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HomeMy WebLinkAbout10-14-15 Planning Commission Agenda PacketTable of Contents Agenda 2 September 9, 2015 Draft Minutes 4 Application ELN15-0011; 12933 Regan Lane (393-01-020); Sedar Bedem - The applicant is proposing an addition of 721 sq. ft. to a legal non-conforming one-story single-family residence located at 12933 Regan Lane. Staff Memo 6 Att 1 Resolution 9 Att 2 Arborist Report 13 Att 3 Plans Exhibit A 22 Application MOD15-0007, 12850 Saratoga Avenue (Westhope Presbyterian Church) (386-14-016); Bougachouch - The applicant is requesting a modification of an existing Conditional Use Permit in order to operate a large-daycare and preschool facility on the premises of Westhope Presbyterian Church. The maximum enrollment of such facility will be no more than 15 children. Staff Contact: Sandy L. Baily (408)868-1235 Staff Meeting 28 Att 1 - Resolution 51 Att 2 - Letter from the Applicant and Property Owner 55 Att 3 - Public Comments 58 Att 4 - Public hearing, mailing addresses and map 63 Att 5 - Floor Plan 68 Application ZOA15-0009 (CITYWIDE) - The City Council has requested that the Planning Commission provide a recommendation regarding a revised Water Efficient Landscaping Ordinance (Article 15-47) due to newly adopted State requirements. The State requirements increase water efficiency standards for new and retrofitted landscapes through more efficient systems, greywater usage, onsite storm water capture and by limiting the portion of new or significantly modified landscapes that can be covered in turf. Staff Contact: Sandy Bailey (408)868-1235. Continuance Memo 69 Application SUB10-0001 / ENV10-0001; Mt. Eden Road (503-13 -127;128); Irany and Karr - The property owners of a vacant parcel on Mt. Eden Road have proposed a subdivision application to subdivide one lot into two lots within the Hillside Zoning District. Staff Memo 70 1 AGENDA REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, October 14, 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 September 9, 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 ELN15-0011; 12933 Regan Lane (393-01-020); Sedar Bedem - The applicant is proposing an addition of 721 sq. ft. to a legal non-conforming one-story single-family residence located at 12933 Regan Lane. Staff Contact: Michael Fossati 408-868-1212 Recommended action: Adopt Resolution No. 15-044 approving the major alteration subject to the 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 MOD15-0007, 12850 Saratoga Avenue (Westhope Presbyterian Church) (386-14-016); Bougachouch - The applicant is requesting a modification of an existing Conditional Use Permit in order to operate a large-daycare and preschool facility on the premises of Westhope Presbyterian Church. The maximum enrollment of such facility will be no more than 15 children. Staff Contact: Sandy L. Baily (408)868-1235 Recommended action: Adopt Resolution No. 15-043 approving the project subject to conditions of approval. 2. Application ZOA15-0009 (CITYWIDE) - The City Council has requested that the Planning Commission provide a recommendation regarding a revised Water Efficient Landscaping Ordinance (Article 15-47) due to newly adopted State requirements. The State requirements increase water efficiency standards for new 2 and retrofitted landscapes through more efficient systems, greywater usage, onsite storm water capture and by limiting the portion of new or significantly modified landscapes that can be covered in turf. Staff Contact: Sandy Bailey (408)868-1235. Recommended action: Continue the hearing to a date uncertain to allow for another study session with the Planning Commission on October 27, 2015. Staff is in the process of revising the draft ordinance to address comments from the Planning Commission and the requirements of the new State regulations. 3. Application SUB10-0001 / ENV10-0001; Mt. Eden Road (503-13-127;128); Irany and Karr - The property owners of a vacant parcel on Mt. Eden Road have proposed a subdivision application to subdivide one lot into two lots within the Hillside Zoning District. Recommended action: Move to continue to a date uncertain 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 October 8, 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 3 ACTION MINUTES REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, September 9, 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 Michael Fossati, Planner Liz Ruess, Planner APPROVAL OF MINUTES Approve Action Minutes from the Regular Planning Commission Meeting of August 26, 2015. Action: WALIA/AHUJA MOVED TO APPROVE THE AUGUST 26, 2015 MINUTES. MOTION PASSED. AYES: ALMALECH, CHANG, FITZSIMMONS, HLAVA, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: AHUJA. PUBLIC HEARINGS 1. Applications PDR14-0026/ARB15-0009; 14835 Baranga Lane (397-18-037) Chiew/Batis - The applicant is