HomeMy WebLinkAbout04-22-15 Planning Commission Agenda PacketTable of Contents
Agenda 3
April 8, 2015
Draft Minutes 5
Application ELN15-0003, 11991 Brookridge Dr., (378-24-034),
Jeanne Calhoun - The applicant is proposing a remodel and
additions to a legal non-conforming one story single-family
residence located at 11991 Brookridge Dr. The structure is
classified as nonconforming because it encroaches into the front
setback area by 7 inches, the left side setback area by 2 inches,
and the right side setback area by 0.5 inches.
Staff Report 11991 Brookridge Dr 6
Att 1 Resolution 8
Att 2 Plan Set 12
Application MOD15-0002; 19227 San Marcos Rd. (503-29-037);
Kislyi / DeMattei – The applicant has requested to construct a
399 sq. ft. open cabana and 399 sq. ft. pool house (second
dwelling unit) on an existing site that currently has a 5,719 sq. ft.
main residence. The proposed new total of floor area on the
site would be 6,119 sq. ft. The height of the cabana and pool
house will not exceed 12 feet in height. Per City Code Section
15-45.060 (6), any project that increases the cumulative floor
area of all structures on site to more than six thousand sq. ft.
requires Planning Commission review. Two trees protected by
City Code are proposed for removal. Both trees have been
permitted to be removed by the City Arborist. The site is
approximately 52,000 sq. ft. and the property is zoned R-1-
40,000. Staff contact: Michael Fossati (408) 868-1212.
Staff Report - 19227 San Marcos 16
Att 1 Resolution 21
Att 2 Arborist Report 26
Att 3 Plan Set 19227 San Marcos 35
Application APTR15-0001 – 20070 Edinburgh Drive (393-31-
010); Li – A Saratoga resident is appealing the removal of one
blue atlas cedar tree growing in the front yard (tree removal
permit application TRP15-0065). The owner of the tree applied
to remove one blue atlas cedar tree in good health because it
lifted the walkway around the house and the driveway.
Inspection found multiple roots under the walkway once it was
removed and a root where the driveway as raised. The tree
grows close to the walkway and corner of the house. The permit
application was found by the City Arborist to meet the criteria
permitting removal and replacement. Staff contact: Kate Bear
(408) 868-1276.
Memo 43
Letter from appellant 44
Email from homeowner 45
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Application CUP14-0009/PDR15-0003;12600 Saratoga
Avenue/386-14-003; Abe Kaabipour & Black & Veatch; The
applicant is requesting a modification of the existing Conditional
Use Permit and approval of a Design Review application to
install a hydrogen fuel cell and dispenser at the service station.
The additional dispenser and related equipment will be located
behind the existing sales office building in a screened enclosure
and adjacent to the northwest property line. The site is 22,500
square feet and is zoned R-M-5,000. Staff Contact: Christopher
Riordan (408) 868-1235.
Staff Report 46
Attachment 1 - Resolution 105
Attachment 2 - Existing Conditional Use Permit 110
Attachment 3 - List of cities with hydrogen fueling
facilities 113
Attachment 4 - Background information and technical
data 114
Attachment 5 - City Arborist Report 119
Attachment 7 - Sheriff's data 127
Attachment 8 - Neighbor Notification Forms 128
Attachment 9 - Neighorhood outreach material 133
Attachment 10 - Written Public Comments 142
Attachment 11- Public hearing notice 147
Attachment 12 - Photo Simulations 152
Attachment 13 - Development Plans 157
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AGENDA
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, April 22, 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 April 8, 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 ELN15-0003, 11991 Brookridge Dr., (378-24-034), Jeanne Calhoun - The applicant is
proposing a remodel and additions to a legal non-conforming one story single-family residence located at
11991 Brookridge Dr. The structure is classified as nonconforming because it encroaches into the front
setback area by 7 inches, the left side setback area by 2 inches, and the right side setback area by 0.5
inches.
Recommended action:
Adopt Resolution No. 15-010 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 MOD15-0002; 19227 San Marcos Rd. (503-29-037); Kislyi / DeMattei – The applicant has
requested to construct a 399 sq. ft. open cabana and 399 sq. ft. pool house (second dwelling unit) on an
existing site that currently has a 5,719 sq. ft. main residence. The proposed new total of floor area on the
site would be 6,119 sq. ft. The height of the cabana and pool house will not exceed 12 feet in height. Per
City Code Section 15-45.060 (6), any project that increases the cumulative floor area of all structures on
site to more than six thousand sq. ft. requires Planning Commission review. Two trees protected by City
Code are proposed for removal. Both trees have been permitted to be removed by the City Arborist. The
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site is approximately 52,000 sq. ft. and the property is zoned R-1-40,000. Staff contact: Michael Fossati
(408) 868-1212.
Recommended action:
Adopt Resolution No. 15-009 approving the project subject to conditions of approval.
2. Application APTR15-0001 – 20070 Edinburgh Drive (393-31-010); Li – A Saratoga resident is appealing
the removal of one blue atlas cedar tree growing in the front yard (tree removal permit application TRP15-
0065). The owner of the tree applied to remove one blue atlas cedar tree in good health because it lifted the
walkway around the house and the driveway. Inspection found multiple roots under the walkway once it
was removed and a root where the driveway as raised. The tree grows close to the walkway and corner of
the house. The permit application was found by the City Arborist to meet the criteria permitting removal
and replacement. Staff contact: Kate Bear (408) 868-1276.
Recommended action:
Appellant requested to withdraw the application.
3. Application CUP14-0009/PDR15-0003;12600 Saratoga Avenue/386-14-003; Abe Kaabipour & Black &
Veatch; The applicant is requesting a modification of the existing Conditional Use Permit and approval of a
Design Review application to install a hydrogen fuel cell and dispenser at the service station. The
additional dispenser and related equipment will be located behind the existing sales office building in a
screened enclosure and adjacent to the northwest property line. The site is 22,500 square feet and is zoned
R-M-5,000. Staff Contact: Christopher Riordan (408) 868-1235.
Recommended action:
Staff recommends the Planning Commission approve the application to modify the existing Conditional
Use Permit and approve the Design Review application by adopting the attached resolution with a
determination that the project is categorically exempt from CEQA. Staff is recommending the conditions of
approval included in the prepared resolution.
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 April 16, 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, April 8, 2015
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777
FRUITVALE AVENUE
ROLL CALL
PRESENT Commissioners Sunil Ahuja, Wendy Chang, Kookie Fitzsimmons, Joyce Hlava,
Dede Smullen, Tina Walia, Chair Leonard Almalech
ABSENT None
ALSO PRESENT Erwin Ordoñez, Community Development Director
ELECTION OF CHAIR AND VICE CHAIR
HLAVA/SMULLEN NOMINATED COMMISSIONER ALMALECH CHAIR OF THE
PLANNING COMMISSION. AYES: AHUJA, CHANG, FITZSIMMONS, HLAVA SMULLEN,
WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: ALMALECH.
ALAMALECH/CHANG NOMINATED COMMISSIONER SMULLEN VICE CHAIR OF THE
PLANNING COMMISION. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA,
WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: SMULLEN.
APPROVAL OF MINUTES
Approve Action Minutes from the Regular Planning Commission Meeting of March 25, 2015.
Action:
SMULLEN/CHANG MOVED TO APPROVE THE MARCH 25, 2015 MINUTES. MOTION
PASSED. AYES: ALMALECH, CHANG, FITZSIMMONS, SMULLEN, WALIA. NOES: NONE.
ABSENT: NONE. ABSTAIN: AHUJA, HLAVA.
DIRECTOR/COMMISSION COMMUNICATION
Director Ordoñez updated the Commission on City Council action on short-term rentals study issue.
Commissioner Smullen requested future updates on the Farmer’s Market opening.
ADJOURNMENT
HLAVA/AHUJA MOVED TO ADJOURN AT 7:06 PM. AYES: AHUJA, ALMALECH, CHANG,
FITZSIMMONS, HLAVA SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.
5
PLANNING COMMISSION
MEMORANDUM
Meeting Date: April 22, 2015
Application: ELN15-0003
Location / APN: 11991 Brookridge Dr /378-24-034
Owner/Applicant: Jeanne A. Calhoun
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 49% 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. 15-010 approving the major alteration subject
to conditions of approval.
PROJECT DESCRIPTION: The applicant is proposing a remodel and addition to a legal non-
conforming one story single-family residence located at 11991 Brookridge Dr. The structure is
classified as nonconforming because it encroaches into the front setback area by 7 inches, the left
side setback area by 2 inches, and the right side setback area by 0.5 inches.
The project will result in the increase of 67 cumulative square feet, which accounts for new spaces
and the removal of an existing sunroom. The project consists of a 64 square feet addition at the front
of the house to accommodate a larger living/dining room. The second area of expansion consists of
148 square feet added to the rear and left side of the house for the Master Bedroom. An existing
sunroom in the backyard is proposed to be rebuilt as a smaller space that is integrated with the
existing style of the residence. The facades of the new areas have been designed to match the style,
material and colors of the existing structure.
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 $480,720,
while the value of the construction being proposed is $235,903, or approximately 49% 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.
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PROJECT DATA:
Net Site Area: 10,827 SF
Zoning District: R-1-10,000
Proposed Allowed/Required
Total Site Coverage 5,364 sq. ft. (49%) 60% Max.
Total Floor Area 2,382 sq. ft. 3,370 sq. ft. Max.
