. 2 - Arborist Report 12
Att. 3 - Plans 22
Application VAR15-0001; 21090 Canyon View Dr. (503-28-065);
Shang - The applicant is requesting a variance to replace an
existing 500 sq. ft. carport with a new 500 sq. ft. two car
detached garage within the rear setback. The height of the
proposed detached garage would be no taller than 13 feet, 6
inches. The net site is 33,704 sq. ft. and the property is zoned
for R-1-40,000. Staff Contact: Michael Fossati (408) 868-1212.
Staff Report - 21090 Canyon View 32
Att 1 Reso 37
Att 2 Letter from Shang 42
Att 3 Neighbor Notifications 47
Att 4 Plans Exhibit A 53
Application CUP 14-0008; 12230 Saratoga-Sunnyvale Rd / 386-
30-039; Time-Space Investment Development LLC - The
Planning Commission has requested modifications to the
applicant's conditional use permit. The Commission may modify
conditions or impose new conditions in order to preserve the
public health, safety or welfare, or to prevent the creation or
continuance of a public nuisance. Staff Contact: Chris
Riordan(408)868-1235
Staff Report 55
Attachment 1 - Resolution 64
Attachment 2 - Conditions Comparison Table 65
Attachment 3 - Letter from Applicant 69
Attachment 4 - Resolution dated October 2009 71
Attachment 5 - Public Notice 77
Attachment 6 - Exhibit A - 2009 Development Plans 78
Attachment 7 - Exhibit B - 2010 Landscape, Irrigation,
Lighting Plan 82
1
AGENDA
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, March 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 February 11, 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
1. Application ELN14-0011 - 14586 Aloha Avenue(517-11-069); Courtney/ Steve Benzing Architect -
Approve a major alteration of a nonconforming structure. Major Alteration means any work that is
estimated to result in expenditure (cumulatively) of 20% to 50% of the estimated construction cost of the
structure. The project will result in expenditure of approximately 48.9% of the estimated construction
valuation of the existing structure.
Recommended action:
Adopt Resolution No. 15-006 approving the major alteration subject to conditions of approval.
PUBLIC HEARING
All interested persons may appear and be heard at the above time and place. Applicants and their representatives
have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for
up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing
statements.
1. Application VAR15-0001; 21090 Canyon View Dr. (503-28-065); Shang - The applicant is requesting a
variance to replace an existing 500 sq. ft. carport with a new 500 sq. ft. two car detached garage within the
rear setback. The height of the proposed detached garage would be no taller than 13 feet, 6 inches. The net
site is 33,704 sq. ft. and the property is zoned for R-1-40,000. Staff Contact: Michael Fossati (408) 868-
1212.
Recommended action:
Adopt Resolution No. 15-004 approving VAR15-0001 subject to conditions of approval.
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2. Application CUP 14-0008; 12230 Saratoga-Sunnyvale Rd / 386-30-039; Time-Space Investment
Development LLC - The Planning Commission has requested modifications to the applicant's conditional
use permit. The Commission may modify conditions or impose new conditions in order to preserve the
public health, safety or welfare, or to prevent the creation or continuance of a public nuisance. Staff
Contact: Chris Riordan(408)868-1235
Recommended action:
Adopt Resolution 14-053 approving an updated Conditional Use Permit (CUP 14-0008) for the “Saratoga
Star Aquatics” Swimming Facility located at 12230 Saratoga-Sunnyvale Road.
DIRECTOR ITEMS
COMMISSION ITEMS
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 March 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
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ACTION MINUTES
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, February 11, 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, Dede
Smullen, Tina Walia, Acting Chair Pragati Grover
ABSENT None
ALSO PRESENT Michael Fossati, Planner
Christopher Riordan, Senior Planner
Erwin Ordoñez, Community Development Director
Curtis Williams, Interim Community Development Director
APPROVAL OF MINUTES
Approve Action Minutes from the Regular Planning Commission Meeting of January 14, 2015.
Action:
WALIA/ALMALECH MOVED TO APPROVE THE JANUARY 14, 2015 MINUTES. MOTION
PASSED. AYES: ALMALECH, CHANG, FITZSIMMONS, GROVER, WALIA. NOES: NONE.
ABSENT: NONE. ABSTAIN: SMULLEN.
PUBLIC HEARINGS
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.
Action:
FITZSIMMONS/WALIA MOVED TO ADOPT RESOLUTION 15-002 WITH CHANGES
TO THE CONDITIONS:
Add “second dwelling unit” within the project description and expiration date to the resolution.
MOTION PASSED. AYES: ALMALECH, CHANG, FITZSIMMONS, GROVER, SMULLEN,
WALIA. NOES: NONE. ABSENT: ABSTAIN: NONE.
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 a 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-
4
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.
Action:
ALMALECH/WALIA MOVED TO CONTINUE THIS ITEM TO A DATE UNCERTAIN.
MOTION PASSED. MOTION PASSED. AYES: ALMALECH, CHANG, FITZSIMMONS,
GROVER, SMULLEN, WALIA. NOES: NONE. ABSENT: ABSTAIN: NONE.
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.
Action:
ALMALECH/WALIA MOVED TO ADOPT RESOLUTION 15-004 WITH CHANGES TO
THE CONDITIONS:
All utilities including transformers, standpipes, and backflow preventers shall be screened from off-site
views prior to building permit final.
A minimum of two trees shall be planted in the driveway landscape islands located adjacent to the
residential garages.
Trees shall be planted along the southern property line behind the residential l units to reduce privacy
impacts to the commercial building located at 12280 Saratoga-Sunnyvale Road. Applicant to work
with neighbors and Arborist on species and size of trees.
Fire lane markings shall be required for the driveway area per City of Saratoga and Santa Clara County
Fire Department specifications.
All exterior windows of the retail building shall have a consistent style.
Condition #10 as listed in the resolution is not applicable to the project and is to be removed.
The six mature pine trees located adjacent to the rear property line are recommended for removal.
MOTION PASSED. AYES: ALMALECH, CHANG, FITZSIMMONS, GROVER, SMULLEN,
WALIA. NOES: NONE. ABSENT: ABSTAIN: NONE.
ADJOURNMENT
WALIA/ALMALECH MOVED TO ADJOURN AT 10:30 PM. MOTION PASSED. AYES:
ALMALECH, CHANG, FITZSIMMONS, GROVER, SMULLEN, WALIA. NOES: NONE.
ABSENT: ABSTAIN: NONE.
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PLANNING COMMISSION
MEMORANDUM
Meeting Date: March 11, 2015
Application: ELN14-0011
Location / APN: 14586 Aloha Avenue / 517-11-069
Owner/Applicant: Michael and Katy Courtney / Steve Benzing Architect
Staff Planner: Justin Shiu
The Planning Commission may approve a major alteration of a nonconforming structure. Major
Alteration means any work that is estimated to result in expenditure (cumulatively) of 20% to
50% of the estimated construction cost of the structure. The project will result in expenditure of
approximately 48.9% of the estimated construction valuation of the existing structure.
Approval by the Planning Commission is required pursuant to City Code Sections 15-65.050(b),
before staff can act on the pending Building Permit.
STAFF RECOMMENDATION: Adopt Resolution No. 15-006 approving the major alteration subject
to conditions of approval.
PROJECT DESCRIPTION: The applicant is proposing remodel and an addition of 316 sq. ft. to a
legal non-conforming one story single-family residence located at 14586 Aloha Ave. The structure
is classified as nonconforming because it encroaches into the left side setback area by
approximately one foot and rear setback by approximately five feet - eight and one half inches. The
exterior walls of the remodel will be changed from stucco to light-colored, shingle style siding. The
roof will be tiled in a darker, weathered wood color.