requesting Design Review approval to construct a new 5,801 square foot, 24.75 feet tall two story single-family residence with a 3,092 square foot basement and a 1,039 square feet secondary dwelling unit. Ten protected trees are proposed for removal. The net site area is 64,469 square feet and is zoned R-1-40,000. Staff Contact: Liz Ruess (408)868-1230. Action: FITZSIMMONS/CHANG MOVED TO ADOPT RESOLUTION NO. 15-037 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, SMULLEN. NOES: HLAVA & WALIA. ABSENT: NONE. ABSTAIN: NONE. 2. Application PDR15-0016; 20700 Verde Vista Ln. (503-58-003); Jiang – The applicant is proposing to demolish an existing house and construct a new 21 foot, 6 inch tall single-story 4,268 square foot home that would include a two-car garage and deed-restricted second dwelling unit. Planning Commission design review is required because the project consists of a new single-story residence over 18 feet in height. No protected trees are proposed for removal. Staff Contact: Michael Fossati (408)868-1212 Action: FITZSIMMONS/WALIA MOVED TO ADOPT RESOLUTION NO. 15-030 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL. 4 MOTION PASSED. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 3. Application PDR15-0014; 19361 Valle Vista Dr. (397-11-014) Kohlsaat / Neukomm. – The applicant has requested to demolish an existing one-story residence and construct a new one-story residence with basement and detached cabana. The total floor area of the project is 5,573 sq. ft. (not including the basement). The height of the proposed residence will be no taller than 25 feet. The height of the detached cabana will be no taller than 16 feet. Fourteen trees in conflict with the project have been approved for removal by the City Arborist. Planning Commission Design Review is required for any new structure over 18 feet in height and any accessory structure (i.e. detached cabana) above 15 feet in height. The site area is 1.02 acres and the property is zoned R- 1-40,000. Staff Contact: Michael Fossati (408) 868-1212. Action: ALMALECH/WALIA MOVED TO ADOPT RESOLUTION NO. 15-041 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 4. Application APPC15-0003; 12969 Regan Ln. (393-01-022) Walia/Salin/Leney/Abhyankar - The City has received an appeal for a previously approved project that consists of a demolition of an existing residence and construction of a new 3,709 sq. ft. main residence located at 12969 Regan Ln. The height will not exceed 18 feet and the main residence will remain single-story. Two protected trees protected trees that are in conflict with the project and have been approved for removal. The net lot size is 12,125 square feet and the property is zoned in the R-1-12,500. Staff Contact: Michael Fossati (408) 868-1212. Action: APPELLANT WITHDREW THE APPEAL, NO ACTION TAKEN. ADJOURNMENT WALIA MOVED TO ADJOURN AT 9:00 PM. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 5 PLANNING COMMISSION MEMORANDUM Meeting Date: October 14, 2015 Application: ELN15-0011 Location / APN: 12933 Regan Lane / 393-01-020 Owner/Applicant: Sedar Badem Staff Planner: Michael Fossati 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 proposed would result in expenditure of approximately 34% 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. 15-044 approving the major alteration subject to conditions of approval. PROJECT DESCRIPTION: The applicant is proposing an addition of 721 sq. ft. to a legal non- conforming one story single-family residence located at 12933 Regan Lane. The structure is classified as nonconforming because the existing side setbacks are located within the side yard. The north elevation side wall is located approximately four and a half inches into the ten foot setback and the south elevation side wall is located one inch into the ten foot side setback. The residence is conforming in all other areas. 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 $656,982, while the value of the construction being proposed is $223,510 or 34% of the value of the existing structure. Therefore, the Planning Commission has authority to approve the project, as long as the findings can be met. The proposed work consists of a bedroom, bathroom, and closet addition, as well as a kitchen and office remodel in order to permit some non-permitted work that happened in the past. PROJECT DATA: Net Site Area: 13,502 sq. ft. Zoning District: R-1-12,500 Proposed Allowed/Required Total Site Coverage 7,268 sq. ft. (55%) 55% Max. Total Floor Area 3,198 sq. ft. 3,880 sq. ft. Max. 6 Height 18 ft. 26 feet Max. Setbacks Front: Exterior Left Side: Interior Right Side: Rear: 26’ 2” 9’ 7” 9’ 11” 47’ 2” 25’ 10’ 10’ 25’ Trees: The proposed construction is within five feet of a canopy of a protected tree. The City Arborist has reviewed the project and determined that one tree will be removed and has met the required findings for removal, as determined by the City Arborist. The arborist report has been included as Attachment 2. 