Height 16 ft. - 10 in. 26 ft. Max.
Setbacks
Front:
Left Side:
Right Side:
Rear:
24’-5”
9’-10”
9’-11.5”
54’-10.5”
25’
10’
10’
25’
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. The project does not perpetuate the useful life of nonconforming portions of the structure.
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. Development Plans (Exhibit "A")
Page 2 of 2
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RESOLUTION NO: 15-010
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING AN APPLICATION (ELN 15-0003) FOR A REMODEL AND ADDITION TO
A NON-CONFORMING SINGLE-FAMILY DWELLING LOCATED AT
11991 BROOKRIDGE DR, SARATOGA CA 95070 (378-24-034)
WHEREAS, on February 25, 2015 an application was submitted by Jeanne A. Calhoun
requesting approval for the alteration of a legal non-conforming single-family residence located
at 11991 Brookridge Dr. The structure is classified as nonconforming because it encroaches into
the front setback area by 7 inches, the left side setback area by 2 inches, and the right side
setback area by 0.5 inches.
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 April 22, 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.
8
Resolution No. 15-010
Section 5: The City of Saratoga Planning Commission hereby approves ELN15-0003
located at 11991 Brookridge Dr subject to the Findings, and Conditions of Approval attached hereto
as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 22nd day of
April 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Leonard Almalech
Chair, Planning Commission
9
Resolution No. 15-010
Exhibit 1
CONDITIONS OF APPROVAL
ELN15-0003
11991 Brookridge Dr / 378-24-034
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. 15-010
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. Expiration. Construction must be commenced within 36 months of the date of this approval, or
the resolution will expire.
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.
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15
REPORT TO
THE PLANNING COMMISSION
Meeting Date: April 22, 2015
Application: MOD15-0002
Location / APN: 19227 San Marcos Road / 397-13-004
Owner/Applicant: Kislyi
Staff Planner: Michael Fossati
19227 San Marcos Road
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Page 2 of 5
Summary
PROJECT DESCRIPTION: The project applicant is requesting to modify an existing Design Review
approval by the Planning Commission in June of 2012 which allowed the construction of a 5,721
sq. ft. two-story single family home. After the home was built, ownership changed hands. The new
owners have proposed to redesign the rear yard by proposing a swimming pool, open cabana, and
second dwelling unit. The construction of a 399 sq. ft. second dwelling unit would increase the
total floor area of structures on-site to 6,119 sq. ft. Planning Commission review is required by the
City Code if the floor area of proposed structures is 6,000 sq. ft. or greater.
Two trees protected by City Code are proposed for removal as part of the project. The City Arborist
has reviewed and approved the removal of the trees. The net site area of the property is 47,453 sq.
ft. and the parcel is zoned R-1-40,000.
S TAFF RECOMMENDATION: Adopt Resolution No. 15-009 approving the project subject to
conditions of approval.
Design Review Approval by the Planning Commission is required pursuant to City Code Section
15-45.060(a)(6).
PROJECT DATA:
Gross/Net Site Area: 51,983 / 47,453 SF
Average Site Slope: 6.6%
General Plan Designation: RVLD
Zoning: R-1-40,000
Grading: N/A
Proposed Allowed/Required
Proposed Site Coverage
Residence / Garage
2nd Dwelling Unit (N)
Driveway
Open Cabana (N)
Patio / Walk / Landing
Pool / Coping / Deck (N)
Add. Walkways (N)
Total Proposed Site Coverage
3,473 sq. ft.
399 sq. ft.
3,264 sq. ft.
399 sq. ft.
360 sq. ft.
1,335 sq. ft.
3,361 sq. ft.
12,591 sq. ft. (27%)
16,609 sq. ft.
(35%)
Floor Area
Main House
First Floor
Second Story
Garage
Secondary Dwelling Unit
Total Floor Area
2,667 sq. ft.
2,248 sq. ft.
806 sq. ft.
399 sq. ft.
6,120 sq. ft.
6,160 sq. ft.
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Page 3 of 5
Height (2nd Dwelling Unit)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
Total Proposed Height
397.9
397.9
397.9
409.6
(11 ft. 8 in.)
26 ft
Setbacks
2nd Dwelling Unit
Front
Left
Right
Rear
276’
26’
51’
199’
30’
20’
20’
50’
PROJECT DESCRIPTION AND SITE CHARACTERISTICS
Site Description: The project site is located at 19227 San Marcos Road. Surrounding uses
include West Valley College to the north, single-family homes to the east and west, and
Saratoga Retirement Community to the south. Site access is provided by a private
driveway that connects from Oddfellows Drive. The site is located at the end of the San
Marcos Road. The site is visible from San Marcos Road and Oddfellows Drive (both
private drives).
Project Description and Architectural Style: The project include the construction of a
new swimming pool, pool cabana and second dwelling unit and removal of two trees.
The design of both structures is similar to the exteriors, colors and architecture of the
main dwelling.
Materials and Colors:
Detail Colors and Materials
Exterior Mocha Beige colored stucco
Window Trim Mudpie colored wood-clad
Wood Trim and Brackets Cafe au Lait stain
Roof Tuscany Blend clay tile
Trees: A total of two protected trees would be impacted by the project. Both of those
trees have been reviewed and approved by the City Arborist for removal. These include a
small Coast live oak (7 inch diameter) and a Yellow willow (16 inch diameter). The
remaining 17 trees in the vicinity (or partial vicinity) of the project that have been
inventoried would remain. Those existing trees would be protected with tree protection
fencing and the applicant would be required to place a monetary deposit with the City of
the value of the trees to be protected. Details of the arborist findings and descriptions of
the tree to be removed are included in the Arborist report which is included as
Attachment #2.
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Page 4 of 5
Neighbor Notification and Correspondence: The applicant did not provide staff with
neighbor notification forms. The project is of a lower profile and the location of the
proposed work is significantly setback from adjacent properties and exceeds required
setbacks. A Public Notice was sent to property owners within 500 feet of the site. Staff has
not received any additional concerns to date.
FINDINGS
Design Review Findings - The Planning Commission shall not grant design review
approval unless it is able to make the following findings. These findings are in addition to
and not a substitute for compliance with all other Zoning Regulations (which constitute the
minimum requirements, as provided in City Code Section 15-05.050).
1. Site development follows the natural contours of the site, minimizes grading, and
is appropriate given the property’s natural constraints. This finding can be made
in the because the foundation proposed for the structures and the relative flatness of
the site would allow development that does not require significant grading and can
allow the applicant to follow the natural contours of the site.
2. All protected trees shall be preserved, as provided in Article 15-50 (Tree
Regulations). If constraints exist on the property, the number of protected trees,
heritage trees, and native trees approved for removal shall be reduced to an
absolute minimum. Removal of any smaller oak trees deemed to be in good
health by the City Arborist shall be minimized using the criteria set forth in
Section 15-50.080. This finding can be made in the affirmative in that the project has
been designed to reduce impacts to a minimum number of protected trees. Two trees
have been proposed for removal, but the applicant has proposed to protect 17 other
trees on the site. The applicant would also be conditioned to plant new trees,
appraised at a value of the $2,200, on the site prior to final arborist approval.
3. The height of the structure, its location on the site, and its architectural elements
are designed to avoid unreasonable impacts to the privacy of adjoining
properties and to community viewsheds. This finding can be made because the
proposed structure would be unseen from the public right of way. The architectural
elements are complimentary to the main residence and natural surroundings. The
height will be no taller than 12 feet from natural grade, which will add to decrease
impacts on privacy of adjoining properties.
4. The overall mass and the height of the structure, and its architectural elements
are in scale with the structure itself and with the neighborhood. This finding can
be made because the design of the structure has low profile height of 12 feet.
Furthermore, the second dwelling unit is completely architecturally compatible to the
main residence. For example, the proposed roof tile, exterior stucco, copper gutters,
fascia trim, and inset windows all match the elements of the main residence.
5. The landscape design minimizes hardscape in the front setback area and
contains elements that are complementary to the neighborhood streetscape. This
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Page 5 of 5
finding can be made because the project, as proposed, would not require additional
hardscape within the front setback to what is already utilized.
6. Development of the site does not unreasonably impair the ability of adjoining
properties to utilize solar energy. This finding can be made because the limited
height of the structure and its distance from the adjoining properties are both factors
on how the project would not impair the ability of adjoining properties of solar
access.
7. The design of the structure and the site development plan is consistent with the
Residential Design Handbook, pursuant to Section 15-45.055. This finding may be
made in the affirmative in that the proposed project conforms to the applicable design
policies and techniques in the Residential Design Handbook in terms of compatible
bulk, and avoiding unreasonable interference with privacy and views as detailed in the
findings above.
8. On hillside lots, the location and the design of the structure avoid unreasonable
impacts to ridgelines, significant hillside features, community viewsheds, and is
in compliance with Section 15-13.100. This finding is not applicable to the project
as the site is not classified as a hillside lot.
Environmental Determination: The project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New
Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA).
This exemption allows for the construction of up to three single-family residences and no
exception to that exemption applies.
STAFF RECOMMENDATION: Adopt Resolution No. 15-009 approving the project subject
to conditions of approval.