The Planning Commission has the authority to approve additions and remodels to legal non-
conforming structures if the proposed construction is valued at 50% or less than the value of the
existing structure. Staff has determined the value of the non-conforming structure as $1,130,780,
while the value of the construction being proposed is $553,176, or approximately 48.9% of the
value of the existing structure. Therefore, the Planning Commission has authority to approve the
project, as long as the findings can be met. The proposed work consists of a remodel of an existing
living room / kitchen and addition of a den and office.
PROJECT DATA:
Net Site Area: 25,051 SF
Zoning District: R-1-20,000
Proposed Allowed/Required
Total Site Coverage 10,223 sq. ft. (40%) 45% Max.
Total Floor Area 4,869 sq. ft. 4,908 sq. ft. Max.
Height 15 ft. - 9.25 in. 26 ft. Max.
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Setbacks
Front:
Left Side:
Right Side:
Rear:
33’
14’
103’-9”
29’-3”
30’
15’
15’
35’
Neighbor Notification and Correspondence: The property owner posted a sign in front of the
property, notifying neighbors of the application for a building permit. No comments have been
received as of the writing of this report.
FINDINGS AND DETERMINATIONS
Pursuant to City Code Section 15-65.050(b), major repair and alteration of a nonconforming
structure may be permitted if the Planning Commission is able to make the following
determinations:
(1) The repair and/or alteration will accommodate a conforming use. This finding may be
made in the affirmative because the project consists of an addition to a residential structure that
is located in a residentially zoned district within the City.
(2) The repair and/or alteration does not increase the degree of noncompliance, or otherwise
increase the discrepancy between existing conditions and the requirements of this Chapter.
This finding may be made in affirmative in that the project is adding floor area that is located
within the allowable building footprint and outside of required setbacks. The applicant is not
proposing additions to the non-conforming portions of the home.
(3) The repair and/or alteration does not effectively extend or perpetuate the useful life of any
particular feature or portion of the structure which is nonconforming. This finding may be
made in the affirmative in that the project is proposing expansion in areas conforming to City
Code.
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.
ATTACHMENTS:
1. Resolution of Approval
2. Arborist Report
3. Development Plans (Exhibit "A")
Page 2 of 2
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RESOLUTION NO: 15-006
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING AN APPLICATION (ELN 14-0011) FOR AN ALTERATION TO A
NON-CONFORMING SINGLE-FAMILY DWELLING LOCATED AT
14586 ALOHA AVENUE, SARATOGA CA 95070 (517-11-069)
WHEREAS, on October 16, 2014 an application was submitted by Steve Benzing
requesting approval for the alteration of a legal non-conforming single-family residence. The
existing structure encroaches into the left side setback by approximately one foot and rear
setback by approximately five feet – eight and one half inches. The addition will conform to the
city code. No significant structural changes will occur to the exterior wall or roof structure where
the non-conforming setback occurs.
WHEREAS, the Community Development Department completed an environmental
assessment for the project in accordance with the California Environmental Quality Act (CEQA),
and recommends that the Planning Commission determine this project exempt.
WHEREAS, on March 11, 2015, the Planning Commission held a meeting on the subject
application, and considered evidence presented by City Staff, the applicant, and other interested
parties.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds,
determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference.
Section 2: The project is categorically exempt from the California Environmental Quality
Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of
Small Structures,” of the Public Resources Code (CEQA). This exemption allows for the
construction of up to three single-family residences and no exception to that exemption applies.
Section 3: The project is consistent with the following Saratoga General Plan Policies:
Conservation Element Goal 2 and Land Use Element Goal 1 which states that the City shall
preserve the City’s existing character which includes small town residential, rural/semi-rural areas
and open spaces areas; Conservation Element Policy 6.0 which provides that the City shall protect
the existing rural atmosphere of Saratoga by carefully considering the visual impact of new
development; and Land Use Element Policy 1.1 that the City shall continue to be predominantly a
community of single-family detached residences.
Section 4: The project is consistent with the Saratoga City Code in that the repair and/or
alteration will accommodate a conforming use; the repair and/or alteration does not increase the
degree of noncompliance, or otherwise increase the discrepancy between existing conditions and the
requirements of this Chapter; and the repair and/or alteration does not effectively extend or
perpetuate the useful life of any particular feature or portion of the structure which is
nonconforming.
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Resolution No. 15-0XX
Section 5: The City of Saratoga Planning Commission hereby approves ELN14-0011
located at 14586 Aloha Avenue subject to the Findings, and Conditions of Approval attached hereto
as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 11th day of
March 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Pragati Grover
Acting Chair, Planning Commission
9
Resolution No. 15-0XX
Exhibit 1
CONDITIONS OF APPROVAL
ELN14-0011
14586 Aloha Avenue / 517-11-069
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, or grading for
this project shall be issued until proof is filed with the city that a certificate of approval
documenting all applicable permanent or other term-specified conditions has been recorded by
the applicant with the Santa Clara County Recorder’s office in form and content to satisfaction
of the Community Development Director. If a condition is not “Permanent” or does not have a
term specified, it shall remain in effect until the issuance by the City of Saratoga of a Certificate
of Occupancy or its equivalent.
2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this
approval is duly executed, containing a statement of all amounts due to the City in connection
with this application, including all consultant fees (collectively “processing fees”). This
approval or permit shall expire sixty (60) days after the date said notice is mailed if all
processing fees contained in the notice have not been paid in full. No Zoning Clearance or
Demolition, Grading, or Building Permit may be issued until the City certifies that all
processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is
maintained).
3. The Project shall maintain compliance with all applicable regulations of the State, County, City
and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga City Code incorporated herein by this reference.
4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and
hold the City and its officers, officials, boards, commissions, employees, agents and volunteers
harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any action
on the subject application, or any of the proceedings, acts or determinations taken, done
or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
grading work by the Owner and/or Applicant, their successors, or by any person acting
on their behalf.
In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate
agreement containing the details of this required Agreement to Indemnify, Hold harmless and
Defend, which shall be subject to prior approval as to form and content by the City Attorney.
5. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans denominated Exhibit "A",
and as conditioned below. All proposed changes to the Approved Plans must be submitted in
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Resolution No. 15-0XX
writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to approval in accordance with City Code.
6. Statement of Acknowledgment of Legal Nonconforming Status: The property Owner shall
record a Statement of Acknowledgment of Legal Nonconforming Status, satisfactory to the
Community Development Director, specifying the limits of any expansion and/or intensification
of the non-conforming structure.
7. Non-Conforming Structure Limitations. In no event shall the cumulative expenditures for
repairs and/or alterations on any nonconforming structure exceed fifty percent of the
estimated construction cost of the structure prior to such repairs and/or alterations, unless
such structure is changed to a conforming structure or otherwise satisfies the standards set
forth by City Code.
8. Public Works. 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 project.
8. City Arborist. All requirements in the City Arborist Report dated January 28, 2015 are hereby
adopted as conditions of approval and shall be implemented as part of the Approved Plans. A
Tree Protection Security Deposit is required per City Ordinance 15-50.080. The $2,500 deposit
shall be obtained by the owner and filed with the Community Development Department before
obtaining Building Division permits. The deposit may be in the form of cash, check, credit card
payment or a bond. The deposit shall remain in place for the duration of construction of the
project. The deposit may be released once the project has been completed, inspected and
approved by the City Arborist.
9. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted
to the Building Division. These plans shall be subject to review and approval by the City prior to
issuance of Zoning Clearance. The construction plans shall, at a minimum include the
following:
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A”
on file with the Community Development Department.
b. All additional drawings, plans, maps, reports, notes, and/or materials required by the
Building Division.
c. This signed and dated Resolution printed onto separate construction plan pages.
d. The site plan shall contain a note with the following language: “Prior to foundation
inspection by the City, the Licensed Land Surveyor of record shall provide a written
certification that all building setbacks comply with the Approved Plans,” which note shall
represent a condition which must be satisfied to remain in compliance with this Approval.
11
Community Development Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
ARBORIST REPORT
Application No. ARB13-0056
Prepared by Kate Bear, City Arborist Site: 14586 Aloha Avenue
Phone: (408) 868-1276 Owner: Katy and Mike Courtney
Email: kbear@saratoga.ca.us APN: 517-11-069
Email: katycogswell@yahoo.com
Report History:
Report 1
Date:
Plans received December 3, 2014
Arborist report received January 7, 2015
Report completed January 28, 2015
PROJECT SCOPE:
The applicant has submitted plans to the City to add on to and remodel their house.
STATUS: Approved by City Arborist to proceed, with attached conditions.
PROJECT DATA IN BRIEF:
Tree bond – Required - $11,900
For trees 3, 22, 23, and 24.
Tree fencing – Required – See Conditions of Approval and attached map.
Tree removals – None requested or permitted.
Replacement trees – None required.
FINDINGS:
Tree Removals
No trees protected by Saratoga City Code are requested or approved for removal to construct the
project.
1
12
14586 Aloha Avenue
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
An arborist report prepared by Richard Gessner of Monarch Consulting and dated January 7, 2015
was submitted for this project. Once included in the final set of plans, it will satisfy the requirement
for a Tree Preservation Plan under Section 15-50.140 of the City Code.
This arborist report reviewing the project is also to be copied onto a plan sheet and included in the
final set of plans.
ATTACHMENTS:
1 – Plans Reviewed
2 – Tree Data from submitted arborist report dated January 7, 2015
3 – Conditions of Approval
4 – Map of Site showing tree locations and protective fencing from January 7, 2015 arborist report
IMPORTANT
This entire report shall be copied onto a plan sheet and included in the final set of
plans as verification of City Arborist approval of project.
2
13
14586 Aloha Avenue Attachment 1
PLAN REVIEW:
Architectural Plans reviewed:
Preparer: Steve Benzing, Architect
Date of Plans: February 1, 2014
Sheet A1 Cover Sheet
Sheet A2 Site Plan
Sheet A3 Existing Floor Plan
Sheet A4 Proposed Floor Plan
Sheet A7 Sections
Sheets A8 and A9 Elevations
TREE INFORMATION:
Arborist report reviewed:
Preparer: Richard Gessner, Monarch Consulting
Date of Plans: January 7, 2015
An arborist report prepared by Richard Gessner was submitted for this project. It
inventoried 26 protected trees on the property and provided information on the condition of
each tree, suitability for preservation, appraised values, and tree protection measures.
No trees protected by Saratoga City Code are requested for removal to construct this
project. Five trees will be moderately affected by the work, including one coast live oak
(tree 3), one persimmon (tree 22), one black oak (tree 23), one pittosporum (tree 24), and
one toyon (tree 25). All five trees can be adequately protected through the tree protection
measures provided in the submitted arborist report.
The report included a list of trees, appraised values for trees, recommendations for
protection during construction work, and a map of tree locations and protective fence
locations.
3
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14586 Aloha Avenue Attachment 2
Tree Inventory Table from submitted arborist report dated January 7, 2015
4
15
14586 Aloha Avenue Attachment 2
Tree Inventory Table from submitted arborist report dated January 7, 2015
5
16
14586 Aloha Avenue Attachment 2
Tree Inventory Table from submitted arborist report dated January 7, 2015
6
17
14586 Aloha Avenue Attachment 2
Tree Inventory Table from submitted arborist report dated January 7, 2015
7
18
14586 Aloha Avenue 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. Appendices A, B and D of the submitted report dated January 7, 2015, shall be copied on to a
plan sheet, titled “Tree Preservation” and included in the final job copy set of plans.
3. The designated Project Arborist shall be Richard Gessner of Monarch Consulting, LLC,
unless otherwise approved by the City prior to receiving Planning approval.
4. This report shall be copied onto a plan sheet and incorporated into the final set of plans. It is
not necessary to include the tree inventory data and map twice.
5. All recommendations in the submitted arborist report shall be conditions of approval for the
project.
6.Tree Protection Security Deposit
a.Is required per City Ordinance 15-50.080.
b.Shall be $11,900 for tree(s) 3, 22, 23, 24 and 25.
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.
7.Tree Protection Fencing:
a.Shall be installed as specified in the submitted arborist report and 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.
8.The Project Arborist shall visit the site monthly.
8
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14586 Aloha Avenue Attachment 3
9.The Project Arborist shall be on site to monitor all work within:
a.15 feet of tree 3.
b.5 feet of tree 23.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. No trees are requested or permitted for removal to construct the project.
16. Only drought tolerant plants that are compatible with oaks are permitted under the outer half
of the canopy of oak trees on site.
17. Water loving plants and lawns are not permitted under oak tree canopies.
18. At the end of the project, when the contractor wants to remove tree protection fencing and
have the tree protection security deposit released by the City, call City Arborist for a final
inspection.
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Attachment 4
14586 Aloha Avenue
Legend
Tree Protection
Fencing
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REPORT TO THE
PLANNING COMMISSION
Meeting Date: March 11, 2015
Application: VAR15-0001
Location / APN: 21090 Canyon View Dr. / 503-28-065
Owner / Applicant: Quanyuan & Shumay Shang
Staff Planner: Michael Fossati
21090 Canyon View Dr.
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SUMMARY
PROJECT DESCRIPTION:
The applicant requests variance approval to replace an existing 500 sq. ft. carport within
the rear setback with a 500 sq. ft. two car detached garage. The height of the proposed
detached garage would increase from 10 feet currently to 13 feet, 6 inches. Variance
approval is required because the City Code only allows detached garages in rear setback to
be no taller than 10 feet.
S TAFF RECOMMENDATION:
Adopt Resolution No. 15-004 approving VAR15-0001 subject to conditions of approval.
PROJECT DATA:
Net Site Area: 33,704 square feet (0.77 acres)
Average Site Slope: 13.7%
General Plan Designation: RVLD (Very Low Density Residential)
PROJECT DATA
Proposed Allowed
Floor Area
(E) 1st floor:
(E) 2nd floor:
(N) Garage:
Total
641 sq. ft.
2,311sq. ft.
496 sq. ft.
3,448 sq. ft.
5,064 sq. ft
Site Coverage
(E) Building Footprint
(E) Porch
(N) Garage
(E) Pavement
(E) Walks
Total
2,311 sq. ft.
36 sq. ft.
496 sq. ft.
4,815 sq. ft.
374 sq. ft.
8,032 sq. ft. (24%)
11,796 sq. ft. (35%)
Setbacks
Front:
Side (Left):
Side (Right):
Rear
Proposed
N/A
65’
6’
27’
Required
N/A
6’
6’
12’
Height
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
324’
326’
325’
338.5’ (13’6”)
Maximum Building
Height is 10 Feet
(335’)
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SITE AND PROJECT CHARACTERISTICS
Site Description
The applicant’s hillside lot is higher and has views of Canyon View Drive. The existing
driveway on site slopes up to access the residence and an existing detached carport,
which is located on the most flat area of the site. The remainder of the property also
slopes up at the rear of the site. The existing residence was built in the late 1950’s. The
existing property owners took title to the property in 1998 and completed a major
remodel in 2012. The exterior of the original ranch style residence was wood siding with
a shed-style roof. A subsequent remodel replaced the siding with a stucco and stone
veneer exterior. The shed-style roof was also replaced with a gable roof. The property is
surrounded by single-family residences on approximately acre size lots.