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 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 existing portion of main residence and garage within the side setbacks would not be affected or increased due to the proposed construction. (3) The repair and/or alteration do not effectively extend or perpetuate the useful life of any particular feature or portion of the structure which is nonconforming. This finding may be made in the affirmative in that the project is proposing new construction in an area that is conforming to City Code. The portion of structure within the setback would not be affected due to the proposed project. 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. Page 2 of 3 7 ATTACHMENTS: 1. Resolution of Approval 2. Arborist Report 3. Development Plans (Exhibit "A") Page 3 of 3 8 RESOLUTION NO: 14-057 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING AN APPLICATION FOR AN ADDITION TO A NON-CONFORMING SINGLE-FAMILY DWELLING LOCATED AT 12933 REGAN LANE WHEREAS, on September 1, 2015, an application was submitted by Serdar Badem to add 721 sq. ft. to an existing legal non-conforming one-story residence. The existing residence encroaches into both side setbacks. The required setback is 10 feet and the residence has an existing setback of 9.63 ft. and 9.95 ft., respectively. The proposed addition will result in expenditure of approximately 34 percent of the estimated construction valuation of the existing structure. . 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 October 14, 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. 9 Section 5: The project is consistent with the Saratoga City Code in that one protected tree that meets the criteria established in Section 15-50.080(a) are being removed, as determined by the City Arborist. Section 6: The City of Saratoga Planning Commission hereby approves ELN15-0011 located at 12933 Regan Lane 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 14th day of October 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Leonard Almalech Chair, Planning Commission 10 Exhibit 1 CONDITIONS OF APPROVAL ELN15-0011 12933 REGAN LN. / 393-01-020 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 for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent or other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content to the Community Development Director. 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. 11 5. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A", and as conditioned below. All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with City Code. 6. THIS CONDITION IS PERMANENT. 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 that alteration and repair of the non-conforming structure shall comply with City Code. 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. 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 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.” CITY ARBORIST 9. Arborist Report. All recommendations of the Arborist Report dated October 6, 2015 and all other future updated reports, and incorporated herein by this reference shall be followed and incorporated (in its entirety) into the plans. 12 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REPORT Application No. ARB15-0064 Prepared by Kate Bear, City Arborist Site: 12933 Regan Lane Phone: (408) 868-1276 Owner: Serdar Badem Email: kbear@saratoga.ca.us APN: 393-01-020 Email:serdar.badem@gmail.com Report History: Report 1 Date: Plans received September 2, 2015 Revised plans received October 5, 2015 Report completed October 6, 2015 PROJECT SCOPE: The applicant has submitted plans to add on to the house and remodel the interior. STATUS: Approved by City Arborist, with attached conditions. PROJECT DATA IN BRIEF: Tree bond – Required - $9,000 For trees 1, 2 and 4 – 11 Tree fencing – Required – See Conditions of Approval and attached map. Tree removals – Tree 3 is approved for removal once both a tree removal permit and a building permit have been issued. Replacement trees – Required = $4,680. FINDINGS: Tree Removals Whenever a tree is requested for removal as part of a project, certain findings must be made and specific tree removal criteria met. One coast live oak (tree 3) is in conflict with the addition, grows into the existing house and has a one-sided canopy that cannot be corrected with pruning. It meets the City’s criteria allowing it to be removed and replaced as part of the project, once a tree removal permit and a building division permit have been obtained. Attachment 2 contains the tree removal criteria for reference. 