ATTACHMENTS:
1. Resolution
2. Arborist Report
3. Development Plans
20
RESOLUTION NO. 15-009
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
FOR DESIGN REVIEW NO. MOD15-0002 APPROVING A NEW SECOND
DWELLING UNIT LOCATED AT 19227 SAN MARCOS RD (APN 397-13-004)
WHEREAS, an application was submitted by DeMattei Construction, in order to build a
399 sq. ft., 11 foot 8 inch tall, Second Dwelling Unit located at 19227 San Marcos Road.
Planning Commission Design Review approval is required because the project has proposed to
increase the cumulative floor area of all structures on a site to more than six thousand square
feet. 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 April 22, 2015, the Planning Commission held a duly noticed public
hearing on the subject application, and considered evidence presented by City staff, the
applicant, and other interested parties.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds,
determines and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference.
Section 2: The project is categorically exempt from the California Environmental Quality
Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of
Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the
construction of up to three single-family residences and no exception to that exemption applies.
Section 3: The project is consistent with the following Saratoga General Plan Policies:
Land Use Goal 13 which provides that the City shall use the Design Review process to assure
that the new construction and major additions thereto are compatible with the site and the
adjacent surroundings; Safety Element Site and Drainage Policy 3 which provides that the City
shall require that landscaping and site drainage plans be submitted and approved during Design
Review for a residence prior to issuance of permits; Land Use Element Goal 10 which minimizes
the impact of development proposals in hillside areas by requiring visual analyses and
imposition of conditions to prevent or reduce significant visual impacts; and Conservation
Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of
Saratoga by carefully considering the visual impact of new development.
Section 4: The project is consistent with the Saratoga City Code in that the design and
improvements are consistent with the design review findings in that the project’s site
development follows the natural contours of the site, minimizes grading, and is appropriate given
21
Resolution No. 15‐009 Page 2
the property's natural constraints; all protected trees shall be preserved, as provided in Article 15-
50 (Tree Regulations) and if constraints exist on the property, the number of protected trees,
heritage trees and native trees approved for removal shall be reduced to an absolute minimum
(there are no protected trees onsite); and the height of the structure, its location on the site, and
its architectural elements are designed to avoid unreasonable impacts to the privacy of adjoining
properties and to community view sheds; and the overall mass and the height of the structure,
and its architectural elements are in scale with the structure itself and with the neighborhood; and
the landscape design minimizes hardscape in the front setback area and contains elements that
are complementary to the neighborhood streetscape; and the development of the site does not
unreasonably impair the ability of adjoining properties to utilize solar energy; and the design of
the structure and the site development plan is consistent with the Residential Design Handbook,
pursuant to Section 15-45.055; and that if the project is a hillside lot, that the location and the
design of the structure avoid unreasonable impacts to ridgelines, significant hillside features,
community view sheds, and is in compliance with Section 15-13.100 of the City Code (the site is
not a hillside lot).
Section 5: The project is consistent with the Saratoga City Code in that two protected
trees that meet the criteria established in Section 15-50.080(a) are being removed and have been
reviewed by the City Arborist.
Section 6: The City of Saratoga Planning Commission hereby approves MOD15-0002
located at 19227 San Marcos Road (APN 389-13-004), 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 22nd day of
April 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Leonard Almalech
Chair, Planning Commission
22
Resolution No. 15‐009 Page 3
EXHIBIT 1
CONDITIONS OF APPROVAL
MOD15-0002
19227 SAN MARCOS RD. (APN: 389-13-004)
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.
23
Resolution No. 15‐009 Page 4
5. Construction must be commenced within 36 months of the date of this approval, or the
resolution 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 4, 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 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:
24
Resolution No. 15‐009 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.
CITY ARBORIST
14. Arborist report. All recommendations of the Arborist Report dated March 9, 2015 and all
other future updated reports, and incorporated herein by this reference shall be followed and
incorporated (in its entirety) into the plans.
25
Community Development Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
ARBORIST REPORT
Application No. ARB14-0021
Prepared by Kate Bear, City Arborist Site: 19227 San Marcos Road
Phone: (408) 868-1276 Owner: Eugene Kislyi
Email: kbear@saratoga.ca.us APN:503-29-037
Email:lkislaya@gmail.com
Report History:
Report 1
Date:
Plans received May 8, 2014
Report completed June 3, 2014
Report 2 Revised plans and comments received
August 19, 2014
Report completed September 2, 2014
Report 3 – this report replaces report 2 Revised plans received March 5, 2015
Report completed March 9, 2015
PROJECT SCOPE:
The applicant has submitted plans to the City to build a cabana and pool house.
Two trees (1 and 3) are requested for removal to construct the project. Both meet the criteria
allowing their removal and replacement to construct the project.
STATUS: Approved by City Arborist with attached conditions.
PROJECT DATA IN BRIEF:
Tree bond – Required = $54,660
For trees 2 and 4 – 19
Tree fencing – Required – See Conditions of Approval and attached map.
Tree removals – Trees 1 and 3 are permitted for removal once both a building
permit and a tree removal permit have been obtained.
Replacement trees – Required = $2,200 (four 24-inch box trees and one 15-gallon
tree) for trees 1 and 3.
1
26
19227 San Marcos Road
FINDINGS:
Tree Removals
Whenever a tree requires removal as part of a project, certain findings must be made and specific
tree removal criteria met. One coast live oak (tree 1) and one willow (tree 3) are requested for
removal as part of the project. They meet the tree removal criteria 1, 7 and 9. Attachment 3 contains
the tree removal criteria for reference.
Oak tree 1 is a young tree that grows with a significant lean and is in poor condition. Willow tree 3 is
in the building footprint for the cabana. There are many other trees on the property and these two
will be replaced as part of the project with new trees that are in better health.
Table 1: Summary of Tree Removal Criteria that are met
Tree No. Criteria met Criteria not met
1 1, 4, 7, 9 2, 3, 5, 6, 8
3 1, 4, 6, 7, 9 2, 3, 5, 8
Replacement Trees
The total appraised value of trees 1 and 3 is $2,200. New trees equal to this appraised value are
required as a condition of the project. This replacement requirement can be met by planting four 24-
inch box trees and one 15-gallon tree. It is acceptable to plant different sized trees as long as the total
replacement value is reached. Replacement trees may be planted anywhere on the property where
they do not encroach on surrounding trees. Replacement values for new trees are listed below.
New Construction
Based on the information provided, this project complies with the requirements for the setback of
new construction from existing trees under Section 15-50.120 of the City Code.
Tree Preservation Plan
This arborist report, once included in the final set of plans, satisfies the requirement for a Tree
Preservation Plan under Section 15-50.140 of the City Code.
ATTACHMENTS:
1. Plans reviewed
2. Tree inventory table
3. Tree removal criteria
4. Map showing tree locations
Replacement Tree Values:
15 gallon = $150 24 inch box = $500 36 inch box = $1,500
48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000
IMPORTANT
Copy this report onto a plan sheet and include
it in the final set of plans as verification of City
Arborist project approval.
2
27
19227 San Marcos Road Attachment 1
PLAN REVIEW:
Architectural Plans reviewed:
Preparer: DiMattei Construction, Inc.
Date of Plans: May 7, 2014, revised August 19, 2014, revised March 5, 2015
Sheet A-1 (3-5-15) Cover Sheet and Site Plan
Sheet A-2 (8-19-14, not resubmitted) Floor Plans, Elevations, and Sections
Sheet A-3 (5-8-14, not resubmitted) Photos of House
Sheet A-4 (5-8-14, not resubmitted) Grading Plan
Civil Plans reviewed:
Preparer: Giuliani and Kull, Inc.
Date of Plans: March 3, 2015
Sheet C-1 Notes and Legend
Sheets C-3 and C-4 Grading and Drainage Plan
Preparer: Robert J. Craig
Date of Plans: January 13, 2013
Sheet2 Topographic Map
TREE INFORMATION:
I visited the property on May 30, 2014 and inventoried 19 trees. Inventoried trees included
three coast live oaks (trees 1, 5 and 6), one valley oak (tree 2), two yellow willows (trees 3
and 4), and nine blue gum Eucalyptus (trees 7 – 19). Information on their condition, size,
and locations was collected. See Attachment 2 for a list of trees, their condition, and their
appraised values.
The Tree Inventory Table in Attachment 2 has been revised to reflect information provided
on the revised plans.
Appraised values were calculated using the Trunk Formula Method and according to the
Guide for Plant Appraisal, 9th Edition, published by the International Society of
Arboriculture (ISA), 2000. This was used in conjunction with the Species Classification and
Group Assignment, published by the Western Chapter of the ISA, 2004.