Building Design
The existing carport once resembled the same design of the original main residence. The
applicant has proposed to demolish the carport and replace it with a garage. Exterior
materials proposed include a three coat stucco, foam trim, and Eldorado stone base veneer.
The proposed color scheme is earth-tone with varying shades of tans and browns. The shed
roof form of the carport would be replaced with gable roof, consistent with the main
residence. A color and sample board will be available at the public hearing.
Detail Colors and Materials
Building ext. ‘Sand Pearl’ beige stucco
Roofing ‘Autumn Blend’ composition shingle roof
Base ‘Honey Gold’ Eldorado stone veneer
Landscaping & Trees
The project would not affect any protected trees, as the construction is more than five feet of
the canopy of any protected trees.
Variance for Garage in rear setback
The applicant has provided a letter explaining their justification for the variance request
(Attachment 2). The applicant was able to provide documentation that six adjacent
neighbors support the project (Attachment 3). In summary, the applicant is requesting
approval for a garage in order to provide an enclosed space for secure storage of their
vehicles. The request for the gable roof is to create architectural compatibility with the
main residence.
The applicant believes that the best location for the new detached garage is the existing
carport location because it is the most level and accessible area onsite. The applicant also
believes that the intent of the City’s regulation on maximum height for accessory structures
within rear setbacks was to address potential view impacts of adjoining property owners,
which is not a factor at the proposed location because it is significantly setback from
neighboring structures and viewsheds.
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Staff believes that due to the relationship of the topography of the site and the location of
neighboring property owners, the height of the proposed garage would not impact views of
any adjacent property owners or public right-of-way. Furthermore, the proposed height is
more architecturally compatible with the main structure. Certain city policies promote
additional height for accessory structures if the additional height is necessary in order to
establish architectural compatibility with the main structure (see City Code Section 15-
13.100). The proposed gable is similar to the cross gable of the main residence.
Staff reviewed properties in the immediate area to determine if supporting a garage height
variance in the immediate area would be recognized as granting a special privilege. Below
are a list of properties within the immediate area.
Property Address Garage
21160 Canyon View Yes
21081 Canyon View Yes
21140 Canyon View No
21080 Canyon View Yes
21270 Glenmont Drive Yes
21280 Glenmont Drive Yes
Staff believes the applicant’s request can satisfy the finding in that supporting the project
would not constitute granting a special privilege, as the majority of property owners in the
immediate area have garages.
Neighbor Correspondence
As previously referenced, the applicant submitted six notification forms from neighboring
property owners. A “Notice of Public Hearing” was also sent to all property owners within
500 feet of the subject property. The public hearing notice and description of the project
was also published in the Saratoga News. No comments have been received regarding the
project to date.
VARIANCE FINDINGS
The findings required for issuance of a Variance Approval pursuant to City Code Section
15-70.060 are set forth below and the applicant has met the burden of proof to support
making all of those required findings:
(a) That because of special circumstances applicable to the property, including size,
shape, topography, location or surroundings, strict enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners of other
properties in the vicinity and classified in the same zoning district. This finding can be
made because the uniqueness in the topography of the site restricts the development of a
garage in only a few areas. The majority of owners in the vicinity have the privilege of
owning and utilizing architecturally compatible main residences and garages, whether
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attached or detached. The applicant is requesting the same privilege without creating a
hardship on properties or improvements in the vicinity.
(b) That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and classified in the
same zoning district. This finding can be made in the affirmative in that the lot is unique
with special circumstances not typical of lots in the vicinity. The building footprint is
relatively tight due to the front and rear slope, which limits the area to place a garage.
The existing location of the carport seems to be the most logical space to construct a
new garage, as the area is flat, free of protected trees, and would provide the least impact
to neighboring property owners.
(c) That the granting of the variance will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity. This
finding can be made in the affirmative in that the proposed structure would not be
detrimental to the public health, safety or welfare as it will be conditioned to either meet
or exceed building permit requirements when constructed.
ENVIRONMENTAL DETERMINATION: The project is Categorically Exempt from the
Environmental Quality Act (CEQA) pursuant Section 15303, “New Construction or
Conversion of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). This
exemption allows for the construction or conversion of up to three single-family residences.
ATTACHMENTS:
1. Resolution of Approval
2. Letter from applicant, dated January 3, 2015
3. Neighbor Notifications
4. Reduced Plans, Exhibit "A.”, dated February 23, 2015
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RESOLUTION NO. 15-005
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
FOR VARIANCE NO. VAR15-0001 APPROVING A 13.5 FOOT TALL GARAGE
LOCATED IN THE REAR YARD AT 21090 CANYON VIEW DR. (APN 503-28-065)
WHEREAS, an application was submitted by Quanyuan and Shumay Shang for the
replacement of a 500 sq. ft. detached carport with a 500 sq. ft. detached garage within the rear
setback. The height of the proposed detached garage is 13.5 feet. Variance approval is required
because the proposed height of the garage exceed the height allowed by the City Code for
accessory structures in rear setbacks. 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 March 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 Policy 1.1 which allows the City to continue to review all residential development
proposals to ensure consistency with Land Use Element goals and policies; 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 variance
exception findings can be made in that because of special circumstances applicable to the
property, including size, shape, topography, location or surroundings, strict enforcement of the
specified regulation would deprive the applicant of privileges enjoyed by the owners of other
properties in the vicinity and classified in the same zoning district; and that the granting of the
variance will not constitute a grant of special privilege inconsistent with the limitations on other
properties in the vicinity and classified in the same zoning district; and that the granting of the
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Resolution No. 15-005 Page 2
variance will not be detrimental to the public health, safety or welfare, or materially injurious to
properties or improvements in the vicinity.
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 VAR15-0001
located at 21090 Canyon View Drive (APN 503-28-065), 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
March 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Pragati Grover
Acting Chair, Planning Commission
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Resolution No. 15-005 Page 3
EXHIBIT 1
CONDITIONS OF APPROVAL
VAR15-0001
21090 CANYON VIEW DR. (APN: 503-28-065)
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.
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Resolution No. 15-005 Page 4
5. Construction must be commenced within 24 months or approval will expire.
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 February 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 3, 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. 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.
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. 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.
11. Final Landscaping and Irrigation Plan. The final landscaping and irrigation plan shall
take into account the following:
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Resolution No. 15-005 Page 5
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
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
12. Fire Department Requirements. Owner/applicant shall comply with all Fire Department
requirements.
13. 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.
14. 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
15. 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 Variance.
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REPORT TO THE
PLANNING COMMISSION
Meeting Date: March 11, 2015
Application: Conditional Use Permit (CUP14-0008)
Location / APN: 12230 Saratoga-Sunnyvale Road
386-30-039
Owner / Applicant: Time-Space Investment Development LLC
Staff Planner: Christopher Riordan
SITE
12230 Saratoga-Sunnyvale Rd.
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SUMMARY
ZONING GENERAL PLAN DESIGNATION PARCEL SIZE
Commercial Visitor (CV) Commercial Retail (CR) 44,866 square feet
PROJECT DESCRIPTION:
Review an existing Conditional Use Permit for the ‘Saratoga Star Aquatics’ swimming facility
located at 12230 Saratoga-Sunnyvale Road.
Land uses surrounding the site are commercial uses to the south, west, and northwest
and residential uses to the east and northeast.
The facility includes office space, an exercise equipment area, and a mechanical room in
the front of the building. The swimming pool area is located in the center of the building while
the main reception lobby entrance is located at the rear of the building. The facility offers
swimming lessons and lap swimming.