1 13 12933 Regan Lane Table 1: Summary of Tree Removal Criteria that are met Tree No. Criteria met Criteria not met 3 1, 5, 6, 7, 9 2, 3, 4, 8, 10 Replacement Trees The total appraised value of tree 3 is $4,680. New trees equal to this appraised value will be required as a condition of the project. Replacement trees may be planted anywhere on the property. Replacement values for new trees are listed below. New Construction Based on the information provided, and as conditioned, this project complies with the requirements for the setback of new construction from existing trees under Section 15-50.120 of the City Code. Tree Preservation Plan Section 15-50.140 of the City Code requires a Tree Preservation Plan for this project. This report, once included in the final set of plans, will satisfy this requirement. ATTACHMENTS: 1 – Plans Reviewed and Tree Information 2 – Tree Removal Criteria 3 – Conditions of Approval 4 – Map of Site showing tree locations and protective fencing Replacement Tree Values: 15 gallon = $350 24 inch box = $500 36 inch box = $1,500 48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000 2 14 12933 Regan Lane Attachment 1 PLAN REVIEW: Architectural Plans reviewed: Preparer: No Preparer Date of Plans: August 29, 2015 Sheet A1-a Site Plan Sheet A – 1 Floor Plan Sheet A – 3 Elevations TREE INFORMATION: Arborist Report reviewed: Preparer: Joshua Fengel, Oscar’s Expert Tree Service Date of Report: August 28, 2015 An arborist report was submitted to the City for this project that inventoried 11 trees, nine of which are protected by Saratoga City Code. Information on the condition of each tree, potential impacts from construction, suitability for preservation, appraised values and tree protection recommendations was provided. One coast live oak (tree 3) protected by Saratoga City Code is requested for removal to construct this project. A table summarizing information about each tree is below. Table 2: List of trees and appraised values Tree No. Species Trunk Diameter (inches) Condition Intensity of Construction Impacts Appraised value Mock orange Fair/ Low/ 1 Pittosporum undulatum 27 Poor Moderate $1,780 Mock orange Poor/ Low/ 2 Pittosporum undulatum 14 Fair Moderate $1,210 Coast live oak 3 Quercus agrifolia 11 Good High $4,680 Hollywood juniper Poor/ Low/ 4 Juniperus chinensis 10 Fair Moderate $1,190 Hollywood juniper Poor/ Low/ Not 5 Juniperus chinensis 8.5 Fair Moderate Protected 3 15 12933 Regan Lane Attachment 1 Tree No. Species Trunk Diameter (inches) Condition Intensity of Construction Impacts Appraised value Hollywood juniper Fair/ Low/ 6 Juniperus chinensis 12 Poor Moderate $1,010 Hollywood juniper Fair/ Low/ 7 Juniperus chinensis 18 Poor Moderate $2,065 Hollywood juniper Fair/ Low/ 8 Juniperus chinensis 10.5 Poor Moderate $1,010 Grapefruit Low/ Not 9 Citrus x paradisi 9 Good Moderate Protected Southern magnolia Low/ 10 Magnolia grandiflora 19 Good Moderate $7,680 Southern magnolia Low/ 11 Magnolia grandiflora 21 Good Moderate $8,110 4 16 12933 Regan Lane Attachment 2 TREE REMOVAL CRITERIA FOR SARATOGA Criteria that permit the removal of a protected tree are listed below. This information is from Article 15-50.080 of the City Code and is applied to any tree requested for removal as part of the project. If findings are made that meet the criteria listed below, the tree(s) may be approved for removal and replacement during construction. (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services, and whether the tree is a Dead tree or a Fallen tree. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the property. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly on steep slopes. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the general welfare of residents in the area. (5) The age and number of healthy trees the property is able to support according to good forestry practices. (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. (8) Any other information relevant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in Section 15-50.010 (9) The necessity to remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. (10) The necessity to remove the tree for installation and efficient operation of solar panels, subject to the requirements that the tree(s) to be removed, shall not be removed until solar panels have been installed and replacement trees planted in conformance with the City Arborist's recommendation. 5 17 12933 Regan Lane 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 report shall be copied onto a plan sheet and included in the final set of plans as the Tree Preservation and Protection Plan. 3. The designated Project Arborist shall be Joshua Fengel, unless otherwise approved by the City Arborist. 4. A Tree Protection Security Deposit is required per City Ordinance 15-50.080. 5. The Tree Protection Security Deposit shall be $9,000 for tree(s) 1, 2 and 4 – 11. 6. The Tree Protection Security Deposit shall be obtained by the owner and filed with the Community Development Department before obtaining Building Division permits. 