3
28
19227 San Marcos Road TREE INVENTORY TABLE Attachment 2
TREE
NO.TREE NAME Trunk Diameter (in,) - per Guide for Plant AppraisalEstimated Canopy Spread (ft.)Health Condition (100% = best, 0% = worst)Structural Integrity (100% = best, 0% = worst)Overall ConditionSuitability for Preservation (High/Moderate/Low)Intensity of Impacts (1 = Highest, 5 = Lowest)In Conflict with Proposed DesignOn Adjacent PropertyAppraised ValueCoast live oak
1 Quercus agrifolia 7 10 50 50 Poor Low High No No $580
Valley oak
2 Quercus lobata 20.5, 19.5 45 60 60 Fair High Moderate No No $22,600
Yellow willow
3 Salix lucida s. lasiandra 16 45 80 50 Fair High High Yes No $1,620
Yellow willow
4 Salix lucida s. lasiandra 23, 21.5, 17 45 70 50 Fair High Moderate No No $10,800
Coast live oak
5 Quercus agrifolia 24 20 80 80 Good High Low No No $8,400
Coast live oak
6 Quercus agrifolia 12 40 70 70 Good High Low No No $2,440
Blue gum eucalyptus Low/
7 Eucalyptus globulus 30 25 60 60 Fair High Moderate No Yes $930
Blue gum eucalyptus Low/
8 Eucalyptus globulus 40 30 60 60 Fair High Moderate No Yes $1,510
Blue gum eucalyptus Low/
9 Eucalyptus globulus 30 15 60 60 Fair High Moderate No Yes $930
Blue gum eucalyptus Low/
10 Eucalyptus globulus 30 20 60 60 Fair High Moderate No Yes $930
Blue gum eucalyptus Low/
11 Eucalyptus globulus 10 5 60 60 Fair High Moderate No Yes $110
Blue gum eucalyptus Low/
12 Eucalyptus globulus 24 12 60 60 Fair High Moderate No Yes $600
Blue gum eucalyptus Low/
13 Eucalyptus globulus 28 25 60 60 Fair High Moderate No Yes $810
Blue gum eucalyptus Low/
14 Eucalyptus globulus 18, 18, 17 30 60 60 Fair High Moderate No Yes $1,250
Blue gum eucalyptus Low/
15 Eucalyptus globulus 24, 18 25 60 60 Fair High Moderate No Yes $1,230
4
29
19227 San Marcos Road TREE INVENTORY TABLE Attachment 2
TREE
NO.TREE NAME Trunk Diameter (in,) - per Guide for Plant AppraisalEstimated Canopy Spread (ft.)Health Condition (100% = best, 0% = worst)Structural Integrity (100% = best, 0% = worst)Overall ConditionSuitability for Preservation (High/Moderate/Low)Intensity of Impacts (1 = Highest, 5 = Lowest)In Conflict with Proposed DesignOn Adjacent PropertyAppraised ValueBlue gum eucalyptus Low/
16 Eucalyptus globulus 20, 15 15 60 60 Fair High Moderate No Yes $780
Blue gum eucalyptus Low/
17 Eucalyptus globulus 10, 8 15 60 60 Fair High Moderate No Yes $210
Blue gum eucalyptus Low/
18 Eucalyptus globulus 10, 5, 5, 3 20 60 60 Fair High Moderate No Yes $290
Blue gum eucalyptus Low/
19 Eucalyptus globulus 16, 13, 12 30 60 60 Fair High Moderate No Yes $840
Total appraised value $56,860
Should any tree listed above be removed owner will be required to replace that tree with trees equal to its appraised value.
5
30
19227 San Marcos Road Attachment 3
CONDITIONS OF APPROVAL
1. It is the responsibility of the owner, architect and contractor to be familiar with the
information in this report and implement the required conditions.
2. This arborist report 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 Michael Young unless otherwise approved by the
City Arborist.
4. The Project Arborist shall visit the site every two weeks during grading activities and
monthly thereafter.
5. The Project Arborist shall be on site to monitor the following work:
a. All work within 20 feet of tree 2.
b. Installation of the drain lines by trees 4 – 19. Trenching shall be done using an air
spade.
c. Any permitted pruning or root pruning.
6. Tree Protection Security Deposit
a. Is required per City Ordinance 15-50.080.
b. Shall be $54,660 for tree(s) 2 and 4 – 19.
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 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.
6
31
19227 San Marcos Road Attachment 3
8. 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.
9. 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.
10. 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.
11. Stockpiling of construction materials or equipment, and the disposal of construction debris or
harmful products, is prohibited under tree canopies or anywhere on site that allows drainage to
areas under tree canopies.
12. Any permitted pruning or root pruning of trees on site shall be performed under the
supervision of the Project Arborist and according to ISA standards. No roots measuring two
inches or more in diameter may be cut without prior approval from the City Arborist.
13. Trees 1 and 3 meet the criteria for removal and may be removed and replaced once Building
Division permits have been obtained.
14. Both a tree removal permit and a building permit are required prior to the removal of trees 1
and 3.
15. Trees permitted for removal shall be replaced on or off site according to good forestry practices,
and shall provide equivalent value in terms of aesthetic and environmental quality, size, height,
location, appearance and other significant beneficial characteristics of the removed trees. The
value of the removed trees shall be calculated in accordance with the ISA Guide for Plant
Appraisal.
16. New trees equal to $2,200 shall be planted as part of the project before final inspection and
occupancy of the new home.
17. At least two new trees shall reach a height when mature of 35 feet or more.
18. Replacement values for new trees are listed below.
15 gallon = $150 24 inch box = $500 36 inch box = $1,500
48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000
19. The rest of the replacement trees may be planted anywhere on the property as long as they
do not encroach on retained trees.
20. Only drought tolerant plants that are compatible with oaks are permitted under the outer half
of the canopy of oak trees on site.
21. Water loving plants and lawns are not permitted under oak tree canopies.
7
32
19227 San Marcos Road Attachment 3
22. 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 following completion of the work.
23. At the end of the project, when the contractor wants to remove tree protection fencing and
have the tree protection security deposit released by the City, call City Arborist for a final
inspection.
8
33
19227 San Marcos Road
Legend
Tree Canopy
Tree Protection
Fencing
1
Attachment 4
2
3
4
6
5
8
9
10
11
7
15
16
17
18
19
12
13
14
No work is proposed for the back half of the property. If
work will be done under the canopy of a protected tree
City Arborist review and approval will be needed.
9
34
N
199'-1"276'-6"26'-6"20'-0"PROPOSED 399 SF
OPEN CABANA
TR EE PROTECTION
FEN CE
TREE LOC ATIONS AND IDENTIFIC ATION
FR OM RECENT ARBO RIST REPOR T F OR
CONSTRUC TION OF H OME.
33
#1
#3
#4
VA LLE Y
OAK
TR EE TO BE REMOVED
PR OPOSE D P OOL
AN D H OT TUB
#1 6#1 9
TR EE CAN OPY
LOC ATIONS
COR RECT ED
(N )36" BO X SWAN HILL OLIVE T O
COMPENSATE F OR TR EE #3 REMOVAL
#1 8 #1 7 #1 5 #1 4 #1 3 #1 2 #1 1 #1 0 #9 #8
#5#6
#7
(E) GA S ELEC T AND WAT ER
PROJECT ARBORIST:
URBAN TREE MANAGEMENT
MIKE YOUNG (650) 321 -0202
TR EE PROPOSED
FOR R EMOVAL
NO GRADIN G WIT HIN THE D RIP LINE OF
NEIGHBORS EUC ALYPTUS TREES ALLOWED
CO
SS CO
GAS
MET ER
(NOTE : THE RE
IS NO SHED
HE RE)1
A2
1
A2
2
A2
2
A2
3A23A2
21'+
TIE IN TO (E ) SEWE R WIT HOUT
EX CAVA TING WIT HIN D RIP
LINE OF T REES15'TREEPROTECTI
ONZONENO EXCAVATION OR GRAD E CHAN GES
ALLOWED IN TREE PROCT ION ZONES
1 5 ' SEWER
ELECTR IC , GAS A ND WATE R LINES TR ENCH
22
POOL A ND
DE CKING
RE VIS ED
22
(N) WAL KWAY
(N) WAL KWAY
(E) P ATIO
33
33
SEWER
YE LLOW
WILLOW
12 "
OAK
24 "
OAK
#2
5" OAK
4" RD WD
6"
TR EE
30" OA K
(E) L AWN154
PROPOSED 399
SF POOL HOUSE 51.82546.85
504.9
FIRE
PIT
EXISTIN G
RESID EN CE
(E) 2667.1 SF 1ST
FL OOR (SHADED)
(E) 2247.2 SF 2ND FLR
(AN GLE H ATCH ED)
(E) RESIDENCE
FLOOR AREA EXI STI NG PROPOSED TOTAL SF
FIRST FLOOR 2667.1 2667.1
2ND FLOOR 2247.2 2247.2
POOL HOUSE 399.0 399.0
5313.3
FLOOR AREA TABLE
PRO POSED 399 SF
POOL H OU SE
(C ROSS ANGLE
HAT CHED )
S C O PE O F WO R K
BUILD POOL HOUSE. POOL AND OPEN CABANA IN
REAR YARD
ZONING R1-40,000
APN 394-13-004
A-1 COVERSHEET, SITE PLAN, MAP, FLR AREA
T ABLE, SITE ANALYSIS, LOCATION MAP
A-2 FLOOR PLANS, ELEVATIONS AND SECTIONS
ASSESSORS PARCEL MAP
A-3 PICTURES OF (E) RESIDENCE
C-1 COVERSHEET GRADING PLAN
C-2 TOPO MAP
C-3 GRADING AND DRAINAGE PLAN F RONT 1/2
C-4 GRADING AND DRAINAGE PLAN REAR 1/2
C-5 ERROSION CONTROL PLAN
S HE ET IN DE X
LO CAT IO N M A P
PRO JE CT DA TA
SHEET TITLEDeMattei Construction Inc.SHEET:1794 The Alameda, San Jose, Calif 95126SCAL E:Ofc 408 295-7516 BCA STRUCTURAL ENGINEERING, INC1300 INDUSTRIAL ROAD, SUITE 1SAN CARLOS, CALIFORNIA 94070(650) 508-2500DRAWINGS PROVIDED BY:Fax 408 286-6589DESCRIPTIONLic 573029De MATTEI CONSTRUCTION1794 THE ALAMEDADA TE:BYDATENO.PROJECT DESCRIPTION:SHEET TITLE:KISLYI RESIDENCE19227 SAN MARCOS RDSARATOGA, CALIFA-1SITE PLAN SCALE: 1"=20'-0"
5/8/14
K IS LY I R E S I DE N C E
POOL HOUSE AND O PEN CABANA FO R
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April 16, 2015
Kate Bear
Community Development Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 94070
Subject: Withdrawal of Tree Appeal APTR15-0001 at 20070 Edinburgh Drive
Dear Ms. Bear and others concerned,
Due to my neighbor’s intent to no longer remove the blue atlas cedar at 20070 Edinburgh
Drive and the withdrawal of their tree removal permit, I am happy to withdraw my tree appeal
APTR15-0001.