The Planning Commission may modify or delete any conditions of a conditional use permit
or impose new conditions in order to preserve the public health, safety or welfare. A
conditional use permit may be revoked by the Planning Commission upon a determination
that the holder of the permit has failed to comply with any condition.
15-55.070 - Findings for issuance of permit
(a) That the proposed location of the conditional use is in accord with the objectives of
the Zoning Ordinance and the purposes of the district in which the site is located.
(b) That the proposed location of the conditional use and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity.
(c) That the proposed conditional use will comply with each of the applicable provisions
of this Chapter.
(d) That the proposed conditional use will not adversely affect existing or anticipated uses
in the immediate neighborhood, and will not adversely affect surrounding properties
or the occupants thereof.
STAFF RECOMMENDATION:
Adopt Resolution No. 14-053 approving the project subject to conditions of approval.
BACKGROUND:
October 14, 2009 - The Planning Commission approved a design review and conditional use
permit application for Saratoga Star Aquatics to operate an indoor swimming facility in a
remodeled commercial building at 12230 Saratoga-Sunnyvale Road. The swimming facility is
defined as a ‘Community Facility’ which is a conditional use in the CV zoning district. The
2009 use permit conditions of approval are included as Attachment 4.
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November 13, 2013 - The Planning Commission reviewed the conditional use permit for
Saratoga Star Aquatics to determine whether any action was necessary. The Commission
directed staff to return at a later date with the following information:
Compliance status of all conditions of approval placed on the project.
A safety review, conducted by the City Traffic Engineer, of the turning movements of
vehicles entering and leaving the project’s two driveways.
Traffic accident statistics for the property and for the segment of Saratoga-Sunnyvale Road
in front of the site.
Review the existing conditional use permit and determine if any further action is necessary.
November 12, 2014 - The Planning Commission reviewed the information that was requested
from the November 2013 meeting. The Planning Commission continued the public hearing to
the meeting of December 10, 2014 for further discussion.
December 10, 2014- The Planning Commission opened the Public Hearing and continued the
item to their meeting of March 11, 2015 in order for staff to report back with additional details
regarding the following:
Information to document the intensity of use including:
- Number of total students
- Number of classes & duration including a weekly schedule
- Number of instructors
- Number of employees
- Description of operations with uses (including events)
Fencing recommendation for rear property line.
DISCUSSION:
The following paragraphs outline the key conditions of approval applicable to the project,
including those modification directed by the Commission from their meeting of November 12,
2014. Final recommended Conditions of Approval are incorporated in the modified
Resolution (Attachment 1).
Operations Data and Intensity of Use
The applicant provided the following operational information to the Community
Development as requested by the Planning Commission so it can complete its review of the
application.
Number of Daily Swim Students Max: 450 students per day
Number of Instructors Max: 70 part time instructors
Number of Employees Max: 85 part time employees
Number of Daily Classes 90 per day with durations between 30-60 minutes
Number of Daily Members
(swimming and gym use)
Max: 200 members
Number of Total Students Max: 3,150 per week
Weekly Schedule of Classes
Weekdays 70 classes from 3:00 pm–8:15 pm
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Weekends 90 classes from 10:00 am–8:00 pm
Summer Camp Swim Classes
Weekdays (June – August) 70 classes from 9:00 am–5:00 pm
Membership Schedule Weekdays: 6:00 am–2:00 pm/8:00 pm–11:00 pm
Saturdays: 8:00 am–10:00 am/8:00 pm–11:00 pm
Sundays: 8:00 am–10:00 am / 6:00 pm–11:00 pm
Competitive Swim Team Pool
Use
Occasionally the competitive swim team will use the
pool for practice and will only be during the times
when pool space is available
Six-Month Planning Commission Review: The recommended conditions of approval
include a requirement for review of the Use Permit not later than 6 months following
approval of this resolution based on the Commission’s direction. The item will be calendared
in advance for review in August 2015.
Business Hours: The original conditions of approval for the facility permitted hours of
operation from 9:00 am to 11:00 pm, but allowed flexibility for staff to adjust those hours to
start as early as 5:00 am. The applicant’s requested hours of operation are now 6:00 am to
11:00 pm, seven days per week. Per the applicant, only adult lap swimming would occur from
6:00 am to 9:00 am, and no swim lessons would occur before 9:00 am. The Commission
comments from the November and December 2014 meetings indicated agreement with
the proposed hours of operation.
Mechanical Equipment: Mechanical equipment is kept in an enclosed mechanical room
in the front of the building. Vents from the mechanical room protrude from the roof, are
visible from offsite, and these vents were not indicated on the original plans. The Planning
Commission at their meeting of November 12, 2014, included a condition to the prepared
resolution requiring the applicant to paint the vents a flat grey color to help camouflage them
from view. The applicant has painted the vents and has been verified by staff.
Lighting: The Planning Commission on November 12, 2014, included a condition to
the Resolution requiring all exterior light fixtures to be shielded, and for all standing light
fixtures in the rear parking lot be timed to turn off between the hours of 11:15 pm and 9:00
am. The applicant has installed shields on the light fixtures which direct light away from the
adjacent residential properties and this has verified by staff. The applicant also indicated that
the rear parking lot lights are timed to turn off between the hours of 11:15 pm and 9:00 am.
Fencing: The replacement of the existing fence at the rear of the property was part of
the a p pl i c a nt ’ s original plans, however staff is not recommending it be removed due to
the existing foliage that currently grows over it and provides limited screening. The
Resolution includes a condition that the solid wall / fence located along the property line
between the subject property and residential district(s) be maintained to minimize
privacy impacts and insulate the adjacent properties against excessive noise. The applicant
has expressed willingness to share the cost of replacing the boundary line fence with adjacent
neighbors.
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Landscaping: The site includes an approximately eight-foot wide landscape median and
five-foot wide sidewalk at the front of the property. In front of the building, there is
an approximately twelve-foot wide landscape area plus an additional two feet of bushes
in front of a portion of the building. There is a six-foot wide landscaped area between the
building and the rear parking lot. At the rear of the lot, there is a five-foot wide
landscaped area plus another 6-12 inches between the chain link fence and the wood
fence. There is also vegetation that climbs up the chain link fence along the rear parking
lot. The landscaping primarily consists of bark and drought tolerant shrubs and trees. The
landscaping is similar to that provided on other commercial properties in the area. The
Resolution includes a condition to maintain the landscaping with suitable materials for
screening or ornamenting the site. The applicant would like this condition removed
because it was not part of the original conditions. Staff would like the site to remain
landscaped and does not support the request to remove the condition.
Parking and Site Circulation: The site includes a minimum of 50 parking spaces, in
accordance with the 2009 Traffic Study and Peer Review. Vehicles enter the site through
the southern (right side) driveway and exit the driveway through the northern
driveway. Drivers can queue up along the southern drive aisle while waiting to park
their vehicle or drop off participants. As recommended by the Fire Department following
a site visit, a new condition has been added to the Resolution requiring a 'no parking-fire
lane' zone on the south side of the building. The area shall be marked on the ground and
additional signage shall be posted to assert the restriction. The applicant painted fire lane
markings on the portion of the driveway adjacent to the south side of the building and has
been verified by staff.
Early Morning / Late Evening Parking: The November 2009 Resolution limited parking
to the front parking lot prior to 7:00 am (in the case that earlier hours were approved
by staff following appropriate traffic analysis). The December 2014 Resolution, following
Commission direction, includes a condition that all parking, including both staff and
patron parking, shall be limited to the front parking lot between the hours of 6:00 am and
9:00 am and for patrons arriving after 9:00 pm unless the front parking lot is full. Staff has
added “unless the front parking lot is full” language so that those entering prior to 9:00
pm do not have to move their cars and there is no confusion about where to park if the
front lot is full. The applicant indicates that there are patrons who stay later than 9:00 pm and
that there are more lap swimmers at night than in the early morning. The condition
includes an exception for health and safety needs, such as if emergency vehicles require
access or other emergencies arise.