7. The Tree Protection Security Deposit may be in the form of cash, check, credit card payment or a bond. 8. The Tree Protection Security Deposit shall remain in place for the duration of construction of the project. 9. The Tree Protection Security Deposit may be released once the project has been completed, inspected and approved by the City Arborist. 10. Tree Protection Fencing shall be installed as shown on the attached map. 11. Tree Protection Fencing shall be established prior to the arrival of construction equipment or materials on site. 12. Tree Protection Fencing 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. 13. Tree Protection Fencing shall be posted with signs saying “TREE PROTECTION FENCE - DO NOT MOVE OR REMOVE WITHOUT APPROVAL FROM CITY ARBORIST, KATE BEAR (408) 868-1276”. 14. 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. 15. Tree protection fencing shall remain undisturbed throughout the construction until final inspection. 6 18 12933 Regan Lane Attachment 3 16. If contractor feels that work must be done inside the tree protection area, call City Arborist to arrange a field meeting before performing work. 17. The Project Arborist shall visit the site every month. Following visits to the site, the Project Arborist shall provide the City with a report including photos documenting the progress of the project and noting any tree issues. 18. 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. 19. 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. 20. 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. 21. Trenching to install utilities is not permitted inside tree protection fencing. 22. Roots of protected trees measuring two inches in diameter or more shall not be cut without prior approval of the Project Arborist. Roots measuring less than two inches in diameter may be cut using a sharp pruning tool. 23. 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. 24. Tree 3 meets the criteria for removal and may be removed and replaced once Building Division permits have been issued. 25. 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. 26. New trees equal to $4,680 shall be planted as part of the project before final inspection and occupancy of the new home. 27. The new trees may be of any species and planted anywhere on the property that does not encroach on existing trees. 28. Replacement values for new trees are listed below. 15 gallon = $350 24 inch box = $550 36 inch box = $1,550 48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000 29. Water loving plants and lawns are not permitted under oak tree canopies. 7 19 12933 Regan Lane Attachment 3 30. Should any tree be damaged beyond repair, new trees shall be required to replace the tree. If there is insufficient room to plant new trees, some or all of the replacement value for trees shall be paid into the City’s Tree Fund. 31. 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. 32. 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 20 1 Attachment 4 Legend Tree Canopy Tree Protection Fencing 2 3 4 12933 Regan Lane 11 10 6 5 7 8 9 9 21 22 23 24 25 26 27 REPORT TO THE PLANNING COMMISSION Meeting Date: October 14, 2015 Application: Conditional Use Permit Modification MOD15-0007 Location / APN: 12850 Saratoga Avenue 386-14-016 Owner / Applicant: Westhope Presbyterian Church/Nadia Bougachouch Staff Planner: Sandy L. Baily, Special Projects Manager 12850 Saratoga Avenue 28 2 SUMMARY ZONING GENERAL PLAN DESIGNATION PARCEL SIZE Single Family Residential Community Facility (CFS) 3.75 acres (R-1:10,000) PROJECT DESCRIPTION: The applicant is requesting a modification of an existing Conditional Use Permit in order to operate a large daycare center/preschool (French Cultural Preschool) with a maximum enrollment of 15 students. The preschool will occupy existing classroom space within the Westhope Presbyterian Church. No changes are required or proposed to the building. Land uses surrounding the site are Quito Park and Challenger School to the east, residential and religious institution to the south and residential uses to the west and north. The site contains a church with accessory uses and a small daycare center/preschool (French Cultural Preschool) with an outside play area. The church is not part of this application. Conditions of a conditional use permit are imposed in order to preserve the public health, safety or welfare. A conditional use permit may be revoked by the Planning Commission upon a determination that the holder of the permit has failed to comply with any condition. Section 15-55.070 of the Municipal Code - Findings for issuance of permit (a) That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. (b) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. (c) That the proposed conditional use will comply with each of the applicable provisions of this Zoning Ordinance. (d) That the proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. STAFF