Thank you,
Linda Pors
44
1
Abigail Ayende
Subject:FW: 20070 Edinburgh Drive
From: Lisa Sun [mailto:lsun2011@gmail.com]
Sent: Wednesday, April 08, 2015 6:29 PM
To: Kate Bear
Cc: Peng Ning
Subject: Re: 20070 Edinburgh Drive
Hi Kate,
We want to withdraw the application of tree removal. Our address is 20070 Edinburgh Dr. Saratoga, CA 95070. Please let
us know if you need any further information.
Thanks,
Li Sun & Peng Ning
Sent from my iPhone
On Apr 8, 2015, at 4:54 PM, Kate Bear <kbear@saratoga.ca.us> wrote:
I got your voice message that you want to withdraw the application to remove the tree at your house. I
didn’t get your email though.
Please send me another email so I have a written request to withdraw the application to remove the
tree. Thank you.
Kate Bear
Kate Bear, City Arborist
13777 Fruitvale Avenue
Saratoga, CA 95070
408 868‐1276
kbear@saratoga.ca.us
45
REPORT TO THE PLANNING
COMMISSION
Meeting Date: April 22, 2014
Application: Conditional Use Permit CUP14-0009
Design Review PDR15-0003
Location / APN: 12600 Saratoga Avenue / 386-14-003
Owner / Applicant: Abe Kaabipour / Black & Veatch
Staff Planner: Christopher Riordan
12600 Saratoga Avenue
SITE
46
SUMMARY
ZONING GENERAL PLAN DESIGNATION
MULTI-FAMILY RES. (R-M-5,000) RES. MULTI-FAMILY (RMF)
PARCEL SIZE
22,500 SQUARE FEET
PROJECT DESCRIPTION
An existing Valero gasoline service station is located at 12600 Saratoga Avenue at the
intersection of Bucknall Road. The service station use is authorized to continue its
operations by a Conditional Use Permit approved in May 1993. A gasoline service station
has existed at this site and pre-dates the City’s incorporation in 1956.
The applicant is requesting a modification of the existing Conditional Use Permit and
approval of a Design Review application to install a hydrogen fuel cell and dispenser at the
service station. The additional dispenser and related equipment will be located behind the
existing sales office building in a screened structure and adjacent to the northeast property
line.
The project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to 14 C.C.R. Section 15301, Class 1 “Existing Facilities”- this
exemption allows for minor alterations of existing private structures; and 15303, Class 3
“New Construction or Conversion of Small Structures”- this exemption allows for the
construction and location of limited numbers of new, small facilities, or structures.
STAFF RECOMMENDATION
Staff recommends the Planning Commission approve the application to modify the
existing Conditional Use Permit and approve the Design Review application by adopting
the attached resolution with a determination that the project is categorically exempt from
CEQA. Staff is recommending the conditions of approval included in the prepared
resolution.
Page 2 of 10
47
PROJECT DESCRIPTON AND SITE CHARACTERISTICS
Background:
The subject site is occupied by a commercial use (gasoline service station) within a multi-
family residential zoning district. Uses on the site include a 1,176 square foot sales office, a
gasoline service island with eight gasoline pumps under an overhead canopy, and a
freestanding price/identification sign.
Surrounding land uses include single-family residences to the north and west and multi-
family residences to the south and east. The site is a corner lot that has frontage on Saratoga
Avenue, one of the City’s primary arterial roadways, and Bucknall Road, a residential street.
Site History
A gasoline service station has existed on the subject site before the City’s incorporation in
1956. Prior to 1983 the site was zoned commercial which allowed gasoline service stations
as a conditional use. In May 1983 the General Plan designation of the site was amended
from Planned Development (P-D) to Residential Multi-Family (RMF). In September 1983
the site’s zoning designation was changed from Neighborhood Commercial (C-N) to
Residential Multi-Family (R-M-5,000) to be consistent with the General Plan. The rezoning
of the property caused the service station use to become non-conforming with the
requirements of the residential zoning.
After the General Plan and zoning amendments were adopted, a former property owner
applied for a Conditional Use Permit (CUP) to continue operation of the gasoline service
station. The City Code allows a non-conforming use to continue to operate when subject to
conditions of approval. The CUP application was approved in January 1984 and included a
condition to reevaluate the status of the service station at the end of each subsequent ten year
period to determine if the use should be continued.
In February 1993 the current property owner submitted an application to modify the use
permit to extend the use of the service station for a period of ten years. The Planning
Commission denied the applicants request and determined that the original 10 year (1984-
1994) time period remained appropriate as an in-depth analysis of the existing conditions
would be completed in January 1994.
The applicant appealed the Planning Commission’s decision to City C ouncil. In May 1993
the City Council granted the applicant’s appeal of the Planning Commission’s decision and
deleted the condition requiring that the use permit be renewed every 10 years. A copy of this
Use Permit is included as Attachment 2.
Project Description:
The applicant has submitted a Conditional Use Permit and Design Review application to
install a hydrogen fuel cell and dispenser at the subject site. According to the applicant,
major automakers including Toyota, Honda, Hyundai, and Mercedes-Benz are producing
hydrogen powered vehicles and these vehicles will be available to the general public later
this year. The State of California is supporting the development of a hydrogen network to
help assure that hydrogen will be available as the demand increases for hydrogen powered
vehicles. Hydrogen fuel stations are currently under development in 19 cities in California
Page 3 of 10
48
including Campbell, San Jose, Redwood City, and Mill Valley. The full list of cities with
existing or proposed hydrogen stations is included as Attachment 3.
Hydrogen vehicles are actually electric vehicles powered by hydrogen which use a fuel cell
to produce electricity on-board the vehicle to power an electric motor. The fuel cell
combines hydrogen with oxygen to generate electric power with zero emissions. Clean
water vapor is the only exhaust from a hydrogen powered vehicle. Hydrogen vehicles can be
filled in less than five minutes and have a driving range of 300 miles. The applicant has
submitted background information about hydrogen and fuel cell vehicles which is included
as Attachment 4.
Equipment
The hydrogen storage tanks will be housed in a 647 square feet 13 feet tall concrete
enclosure located behind the service station and adjacent to the eastern property line. The
design of the enclosure will be consistent in appearance as the gas station building and will
include ‘board and batten’ siding and matching paint colors. The facility is not covered as it
must remain open for hydrogen to escape. Electrical equipment including a pad transformer
will be located behind the concrete enclosure and not visible from offsite. Access is
provided on both the north and south side of the enclosure. The facility will primarily be
visible from Bucknall Road and the intersection with Saratoga Avenue.
With the exception of the hydrogen fuel dispenser which will be located outside the
enclosure and accessible to the public, the remaining equipment and storage tanks will be
located within the locked enclosure. The hydrogen fueling facility would consist of the
following elements:
Hydrogen Storage
Approximately 66 gallons (250 kilograms) of compressed, gaseous hydrogen located within
three high pressure storage tanks.
Hydrogen Pretreatment Components
The hydrogen gas is compressed and pre-cooled before being dispensed into a vehicle. The
facility will include a compressor, high-pressure storage tubes, and a cooling system to
facilitate the pretreatment of the gas. When operational, the cooling equipment will produce
a maximum noise level no higher than 54 dBA as measured at the eastern property line
which is below the City’s daytime and evening noise limits. The facility will not be
operational during nighttime hours and no noise will be generated.
Hydrogen Dispenser
Looks and operates very similar to a standard gasoline pump and will be located outside of
the enclosure facing Bucknall Road. The dispenser is self-serve, payment is by credit card,
and the only part of the fueling system accessible by the public. Vehicular access to the
dispenser would be from Bucknall Road.
Fire Department Review
The project was reviewed by the Santa Clara County Fire Department. No potential
negative issues or hazards were identified by the Fire Department. A copy of these
comments is included as Attachment 5. In addition, a separate review of the plans for the
Page 4 of 10
49
facility and an issuance of a permit by the Santa Clara County Hazardous Materials Division
must be obtained prior to Building Permit Issuance. The project would return to the
Planning Commission if this review resulted in any significant modifications to the
hydrogen dispenser.
Saratoga already has a gasoline service station where alternative fuel tanks are located. The
Union 76 service station at 14395 Big Basin Way has an above ground liquid petroleum
tank located on site for over 20 years. The installation of this tank required detailed review
and analysis by the Santa Clara County Fire Department as well as ongoing required
inspections. The Fire Department does not have a history of negative or potentially
dangerous issues related to this liquid petroleum refueling facility.