Early Morning / Late Evening Entrance: The proposed Resolution includes a condition
that the rear door of the building be locked to prevent entrance from the outside between the
hours of 6:00 am and 9:00 am and after 9:00 pm while maintaining the ability to exit the
facility from the rear door at all times. The condition includes an exception for health
and safety needs. This is a new condition to reinforce the parking restrictions, as
directed by the Commission. Staff has also verified with the Fire Department that there
is no need to keep both doors open for entrance, but they must remain open from the
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inside for existing. The Resolution also includes a requirement for signs to be posted
in the parking areas and near both entrances/exits reminding staff and patrons to be quiet and
respectful of neighbors. The applicant has installed signs on the light poles in the rear parking
lot and along the rear fences with text reminding staff and patrons to be quiet and the
installation of these signs has been verified by staff.
The applicant notes that the number of patrons arriving after 9:00 pm exceeds the available
parking spaces in the front parking lot; which would force patrons arriving after 9:00 pm
to park in the rear lot and walk around the building to the front entrance. Furthermore, the
original conditions of approval did not require any evening restrictions, and the evening
hours are not being changed.
Approximate number of patrons arriving before 9am: ~5-10
Approximate number of patrons arriving after 9pm: ~ 20-40 (including members and
students)
Number of paid memberships: ~ 200
Approximate number of ‘walk in’ patrons on average: ~ 10-20
Neighbor Notification and Correspondence: A public notice for the November 12,
2014 Planning Commission meeting was sent to property owners within 500 feet of the site
(Attachment 5). Staff received email correspondence from Mr. Ye at 12236 Kirkdale
Drive, whose home is located near the rear of the project site. Mr. Ye expressed concerns
about noise and lights in the rear parking lot, privacy due to fence height between his
property and the swim center, and landscaping between his property and the swim
center. This neighbor proposed several methods that could address his concerns,
including building an 8-foot tall masonry wall (or increasing the height of the existing
fence to 8 feet) between his property and the swim center, adding a five-to ten-foot
wide landscape buffer of trees between his property and the swim center, limiting
parking to staff only along the fence between his property and the swim center, educating
patrons about minimizing noise to adjacent neighbors, adding a motion sensor and
shield to the light fixture in the rear parking lot, and installing a gate at the entrance and
exit (Attachment 6).
The Planning Commission has recommended new conditions of approval to address some
of the neighbor’s requests, including requiring staff and patrons to park in the front lot
prior to 9:00am and when arriving after 9:00 pm requiring exterior light fixtures to be
shielded and timed to turn off between the hours of 11:15 pm and 9:00 am and requiring
signage encouraging patrons to be courteous of neighbors. Some of these conditions were
also intended to alleviate future impacts on residents of the condominium project
currently under construction to the south of the site.
No additional correspondence was received following the November 12, 2014 meeting.
Staff does not have any record of any other letters or complaints from neighbors over the
five years the swim club has been in operation.
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Use Permit Findings
The findings required for issuance of a Use Permit are set forth below. Staff believes the
Applicant’s Project has met the burden of proof to support the Findings required for
approval of a Use Permit under Article 15-55 of the City Code, pursuant to the modified
conditions, as set forth below:
Finding #1: The Project meets the objectives of the Zoning Ordinance and the purposes
of the zoning district in which the site is located. The facility is a conditionally
permitted use in all commercial districts. One purpose of the commercial district is to
provide space for community facilities. The swimming facility received conditional use
permit approval is October 2009.
Finding #2: The Project will not be detrimental to the public health, safety or
welfare, nor materially injurious to properties or improvements in the vicinity. The
use permit includes conditions of approval to ensure compliance with all applicable
health and safety codes and Building and Fire Department requirements. The 2009
parking and traffic analysis determined that the project would not have a significant impact
at either signalized study intersection; installation of a traffic signal at the unsignalized
intersection would not be warranted based on project traffic volumes; and the project
would not have a significant impact on any of the study freeway segments according
to Congestion Management Program standards for freeway operation. Furthermore, the
peak parking demand in 2009 was found to be four (4) spaces per 1,000 sf of building size,
or 50 parking spaces for a 12,500 sf building, as provided. The City’s traffic engineer
reviewed and confirmed a November 2014 letter from the applicant’s traffic consultant that
the trip generation count associated with lap swimming between 6:00 – 9:00 am would be
negligible. As conditioned, the property shall maintain a 'no parking-fire lane' zone on
the south side of the building. Additional conditions are provided to assure that parking
at early and late hours is as far from residential uses as possible and that lighting impacts
on neighbors are further limited.
Finding #3: The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance. The use permit includes conditions of approval to
ensure compliance with zoning requirements. Any intensification of this use will
require an amended Conditional Use Permit. The facility complies with all required
setbacks, height limitations, and building coverage limitations. Landscaping is in
accordance with the City Code which states that an area not less than ten feet in depth
along all property lines that abut a street shall be landscaped with plant materials and/or
improved with sidewalks or pathways as required by the Planning Commission and all
planting materials shall permanently be maintained by the owner or occupant of the site.
Furthermore, there is a solid wall/fence at least six feet in height as measured from the
parking lot and including the five-foot deep / 18-inch high retaining wall/landscape area.
The fence is covered with “plant materials suitable for ensuring privacy, screening
unsightliness and insulating adjacent properties against noise” along the adjoining
residential property line.
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Finding #4: The proposed conditional use will not adversely affect existing or
anticipated uses in the immediate neighborhood, and will not adversely affect
surrounding properties or the occupants thereof. The use would be located entirely
within a building. Residential uses to the east are screened by a wall/fence covered in ivy,
while residential uses to the north are screened by a masonry wall. As conditioned, noise
from the parking lot would be minimized by requiring early and late hour parking to be as
far from residential uses as possible. All exterior light fixtures shall be shielded to prevent
excessive glare or direct illumination onto adjacent properties and public street rights of way,
while light fixtures in the rear parking lot shall be timed to turn off between the hours of
11:15 pm and 9:00 am.
ATTACHMENTS:
1. CUP 14-0008 Resolution of Approval 14-053, dated March 11, 2015.
2. Conditions of Approval Comparison
3. Letter from Applicant dated December 2014.
4. Resolution of Approval, dated October 14, 2009 (to be superseded)
5. Public Notice for November 12, 2014 meeting.
6. Exhibit A – 2009 Development Plans (approved by Planning Commission)
7. Exhibit B – 2010 Landscape, Irrigation, and Lighting Plans
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This is a placeholder document for the report "Attachment 1 - Resolution". There was an error in the
publishing process and it could not be converted to PDF.
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“Saratoga Star Aquatics” Swimming Facility - Conditional Use Permit
2009 – 2015 Comparison of Conditions of Approval
2009 Conditions 2015 Conditions Notes
1. The Planning Commission shall retain continuing jurisdiction over the Conditional Use
Permit and Design Review and may, at any time, modify, delete, or impose any new
conditions of the permit to preserve the public health, safety, and welfare.
Continuing jurisdictions of Planning Commission and Director. The Planning Commission
and Director, as applicable shall, in all cases, retain continuing jurisdiction over each
conditional use permit and may at any time, either independently or in response to an
application or request to do so, modify or delete any conditions of a conditional use permit or
impose any new conditions if the Commission or Director determines that such action is
necessary in order to preserve a substantial right of the applicant, or to preserve the public
health, safety or welfare, or to prevent the creation or continuance of a public nuisance, or
where such action is necessary to preserve or restore any of the findings set forth in City Code
Section 15-55.070.