RECOMMENDATION: Adopt Resolution No. 15-043 approving the project subject to conditions of approval. BACKGROUND: July 8, 1963 - A Conditional Use Permit was approved at this site to operate a church, with educational buildings. September 8, 1969 - A Conditional Use Permit was approved to operate day school classes at the site for up to 50 children. The Church designated specific rooms as classrooms and restroom facilities for the use. The time period requested for this use was for only one year 29 3 and the use therefore ceased. July 10, 1972 - A Conditional Use Permit was approved to operate a nursery school at the site for up to 30 students. Subsequently this use ceased. September 25, 2014 - The applicant obtained a business license from the City to operate a small daycare/preschool facility at the site with a maximum of eight students as permitted by State law. September 1, 2015 - Applicant filed an application to increase from a small daycare/preschool to a large daycare/preschool. Since the use already exists and no changes are proposed to the building, staff determined this was a minor request and therefore only required a Conditional Use Permit modification application and did not require a zone change for the site to develop a master plan. Additionally, the proposed increase from eight to fifteen students does not materially increase the State’s student to attendant requirements nor does the increase trigger any additional physical improvements. DISCUSSION: The following paragraphs outline the key operations of the use applicable to the project. Recommended Conditions of Approval are incorporated in the Resolution (Attachment 1). Operations Data and Intensity of Use EXISTING PROPOSED Number of Students Max: 8 per day Max: 15 per day Number of Aides/ Instructors on site at one time Max: 3 Max: 3 Business Hours Mon-Fri 8 AM to 5:30 PM Mon-Fri 8 AM to 5:30 PM Parking: The site contains 111 parking spaces. 50 of the spaces are shared parking for both the church and Quito Park (located at the rear of the subject property). The City of Saratoga has an arrangement with the church in regards to access and parking for the park. The Church allows the public to use 50 of their spaces for the park and provides a gated access to the park. In return the City maintains the parking lot for the Church. Pursuant to City Code, the required parking for schools is one space for each employee plus additional spaces as determined by the Planning Commission to be adequate for student/visitors. Based on previous parking studies done for the City for school uses, a maximum parking ratio previously used by the city was 0.28 spaces per student. It should be noted that this ratio included students and staff and was the highest observed parking demand for a similar use and therefore, represents the most conservative approach in analyzing parking requirements. Based on this rate, the proposed 15 student daycare/preschool use is estimated to require five parking spaces. Staff also reviewed the Church’s current parking demands based on the hours of use noted below. Church (not part of this application) Sunday Service 10 AM Evening Service Tuesday 7 PM Morning Prayer Monday through Thursday 9 AM Senior Center Monday 9 AM to 2 PM 30 4 Since eight parking spaces have been assigned to this use and there is an overflow of additional parking spaces available on site that the Church is not using during the operation of the preschool/daycare, staff has concluded that the existing parking would accommodate the proposed use in conjunction with the Church use. In addition, the parking studies noted that the average parking demand for daycare centers would be less than two minutes as parents and caregivers will only be briefly parking in order to assist their children to the school. Traffic: The traffic increase of seven additional students is considered minor. However, based on a neighbor concern about traffic impacts noted below, staff is providing the following information. Using the ITE Trip Generation rates it is estimated that the net increase of seven students would generate less than six additional AM and PM peak hour vehicle trips. The ratio for vehicle trips used by ITE includes employee trips. Since the employee trips currently exist, the net traffic increase would be less than six trips. Neighbor Notification and Correspondence: A public notice for the October 14, 2015 Planning Commission meeting was sent to property owners within 500 feet of the site (Attachment 4). The public hearing notice and description of the project was published in the Saratoga News. Staff has received written public comments which have been included as Attachment 3. One of the comments is from a neighbor who expressed concern for the potential gridlock and reduced pedestrian and vehicle safety if the project is approved. Staff does not have any record