Trees
The City Arborist has identified a total of four trees along the eastern property line in
potential conflict with the project and which qualify for removal. These include three
Evergreen ash ranging in size from 16 – 32 inches in diameter in poor health and an 11”
diameter Coast live oak in poor condition. The applicant intends to preserve all four trees
and will coordinate with their project arborist and the city arborist to save the trees. The
arborist report includes replacement values for all four trees in the event any should not
survive impacts from construction. Tree protection fencing and a tree bond are required to
be installed by the applicant prior to building permit issuance. A copy of the City Arborist
report is included as Attachment 6.
Parking/Circulation/Traffic
No parking requirements are associated with the existing gasoline pumps or the proposed
hydrogen facility – vehicles queue up adjacent to the pumps and exist once fueling is
complete. The existing gasoline service building is 1,176 square feet. The uses in the
building include a cashier, restrooms, office space, storage space, and a small amount of
incidental retail sales. A total of six off-street parking spaces are required to be provided on
site (1 space per 200 square feet of gross floor area). The site currently includes 8 marked
parking spaces behind the station and along the eastern property line and four unmarked
spaces adjacent to the north side of the building for a total of 12 spaces. The gasoline
service station once included automobile service bays and this number of parking spaces
would have been utilized.
The construction of the project will eliminate 4 parking spaces at the rear of the station and 2
parking spaces adjacent to the building. A new parallel parking space will be added near the
entrance driveway from Saratoga Avenue. When complete the site will contain 8 parking
spaces which exceed the number that are required.
Sheet Z-7 of the development plans includes the circulation plan of the gasoline and
hydrogen trucks which will provide fuel to the station. These trucks will maintain the
existing pattern of entering the site from the Saratoga Avenue driveway and exiting the site
with a left turn from the Bucknall Road driveway. Vehicles entering the site to access the
hydrogen pump are expected to enter the site on Bucknall Road and after fueling will turn
around and exit the site on Bucknall Road.
Page 5 of 10
50
Initially, four hydrogen fueling truck deliveries are expected per week with seven
anticipated truck deliveries per week by 2020. Deliveries would occur weekdays during off-
peak hours between 11:00 a.m. to 2:00 p.m. Weekend deliveries could only occur on an as
needed basis. Existing gasoline deliveries to the station occur 2-3 times per week on
weekdays between 9:00 a.m. and 3:00 p.m.
The average daily traffic volume on Saratoga Avenue is 37,100 trips per day.
Due to the short history of hydrogen cars and relatively small fleet of available vehicles, a
definitive traffic generation model or vehicle trip generation for hydrogen dispensers does
not exist. As a very conservative, threshold and methodology, the City’s traffic engineer
Fehr and Peers is using the traditional gasoline fuel based trip generation rates and traffic
analysis to estimate potential additional trips that could be added by the hydrogen dispenser.
The traffic consultant reviewed the project and determined that the hydrogen pump could
generate 162 new daily trips which include 10 A.M. peak-hour trips and 13 P.M. peak-hour
trips using the standard trip generation rates for service stations. These traffic generation
rates are based on gasoline pumps and likely overestimate the number of trips that could be
generated a hydrogen pump dispenser because the demand for hydrogen fuel is dramatically
less than for gasoline. A detailed transportation analysis is not required because the project
will generate less than 25 new peak hour trips.
Existing Conditional Use Permit
The gasoline service station is authorized to operate by Conditional Use Permit # UP 550.1
approved in May 1993. This use permit was approved by City Council after the property
owner appealed the Planning Commission’s denial. The use permit contains limitations on
the operation of the gasoline service station including hours of operation and a restriction on
the number of fuel pumps.
The use permit also includes a condition that the Planning Director is to provide an annual
status report to the Planning Commission.
The applicant is requesting a modification of the following condition limiting the number of
fuel pumps with this application:
Condition #14 - ‘Existing pump islands and pumps shall be maintained with no additional
pumps allowed’
The station currently has four fuel pumps under an existing canopy, each pump with two
nozzles, which allows eight vehicles to be fueled simultaneously. The project would add an
additional pump in the form of a hydrogen fuel dispenser. The revised condition would read
as follows:
‘Existing pump islands and pumps shall be maintained and no more than eight gasoline
pumps and one hydrogen fueling facility shall be allowed’
Staff is recommending a revision to Condition #12 which requires the annual status report
by the Planning Director because the City does not have a history of code enforcement
complaints against the subject property. In addition, the Sheriff’s office provided staff
Page 6 of 10
51
police and service report data for the property which is included as Attachment 7. No
significant crime has been reported since 2010.
In-lieu of the annual report, staff is proposing a report from staff after two-years of
operation. The revised condition reads as follows:
‘The Community Development Director shall provide to the Planning Commission a status
report of the operation or any issues related to the hydrogen fueling facility after the facility
has been operating for a period of two years.’
On Site Food/Beverage Sales
The gasoline service station sells soft drinks, snack foods and other sundry items inside the
sales office as an amenity for customers who purchase gasoline. The existing conditional
use permit allows the operation of a gasoline service station on site but does not include the
operation of a market or a convenience store. A market is defined in the City Code as an
establishment where more than 25% of the floor area is dedicated to food and/or beverage
sales for off-site human consumption. Retail or Food sales less than 25% of floor area in the
context of gasoline sales are considered incidental to the primary service station use of the
site. A condition has been added to the recommended conditions of approval for the project
limiting the retail and food sales to no more than 25% of floor area.
Neighbor Notification and Correspondence: The Applicant mailed Neighbor
Notification Forms for the project to all adjacent neighbors. Five of these forms were
returned and are included as Attachment 8. Two of the forms include comments related
to potential traffic impacts from an increase in vehicular traffic and the safety issues
related to the hydrogen facility.
On Friday April 10 at 4:00 p.m. the applicant hosted a neighborhood meeting at the
project site. Invitations to the meeting and information about the hydrogen facility were
mailed by the applicant to all property owners within 500 feet. The meeting was attended
by approximately 10 neighbors. A copy of the materials that were mailed is included as
Attachment 9.
Staff did receive an emails and letter from an adjacent neighbors with concerns related to
the potential removal of existing trees, safety issues, limiting expansion of a commercial
facility adjacent to residential lands uses, and the appearance of the existing service
station. Copies of this correspondence are attachment 10.
A Public Notice was mailed to all property owners within 500 feet of the project site. A
copy of this notice and the mailing list is included as Attachment 11.
FINDINGS
Conditional Use Permit Findings
The findings required for issuance of a Use Permit pursuant to City Code Section 15-55.040
as set forth below and the Applicant has met the burden of proof to support making all of the
required findings:
Page 7 of 10
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(a) 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. The Project
meets this finding. A gasoline service station has been located on the site for over 50 years
and was existing prior to the City’s incorporation in 1956. The service station is one of
three gasoline service stations in Saratoga where residents can purchase gasoline. It will be
the only station in the City where hydrogen will be sold to power hydrogen vehicles and is
integral to development of a statewide hydrogen network and is consistent with the State of
California’s mandate for providing zero emission fuels which will help to reduce air
pollution. The service station is located on Saratoga Avenue which is a major arterial and is
near the Highway 85 interchange. The hours of operation of the service station will not be
modified with the introduction of the hydrogen fueling so as to reduce impacts on adjacent
properties. The hydrogen fueling facility has been reviewed by the Santa Clara County Fire
Department and no negative impacts were identified and a separate review of the plans for
the facility and an issuance of a permit by the Santa Clara County Hazardous Materials
Division must be obtained.
(b) The proposed conditional use will [not] adversely affect existing or anticipated uses in
the immediate neighborhood, or will [not] adversely affect surrounding properties or the
occupants thereof. The Project meets this finding. The service station includes a 1,176
square foot one-story gasoline service station sales office, a gasoline service island with four
gasoline pumps, each with two nozzles with the capability of fueling eight vehicles
simultaneously, an overhead canopy covering the gas pumps, and a freestanding
price/identification sign. The addition of a hydrogen fueling facility will not include a
modification of the stations allowed operating hours nor changes to onsite vehicle
circulation that could adversely affect surrounding properties. The hydrogen fueling facility
has been reviewed by the Santa Clara County Fire Department and no negative impacts to
surrounding properties is anticipated – the facility will also be reviewed and a permit issued
by the Santa Clara County Fire Department Hazardous Materials Division prior to building
permit issuance. The applicant has submitted a noise study which indicates that the noise
produced by the hydrogen fueling facility will below the daytime and evening noise limits.
The facility will not be operational during nighttime hours and no noise will be generated.
The traffic generation rate of 162 new daily trips which include 10 A.M. peak-hour trips and
13 P.M. peak-hour trips using the standard trip generation rates for service stations is not
conserved significant. There is no evidence that the operation of the hydrogen fueling
facility would adversely affect existing or anticipated uses in the immediate neighborhood or
surrounding properties or the occupants thereof.
(c) The proposed conditional use will comply with each of the applicable provisions of the
Saratoga City Code. The Project meets the required findings for Use Permit establishing the
parameters for the site to operate as a service station. The project has been conditioned to
comply with all applicable City regulations including, but not limited to the requirements of
the Saratoga Building and Zoning Regulations.