A conditional use permit may be revoked by the Planning Commission upon a determination
that the holder of the permit has failed to comply with any condition thereof or has violated
any applicable provision of City Code. Violations of the City's laws and regulations may be
subject to an Administrative Citation and fines pursuant to Saratoga City Code Article 3-30.
Language updated to
reflect current
language used in 2014
2. Any intensification of this use shall require an amended Conditional Use Permit. Examples
of intensification of use include, but are not limited to physical changes to the site or structure
of the use to accommodate more employees or customers and changes in operations or
equipment that result in ongoing increases in traffic, noise, or other physical effects.
Any intensification of this use shall require a new Conditional Use Permit. Examples of
intensification could include, but are not limited to physical changes to the site or structures on
the site to accommodate more employees or customers, and/or changes in operations or
equipment that result in ongoing increases in traffic, noise, or other physical effects.
Generally the same
3. Conditions may be modified only by the planning commission unless modification is
expressly otherwise allowed by the city code including but not limited to section 16-05.035,
as applicable.
Conditions may be modified only by the Planning Commission unless modification is
expressly otherwise allowed by the City Code including but not limited to section 16-05.035,
as applicable.
Generally the same
4. The Community Development Director shall mail to the Owner/Applicant a notice in writing,
on or after the time this Resolution of Approval is duly executed by the City, containing a
statement of all amounts due to the City in connection with this application, including all
consultant fees (collectively “processing fees”). This approval or permit shall expire sixty
(60) days after the date said notice is mailed if all processing fees contained in the notice have
not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may
be issued until the Community Development Director certifies that all processing fees have
been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained).
The Owner and Applicant will be mailed a statement, after the time the Resolution granting
this approval is duly executed, containing a statement of all amounts due to the City in
connection with this application, including all consultant fees (collectively “processing fees”).
This approval or permit shall expire sixty (60) days after the date said notice is mailed if all
processing fees contained in the notice have not been paid in full. No Zoning Clearance or
Demolition, Grading, or Building Permit may be issued until the processing fees have been
paid in full (and, for deposit accounts, a surplus balance of $500 is maintained).
Generally the same,
reflects current
language used in 2014
5. A Building Permit must be issued and construction commenced within 36 months from the
date of adoption of this Resolution or the Design Review and Use Permit will expire unless
extended in accordance with the City Code.
No longer applicable
6. The use shall at all times operate in compliance with all applicable regulations of the State,
County, City and/or other governmental agencies having jurisdictional authority over the use
pertaining to, but not limited to, health, sanitation, safety, and water quality issues. The
Project shall maintain compliance with all applicable requirements of the State, County, City
and other governmental entities having jurisdiction.
The Project shall maintain compliance with all applicable regulations of the State, County,
City and/or other governmental agencies having jurisdiction including, without limitation,
public health, safety, welfare, sanitation, water quality issues, and the requirements of the
Saratoga Zoning Regulations incorporated herein by this reference.
Generally the same,
reflects current
language used in 2014
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2009 Conditions 2015 Conditions Notes
7. Prior to issuance of any demolition, grading, or building permit to implement this Use Permit
approval the Applicant shall obtain a “Zoning Clearance” from the Community Development
Director by submitting final plans for the requested permit to the Community Development
Department for review to ascertain compliance with the requirements of this Resolution.
Six Month Review. The Planning Commission will review this Use Permit at a regularly
scheduled Planning Commission meeting in August 2015 to ensure that the holder of the
permit has complied with all of the conditions of approval. In accordance with City Code
Article 3-30 and Section 15-55.070, the Planning Commission may modify, delete or
impose new conditions or revoke this conditional use permit at any time.
New Condition to
reflect direction by
Planning Commission
Previous condition is
no longer applicable
8. Agreement to Indemnify, Hold Harmless and Defend City as to Action Challenging Approval
of Application and as to Damage from Performance of Work Authorized by Design Review
Approval. As a condition of this Approval, Owner and Applicant hereby agree to defend,
indemnify and hold the City and its officers, officials, boards, commissions, employees,
agents and volunteers harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any action
on the subject application, or any of the proceedings, acts or determinations taken,
done or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
grading work by the Owner and/or Applicant, their successors, or by any person
acting on their behalf.
In addition, prior to any Zoning Clearance from the Community Development Director,
Owner and Applicant shall execute a separate agreement containing the details of this
required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior
approval as to form and content by the Community Development Director.
As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and
hold the City and its officers, officials, boards, commissions, employees, agents and volunteers
harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any action
on the subject application, or any of the proceedings, acts or determinations taken, done
or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
grading work by the Owner and/or Applicant, their successors, or by any person acting
on their behalf.
In addition, Owner and Applicant shall execute a separate agreement containing the details of
this required Agreement to Indemnify, Hold Harmless and Defend, which shall be subject to
prior approval as to form and content by the City Attorney.
Generally the same,
reflects current
language used in 2014
Compliance with Plans and Description of Use. The use and development shall be operated,
located and constructed to include those features, and only those features, as shown on the
Approved Plans denominated Exhibit "A" date stamped October 06, 2009, incorporated by this
reference. All proposed changes to the Approved Plans and Description of Use must be submitted
in writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to the requisite prior City approval.
Compliance with Plans and Description of Use. The use and development shall be
operated, located and constructed to include those features, and only those features, as shown
on the Approved Plans denominated Exhibit "A" dated September 9, 2009 and the Landscape,
Irrigation, and Lighting Plans denominated Exhibit "B" each dated February 2, 2010,
incorporated by this reference. All proposed changes to the Approved Plans and Description of
Use must be submitted in writing with plans showing the changes, including a clouded set of
plans highlighting the changes. Such changes shall be subject to City approval.
Generally the same
Includes language
regarding lighting and
landscape plans
submitted in 2010
Business Hours. The business shall operate as represented on the plans marked “Exhibit A” and
the allowed hours of operation shall be from 9:00 a.m. to 11:00 p.m. Any change in hours of
operation would require an update to the Traffic Impact Analysis (TIA). The Community
Development Department may approve a change to the approved hours of operation if the TIA
indicates that no significant impacts would result from the revised hours of operation. Under no
circumstance, unless otherwise approved by the Planning Commission, shall the business open
any earlier than 5:00 am.
Parking would be restricted to the front parking lot between the hours of 5:00am and 7:00 am.
Hours of Operation.
a. Business Hours. The business shall operate as represented on the plans marked “Exhibit A”
and the allowed hours of operation shall be from 6:00 a.m. to 11:00 p.m.
b. Parking Hours.
i. All parking, including both staff and patron parking, shall be limited to the front
parking lot between the hours of 6:00am and 9:00am.
ii. All staff and patrons arriving at 9:00pm or later in the evening shall parking in the
front parking lot, unless the front parking lot is full.
iii. The above conditions do not preclude parking in the event of an emergency.
Amended to reflect
direction by Planning
Commission
Business Entrance. All staff and patrons shall enter the facility through the front entrance
between the hours of 6:00am and 9:00am and after 9:00pm. While maintaining the ability to
freely exit the facility from any door at all times, the rear door shall be locked to prevent
entrance from the outside between the hours of 6:00am and 9:00am and after 9:00pm. The
foregoing condition does not preclude emergency access and egress
New Condition to
reflect direction by
Planning Commission
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2009 Conditions 2015 Conditions Notes
Chain Link Fencing. The chain link fencing shall be constructed with a black coat finish. Fencing.
a. The black coated chain link fencing between the subject property and the property to the
right shall be maintained.
b. The solid wall / fence located along the property line between the subject property and
residential district(s) shall be maintained to minimize privacy impacts and insulate the
adjacent properties against excessive noise.