of any letters or complaints regarding the current operation of the preschool/daycare. Use Permit Findings The findings required for issuance of a Use Permit are set forth below. Staff believes the applicant’s project has met the burden of proof to support the findings required for approval of a Use Permit under Article 15-55 of the City Code, as set forth below: Finding #1: The Project meets the objectives of the Zoning Ordinance and the purposes of the zoning district in which the site is located. The facility is a conditionally permitted use in a residential district. One purpose of the residential district is to provide space for community facilities to complement residential areas and for institutions, which require a residential environment. Finding #2: The Project will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity. The use permit includes conditions of approval to ensure compliance with all applicable health and safety codes and Building and Fire Department requirements. Additional conditions are provided to regulate the number of students and hours of operation to protect the adjacent residential uses. Finding #3: The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance. The use permit includes conditions of approval to ensure compliance with zoning requirements. Any intensification of this use will 31 5 require an amended Conditional Use Permit. Finding #4: The proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. The use currently exists and there have been no complaints regarding the use. Conditions are provided to regulate the number of students and hours of operation to protect the adjacent residential uses. ENVIRONMENTAL DETERMINATION: The proposed project consists of increasing the number of students for an existing daycare/preschool use in an existing building. The project is Class 3 Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Chapter 3, Article 19, Section 15301. Class 3 exemptions include the conversion of an existing small structure from one use to another where only minor modifications are made in the exterior of the structure. ATTACHMENTS: 1. Resolution of Approval 2. Letter from Applicant and Property Owner dated August 31, 2015 3. Public comments 4. Public hearing notice, mailing addresses, and map for project notification 5. Floor Plan 32 RESOLUTION NO. 15-043 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION FOR A MODIFICATION OF A CONDITIONAL USE PERMIT MOD15-0007, LOCATED AT 12850 SARATOGA AVENUE WHEREAS, on September 1, 2015, the property owner/applicant submitted an application MOD15-00047 requesting modification of a Conditional Use Permit to operate a large daycare/preschool on the premises of Westhope Presbyterian Church; and 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; and WHEREAS, on October 14, 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 Class 3 Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Chapter 3, Article 19, Section 15301. Class 3 exemptions include the conversion of an existing small structure from one use to another where only minor modifications are made in the exterior of the structure. The proposed project consists of increasing the number of students for an existing daycare/preschool use in an existing building. Section 3: The findings required for issuance of a Use Permit are set forth below. The applicant’s project has met the burden of proof to support the findings required for approval of a Conditional Use Permit under Article 15-55 of the City Code, as set forth below: Finding #1: The Project meets the objectives of the Zoning Ordinance and the purposes of the zoning district in which the site is located. The facility is a conditionally permitted use in a residential district. One purpose of the residential district is to provide space for community facilities to complement residential areas and for institutions, which require a residential environment. Finding #2: The Project will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity. The use permit includes conditions of approval to ensure compliance with all applicable health and safety codes and Building and Fire Department requirements. Additional conditions are provided to regulate the number of students and hours of operation to protect the adjacent residential uses. 33 Resolution No. 15-043 Finding #3: The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance. The use permit includes conditions of approval to ensure compliance with zoning requirements. Any intensification of this use will require an amended Conditional Use Permit. Finding #4: The proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. The use currently exists and there have been no complaints regarding the use. Conditions are provided to regulate the number of students and hours of operation to protect the adjacent residential uses. Section 4: The City of Saratoga Planning Commission hereby approves application MOD15-0007, for the project located at 12850 Saratoga Avenue, subject to the Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 14th day of October 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Leonard Almalech Chair, Planning Commission Exhibit 1 34 Resolution No. 15-043 CONDITIONS OF APPROVAL 12850 SARATOGA AVENUE CONDITIONS OF APPROVAL A. GENERAL 1. 