(d) The proposed location of the conditional use and the conditions under which it would
be operated or maintained will not be detrimental to the public health, safety or welfare,
or materially injurious to properties or improvements in the vicinity. The Project meets the
required findings for Use Permit establishing the parameters for site to operate as a service
station. The project has also been conditioned to comply with all applicable regulations of
Page 8 of 10
53
the State, County, City and/or other governmental agencies having jurisdiction. A gasoline
service station has existed on the subject site prior to the City’s incorporation in 1956 and
the City and there is no evidence of detriment to public health, safety or welfare from such
uses or material injury to properties or improvements in the vicinity.
Design Review Findings
(a) Where more than one building or structure will be constructed, the architectural
features and landscaping thereof shall be harmonious. Such features include height,
elevations, roof material, color and appurtenances. The project meets this finding. The
hydrogen storage tanks will be housed in a 647 square feet 13 feet tall concrete enclosure
located behind the service station and adjacent to the eastern property line. The design of
the enclosure will be consistent in appearance as the gas station building and will include
‘board and batten’ siding and matching paint colors. The associated electrical equipment
including a pad transformer will be located behind the concrete enclosure and will not be
visible from offsite. The facility will primarily be visible from Bucknall Road and the
intersection with Saratoga Avenue.
(b) Where more than one sign will be erected or displayed on site, the signs shall have a
common or compatible design and locational positions and shall be harmonious in
appearance. The project meets this finding as no new signage is proposed. The gasoline
service station has an existing identification/price sign at the corner of Saratoga Avenue
and Bucknall Road. The proposed hydrogen fueling facility will not include new signage
or modifications to existing signage that would be incompatible with existing site
signage.
(c) Landscaping shall integrate and accommodate existing trees and vegetation to be
preserved; it shall make use of water-conserving plants, materials and irrigation
systems for the maximum extent feasible, it shall be clustered in natural appearing
groups, as opposed to being placed in rows or regularly spaced. The project meets this
finding as no trees are proposed for removal. The City Arborist has identified a total of
four trees along the eastern property line in potential conflict with the project and which
qualify for removal. These include three Evergreen ash ranging in size from 16 – 32 inches
in diameter which are in poor health and an 11” diameter Coast live oak in poor condition.
The applicant intends to preserve all four trees and will coordinate with their project arborist
and the city arborist to save the trees.
(d) Colors of wall and roofing materials shall blend with the natural landscape and be
non-reflective. The project meets this finding. The design of the enclosure will be
consistent in appearance as the gas station building and will include ‘board and batten’
siding and matching paint colors which are non-reflective.
(e) Roofing materials shall be wood shingles, wood shakes, other materials such a
composition as approved by the Planning Commission. No mechanical equipment shall
be located upon a roof unless it is appropriately screened. The project meets this finding.
The project will include a false shingle roof to match the existing service station building
that will provide the appearance of an actual roof as viewed from offsite. No roof is
proposed as facility must remain open for hydrogen to escape.
Page 9 of 10
54
(f) The proposed development shall be compatible in terms of height, bulk and design
with other structures in the immediate area. The project meets this finding. The 647
square feet 13 feet tall hydrogen storage tank concrete enclosure will be consistent in
appearance as the gas station building and will include ‘board and batten’ siding and
matching paint colors.
ENVIRONMENTAL DETERMINATION
The State of California recognizes hydrogen fueling stations as posing no significant to
the environment. The project is categorically exempt from the California Environmental
Quality Act (CEQA) pursuant to 14 C.C.R. Section 15301, Class 1 “Existing Facilities”-
this exemption allows for minor alterations of existing private structures; and 15303,
Class 3 “New Construction or Conversion of Small Structures”- this exemption allows
for the construction and location of limited numbers of new, small facilities, or structures.
STAFF RECOMMENDATION
Staff recommends the Planning Commission approve the Conditional Use Permit and
Design Review applications with the required findings and conditions by adopting the
attached Resolution. Staff is not recommending any permanent conditions of approval for
this project.
ATTACHMENTS
1. Resolution approving the Conditional Use Permit and Design Review application.
2. Copy of existing Conditional Use Permit #UP 550.1
3. List of cities with existing or proposed hydrogen fueling stations.
4. Background information about hydrogen and fuel cell vehicles.
5. Fire Department project review comments.
6. City Arborist Report
7. Sheriff’s data for the site.
8. Completed neighbor notification forms.
9. April 10 neighborhood meeting outreach material.
10. Written public comments.
11. Copy of mailed public notice and mailing list.
12. Photo Simulations
13. Development Plans
Page 10 of 10
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RESOLUTION NO. 15-011
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT (CUP 14-0009) AND DESIGN REVIEW
(PDR15-0003) FOR A GASOLINE SERVICE STATION
LOCATED AT 12600 SARATOGA AVENUE
WHEREAS, applications were submitted by Black and Veatch Corporation on behalf of
Abe Kaabipour requesting Design Review and modification of their existing Use Permit to install a
Hydrogen Fueling Station at an existing gasoline service station. The site is located within the RM-
5,000 Zoning District (APN 386-14-003).
WHEREAS, the Community Development Department has determined that the project is
categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14
C.C.R. Section 15301, Class 1 “Existing Facilities”- this exemption allows for minor alterations
of existing private structures; and 15303, Class 3 “New Construction or Conversion of Small
Structures”- this exemption allows for the construction and location of limited numbers of new,
small facilities, or structures.
WHEREAS, on April 22, 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 consistent with the following Saratoga General Plan Policies:
Circulation and Scenic Highway Element Goal CI.1b which is encourage healthy, active living,
reduce traffic congestion and fossil fuel use; Circulation and Scenic Highway Action CI-Action-2.7
which is to require a transportation analysis for all development projects resulting in 25 or more net
new peak-hour trips; Land Use Element Goal LU.1 which is to maintain the predominantly small
town residential character of Saratoga; Land Use Element Goal LU.2 which is to encourage the
economic viability of Saratoga’s existing commercial areas; and Land Use Element Goal LU 13 to
use the design review process to assure that new construction is compatible with the site and
adjacent surroundings.
Section 3: The project is consistent with the Saratoga City Code in that the improvements
are consistent with the Conditional Use Permit findings in that the project is in accord with the
objectives of the Zoning Ordinance and the purposes of the district in which the site is located; will
not adversely affect existing or anticipated uses in the immediate neighborhood, or will not
adversely affect surrounding properties or the occupants thereof; will comply with each of the
applicable provisions of the Saratoga City Code; 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.
56
Attachment 1
Section 4: The project is consistent with the Saratoga City Code in that the improvements
are consistent with the Design Review findings in that where more than one building or structure
will be constructed, the architectural features and landscaping thereof shall be harmonious;
where more than one sign will be erected or displayed on site, the signs shall have a common or
compatible design and locational positions and shall be harmonious in appearance; landscaping
shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use
of water-conserving plants, materials and irrigation systems for the maximum extent feasible, it
shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly
spaced; colors of wall and roofing materials shall blend with the natural landscape and be non-
reflective; roofing materials shall be wood shingles, wood shakes, other materials such a
composition as approved by the Planning Commission. No mechanical equipment shall be located
upon a roof unless it is appropriately screened, and that proposed development shall be compatible
in terms of height, bulk and design with other structures in the immediate area.
Section 5: The City of Saratoga Planning Commission hereby approves application
CUP14-0009 and Design Review PDR15-0003 for a Gasoline Service Station located at 12600
Saratoga Avenue as described in the staff report, subject to the Conditions of Approval attached
hereto as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 22nd day of
April 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Chair, Planning Commission
57
Attachment 1
Exhibit 1
CONDITIONS OF APPROVAL
CUP14-0009 / PDR15-0003
12600 SARATOGA AVENUE
CONDITIONS OF APPROVAL
A. GENERAL
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, grading, or
building 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
acceptable to the community development director.
2. If a condition is not “permanent” or does not have a term specified, it shall remain in effect until
the issuance by the City of Saratoga of a certificate of occupancy or its equivalent.
3. Conditions may be modified only by the Planning Commission unless modification is expressly
otherwise allowed by the city code including but not limited to sections 15-80.120 and/or 16-
05.035, as applicable.
4. The Planning Commission shall retain continuing jurisdiction over the Conditional Use
Permit and may, at any time, modify, delete, or impose, any new conditions of the permit to
preserve the public health, safety, and welfare.
5. Any intensification of the uses approved under this Use Permit shall require an amended
Conditional Use Permit. Examples of intensification of use include, but are not limited to,
physical changes to the site or structures that result in ongoing increases in traffic, noise, or
other physical effects.
6. The uses/structures/project shall maintain compliance with all applicable requirements of the
City, including, without limitation, the requirements of the Saratoga Zoning Regulations. The
uses/structures/project shall at all times operate in compliance with all applicable regulations
of the State, County, and/or other governmental agencies having jurisdictional authority over
the use pertaining to, but not limited to, health, sanitation, safety, and water quality issues.
7. 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:
58
Attachment 1
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, the Owner and Applicant shall execute a separate agreement containing the details
of this required Agreement to Indemnify, Hold Harmless and Defend, which shall be subject
to prior approval as to form and content by the Community Development Director.
B. COMMUNITY DEVELOPMENT
8. This resolution supersedes all previous use permit resolutions issued for a gasoline service
station at this site.
9. The gasoline service station and hydrogen fueling facility shall be open and operated only
between the hours of:
Monday – Thursday: 6:00 a.m. to 9:00 p.m.
Friday: 6:00 a.m. to 10:00 p.m.
Saturday: 7:00 a.m. to 10:00 p.m.
Sunday: 7:00 a.m. to 9:00 p.m.