Amended to reflect
direction by Planning
Commission
Maintenance of landscaped areas. The applicant shall maintain landscaping and irrigation in
accordance with Exhibit B. The plant materials shall be suitable for screening or ornamenting
the site, whichever is appropriate, and plant materials shall be replaced as needed to screen or
ornament the site. Landscaped areas shall be watered, weeded, pruned, fertilized, sprayed or
otherwise maintained by the owner as may be prescribed by the Community Development
Director.
New Condition to
reflect direction by
Planning Commission
Exterior Lighting. All exterior light fixtures shall comply with the following conditions,
notwithstanding the minimum lighting necessary to ensure adequate safety, night vision, and
comfort:
a All exterior light fixtures shall be shielded to prevent excessive glare or direct illumination
onto adjacent properties and public street.
b All light fixtures in the rear parking lot denominated A-2, A-4, A-6, and A-8 in the
Lighting Plan (Exhibit B) shall be timed to turn off between the hours of 11:15pm and
9:00am.
New Condition to
reflect direction by
Planning Commission
Vent Screening. All vents protruding from the roof shall be painted a flat ‘dark grey’ color to
help conceal the vents from view.
New Condition to
reflect direction by
Planning Commission
Good Neighbor Signage. Signs shall be posted in the parking areas and near both
entrances/exits reminding staff and patrons to be quiet and respectful of neighbors.
New Condition to
reflect direction by
Planning Commission
Facility Management Phone Number. A phone number to contact facility management
during normal business hours shall be provided for questions, concerns, and complaints from
neighbors, City or other agency staff, or business patrons.
New Condition to
reflect direction by
Planning Commission
Fire Agency Conditions. Applicant shall comply with all Fire Agency Conditions. The
applicant should contact the hazardous materials specialist at the Fire Department regarding the
LPG tank onsite and any other hazardous materials associated with the proposed use.
Fire Department. The owner/applicant shall agree to all requirements of the Santa Clara
County Fire Department, as applicable, including but not limited to any hazardous materials or
equipment associated with the proposed use. As recommended by the Fire Department, the
property shall maintain a 'no parking-fire lane' zone on the south side of the building. The ‘no
parking-fire lane’ area shall be marked on the ground and additional signage shall be posted to
assert the restriction.
Amended to reflect
direction by Planning
Commission and
correspondence with
Fire Department
Building Department. Applicant shall comply with all building standards including any tenant
improvements necessary to comply with the building code.
Building Department. The owner/applicant shall agree to all requirements of the Saratoga
Building Department, as applicable.
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2009 Conditions 2015 Conditions Notes
Operations and Intensity of Use. The Institutional Facility shall comply with the following
operational limitations:
a. Number of Daily Swim Students - Max: 450 students per day
b. Number of Instructors - Max: 70 part time instructors
c. Number of Employees - Max: 85 part time employees
d. Number of Daily Classes - 90 per day with durations between 30-60 minutes
e. Number of Daily Members (swimming and gym use) - Max: 200 members
f. Number of Total Students - Max: 3,150 per week
g. Weekly Schedule of Classes
- Weekdays - 70 classes from 3:00 pm–8:15 pm
- Weekends - 90 classes from 10:00 am–8:00 pm
- Weekday Summer Camp Swim Classes (June-August) - 70 classes from 9:00 am–5:00 pm
h. Membership Schedule
- Weekdays: 6:00 am–2:00 pm/8:00 pm–11:00 pm
- Saturdays: 8:00 am–10:00 am/8:00 pm–11:00 pm
- Sundays: 8:00 am–10:00 am / 6:00 pm–11:00 pm
i. Competitive Swim Team Pool Use - Occasionally the competitive swim team can use the
pool for practice but only be during the times when pool space is available.
Amended to reflect
direction by Planning
Commission
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From:Yorke Lee
To:Cynthia McCormick
Cc:Curtis Williams
Subject:Our concerns on the proposed resolution on the swimming center project
Date:Wednesday, December 03, 2014 8:51:02 PM
Hi Cindy,
I have read your draft of the resolution and we have the following concerns on the proposed
resolution:
1. Regarding B. Parking hours of #9 Hours of Operation and #10 Business Entrance
As we all know our CUP approval of the business hours is until 11pm in 2009 and we have being run
our business during those hours and we do not see much issues and concerns on our normal
operation. We have already talked about some solutions on eliminating some noise and lighting
screening/timer control hours, but we really have issue if we need ask our members/families to park
in front parking lot and use front entrance from 9-11pm:
We know there will be always case that our staff, members, and students (who make up missing
classes) will be over limit of the front parking lots(14 lots) after 9pm, then whenever people over 14
will park to the back parking lot, they have to walk to front entrance to go into the facility. What is
the point of doing it? No anyone will be benefit of it: a/. It is not feasible to run our normal business
because our computer system/database/software/member scanning system are all in back entrance
desk, we cannot move all of them to the front door(in the morning hours we will try to bear with it
and we will just let people in since the number of morning lap swimmers are limited); b/. make no
sense to have members/student families park to the back and walk to front entrance, and c/. the
neighbors will not be benefit of it too.
This kind practice basically will stop our business and service from 9pm. Pool and club is for people
exercise and health, for the most of working class professionals, they can only do night time. Our
changed time/parking restriction will not just take our business away, but stop the service to many
of Saratoga residents. I can clearly foresee we and the city will get lots of complaints from them on
this restriction.
As we also can see, the noise is not too much issue to the majority of our neighbors. We have more
than 10 direct resident families next to our swimming center along the north and east side, but
there is only one family(Mr Ye) complaint on noise. As I said before that we have already tried to do
many things to reduce disturbance to the neighbors. But if we have to cut/change evening operation
and service, that is absolute overkill and hurt everyone else(Us as the commercial property owner
and members/families who need our service). Therefore it is not fair!
2. Regarding #11 Fencing and #12 Maintenance of Landscaped area
Our project plans were approved in 2009. It was a remodeling and onsite improvement project. We
did not do a new construction and the existing building was cut smaller than before, so the rear set
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back is bigger than before. As all other projects in Saratoga, there are always changes if you use the
previous standards to compare to the new ones, so we should respect the history. If we have to
always follow new changes, there will be no end for any projects. Therefore it is fair for us to follow
the conditional approval on those 2 items, it is not fair to add new conditions beyond the approved
plans.
Other than the above, we will try to be compliant with the other items and try our best to run our
business, serve the community and be a good neighbor as we always do.
Hope you could reflect your concerns and opinions to the planning commission and hope the
commission could consider our concerns and modify the resolution.
Thank you very much,
Sincerely
Yorke Lee
TimeSpace Saratoga Development LLC
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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 12th day of November 2014, 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: CUP 09-0014
ADDRESS: 12230 Saratoga-Sunnyvale Road
APPLICANT/OWNER: Time-Space Investment Development LLC
DESCRIPTION: The Planning Commission will be reviewing the conditions of approval for the
uses associated with the property at 12230 Saratoga-Sunnyvale Road. The existing swim center
(“Saratoga Star Aquatics”) received conditional use permit approval in 2009.
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, which go out the week before the
hearing, written communications should be filed before 10:00 a.m. Monday, November 3, 2014.
This notice has been sent to all owners of property within 500 feet of the project that is the subject
of this notice. The City uses the official roll produced by the County Assessor’s office annually, in
preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S.
Postal Service may result in notices not being delivered to all residents potentially affected by a
project. If you believe that your neighbors would be interested in the project described in this notice,
we encourage you to provide them with a copy of this notice. This will ensure that everyone in your
Community has as much information as possible concerning this project.
Cindy McCormick
Planner
(408) 868-1230
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