10. Landscaping shall be maintained by the property owner in a good and orderly condition for the
life of this use permit. All future landscaping shall emphasize native and drought tolerant
species.
11. The single driveway access onto Saratoga Avenue shall be designated and used as an “entrance
only” driveway. Directional signs shall be consistent with Section 15-30 of the City Code. If
marking is not deemed to be effective, alternative measures shall be considered. If the driveway
markings are determined not be effective, additional measures are to be considered.
12. The driveways shall be chained (with reflectors) after closing to prevent vehicular access to the
site.
13. All gasoline and hydrogen pumps including storage tanks shall comply with the regulations of
the San Francisco Bay Area Pollution Control District and with the City of Saratoga’s
Hazardous Materials Storage Ordinance.
14. Any office exterior lighting visible from outside of the structure shall be turned off at the time of
closing specified in condition #9.
15. Design Review approval is required for any price or identification sign for the stations use.
59
Attachment 1
16. Any other exterior modification to the gasoline service station or use intensification will require
approval by the Planning Commission.
17. The station shall be kept in good repair and free of dilapidated autos or other eyesores.
18. Per Section 15-55.100 of the City Code, this application shall remain under the continuous
jurisdiction of the Planning Commission. Any violation of the above code shall constitute
grounds for consideration of use permit revocation.
19. The Community Development Director shall provide to the Planning Commission a status
report of the operation or any issues related to the hydrogen fueling facility after the facility has
been operating for a period of two years.’
20. Existing pump islands and pumps shall be maintained and no more than eight gasoline pumps
and one hydrogen fueling cell and dispenser shall be allowed.
21. A convenience market is not permitted at this location. To be considered incidental to the
primary use of the site as a gasoline service station, no more than 25% of the sales office floor
area area shall be dedicated to retail, food and/or beverage display or sales for off-site human
consumption.
22. The station shall be operated in accordance with the most current Best Management Practices
for Gasoline Stations promulgated by the Santa Clara Valley Non-Point Source Program and/or
City to control Non-Point Source Pollution.
23. All applicable requirements of the State, County, City and other governmental entities must be
met.
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RESOLUTION NO. 15-011
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT (CUP 14-0009) AND DESIGN REVIEW
(PDR15-0003) FOR A GASOLINE SERVICE STATION
LOCATED AT 12600 SARATOGA AVENUE
WHEREAS, applications were submitted by Black and Veatch Corporation on behalf of
Abe Kaabipour requesting Design Review and modification of their existing Use Permit to install a
Hydrogen Fueling Station at an existing gasoline service station. The site is located within the RM-
5,000 Zoning District (APN 386-14-003).
WHEREAS, the Community Development Department has determined that the project is
categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14
C.C.R. Section 15301, Class 1 “Existing Facilities”- this exemption allows for minor alterations
of existing private structures; and 15303, Class 3 “New Construction or Conversion of Small
Structures”- this exemption allows for the construction and location of limited numbers of new,
small facilities, or structures.
WHEREAS, on April 22, 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 consistent with the following Saratoga General Plan Policies:
Circulation and Scenic Highway Element Goal CI.1b which is encourage healthy, active living,
reduce traffic congestion and fossil fuel use; Circulation and Scenic Highway Action CI-Action-2.7
which is to require a transportation analysis for all development projects resulting in 25 or more net
new peak-hour trips; Land Use Element Goal LU.1 which is to maintain the predominantly small
town residential character of Saratoga; Land Use Element Goal LU.2 which is to encourage the
economic viability of Saratoga’s existing commercial areas; and Land Use Element Goal LU 13 to
use the design review process to assure that new construction is compatible with the site and
adjacent surroundings.
Section 3: The project is consistent with the Saratoga City Code in that the improvements
are consistent with the Conditional Use Permit findings in that the project is in accord with the
objectives of the Zoning Ordinance and the purposes of the district in which the site is located; will
not adversely affect existing or anticipated uses in the immediate neighborhood, or will not
adversely affect surrounding properties or the occupants thereof; will comply with each of the
applicable provisions of the Saratoga City Code; 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.
105
Attachment 1
Section 4: The project is consistent with the Saratoga City Code in that the improvements
are consistent with the Design Review findings in that where more than one building or structure
will be constructed, the architectural features and landscaping thereof shall be harmonious;
where more than one sign will be erected or displayed on site, the signs shall have a common or
compatible design and locational positions and shall be harmonious in appearance; landscaping
shall integrate and accommodate existing trees and vegetation to be preserved; it shall make use
of water-conserving plants, materials and irrigation systems for the maximum extent feasible, it
shall be clustered in natural appearing groups, as opposed to being placed in rows or regularly
spaced; colors of wall and roofing materials shall blend with the natural landscape and be non-
reflective; roofing materials shall be wood shingles, wood shakes, other materials such a
composition as approved by the Planning Commission. No mechanical equipment shall be located
upon a roof unless it is appropriately screened, and that proposed development shall be compatible
in terms of height, bulk and design with other structures in the immediate area.
Section 5: The City of Saratoga Planning Commission hereby approves application
CUP14-0009 and Design Review PDR15-0003 for a Gasoline Service Station located at 12600
Saratoga Avenue as described in the staff report, subject to the Conditions of Approval attached
hereto as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 22nd day of
April 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Chair, Planning Commission
106
Attachment 1
Exhibit 1
CONDITIONS OF APPROVAL
CUP14-0009 / PDR15-0003
12600 SARATOGA AVENUE
CONDITIONS OF APPROVAL
A. GENERAL
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, grading, or
building 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
acceptable to the community development director.
2. If a condition is not “permanent” or does not have a term specified, it shall remain in effect until
the issuance by the City of Saratoga of a certificate of occupancy or its equivalent.
3. Conditions may be modified only by the Planning Commission unless modification is expressly
otherwise allowed by the city code including but not limited to sections 15-80.120 and/or 16-
05.035, as applicable.
4. The Planning Commission shall retain continuing jurisdiction over the Conditional Use
Permit and may, at any time, modify, delete, or impose, any new conditions of the permit to
preserve the public health, safety, and welfare.
5. Any intensification of the uses approved under this Use Permit shall require an amended
Conditional Use Permit. Examples of intensification of use include, but are not limited to,
physical changes to the site or structures that result in ongoing increases in traffic, noise, or
other physical effects.
6. The uses/structures/project shall maintain compliance with all applicable requirements of the
City, including, without limitation, the requirements of the Saratoga Zoning Regulations. The
uses/structures/project shall at all times operate in compliance with all applicable regulations
of the State, County, and/or other governmental agencies having jurisdictional authority over
the use pertaining to, but not limited to, health, sanitation, safety, and water quality issues.
7. 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:
107
Attachment 1
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, the Owner and Applicant shall execute a separate agreement containing the details
of this required Agreement to Indemnify, Hold Harmless and Defend, which shall be subject
to prior approval as to form and content by the Community Development Director.
B. COMMUNITY DEVELOPMENT
8. This resolution supersedes all previous use permit resolutions issued for a gasoline service
station at this site.
9. The gasoline service station and hydrogen fueling facility shall be open and operated only
between the hours of:
Monday – Thursday: 6:00 a.m. to 9:00 p.m.
Friday: 6:00 a.m. to 10:00 p.m.
Saturday: 7:00 a.m. to 10:00 p.m.
Sunday: 7:00 a.m. to 9:00 p.m.
10. Landscaping shall be maintained by the property owner in a good and orderly condition for the
life of this use permit. All future landscaping shall emphasize native and drought tolerant
species.
11. The single driveway access onto Saratoga Avenue shall be designated and used as an “entrance
only” driveway. Directional signs shall be consistent with Section 15-30 of the City Code. If
marking is not deemed to be effective, alternative measures shall be considered. If the driveway
markings are determined not be effective, additional measures are to be considered.
12. The driveways shall be chained (with reflectors) after closing to prevent vehicular access to the
site.
13. All gasoline and hydrogen pumps including storage tanks shall comply with the regulations of
the San Francisco Bay Area Pollution Control District and with the City of Saratoga’s
Hazardous Materials Storage Ordinance.
14. Any office exterior lighting visible from outside of the structure shall be turned off at the time of
closing specified in condition #9.
15. Design Review approval is required for any price or identification sign for the stations use.
108
Attachment 1
16. Any other exterior modification to the gasoline service station or use intensification will require
approval by the Planning Commission.
17. The station shall be kept in good repair and free of dilapidated autos or other eyesores.
18. Per Section 15-55.100 of the City Code, this application shall remain under the continuous
jurisdiction of the Planning Commission. Any violation of the above code shall constitute
grounds for consideration of use permit revocation.
19. The Community Development Director shall provide to the Planning Commission a status
report of the operation or any issues related to the hydrogen fueling facility after the facility has
been operating for a period of two years.’
20. Existing pump islands and pumps shall be maintained and no more than eight gasoline pumps
and one hydrogen fueling cell and dispenser shall be allowed.
21. A convenience market is not permitted at this location. To be considered incidental to the
primary use of the site as a gasoline service station, no more than 25% of the sales office floor
area area shall be dedicated to retail, food and/or beverage display or sales for off-site human
consumption.
22. The station shall be operated in accordance with the most current Best Management Practices
for Gasoline Stations promulgated by the Santa Clara Valley Non-Point Source Program and/or
City to control Non-Point Source Pollution.
23. All applicable requirements of the State, County, City and other governmental entities must be
met.
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