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. Conditions may be modified by the Planning Commission unless it is expressly otherwise allowed by the city code including but not limited to section 16- 05.035 as applicable. 2. Any intensification of this use or the church use shall require a new Conditional Use Permit. Examples of intensification of use include, but are not limited to, physical changes to the site or structure of the use to accommodate more congregation seating, employees or students and changes in operations or equipment that result in ongoing increases in traffic, noise, or other physical effects. 3. The Community Development Department shall review the Conditional Use Permit upon receipt of any complaints. Any non-compliance issues identified by the Community Development Department shall be reported to the Planning Commission. 4. The use shall at all times operate in compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdictional authority over the use pertaining to, but not limited to health, sanitation and safety. 5. The Owner and Applicant will be mailed a statement, after the time the Resolution granting this approval is duly executed, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 6. 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. 7. 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 35 Resolution No. 15-043 b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance from the Community Development Director, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold Harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. COMMUNITY DEVELOPMENT 8. Hours of Business Operation. The allowed hours of operation shall be from 8:00 AM to 5:30 PM Monday through Friday. 9. Number of Students. The maximum number of students on site at one time shall not exceed 15. 10. Number of Employees. The maximum number of employees on site at one time shall not exceed three. 11. Exterior Modification. No exterior modifications are proposed. Any change in the exterior may require review and approval by the Community Development Department or the Planning Commission depending on the scope of work. 12. Noise Levels. All noise levels will comply with City Code Article 7-30. 13. Signage. No signage is proposed. Signage shall comply with City Code Article 15-30 and may require review and approval by the Community Development Department. 14. Building Department. The applicant shall comply with all building standards including any tenant improvements necessary to comply with building code. 15. Fire Agency. The applicant shall comply with all Fire Agency requirements 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. 15-043 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION FOR A MODIFICATION OF A CONDITIONAL USE PERMIT MOD15-0007, LOCATED AT 12850 SARATOGA AVENUE WHEREAS, on September 1, 2015, the property owner/applicant submitted an application MOD15-00047 requesting modification of a Conditional Use Permit to operate a large daycare/preschool on the premises of Westhope Presbyterian Church; and 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; and WHEREAS, on October 14, 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 Class 3 Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Chapter 3, Article 19, Section 15301. Class 3 exemptions include the conversion of an existing small structure from one use to another where only minor modifications are made in the exterior of the structure. The proposed project consists of increasing the number of students for an existing daycare/preschool use in an existing building. Section 3: The findings required for issuance of a Use Permit are set forth below. The applicant’s project has met the burden of proof to support the findings required for approval of a Conditional Use Permit under Article 15-55 of the City Code, as set forth below: Finding #1: The Project meets the objectives of the Zoning Ordinance and the purposes of the zoning district in which the site is located. The facility is a conditionally permitted use in a residential district. One purpose of the residential district is to provide space for community facilities to complement residential areas and for institutions, which require a residential environment. Finding #2: The Project will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity. The use permit includes conditions of approval to ensure compliance with all applicable health and safety codes and Building and Fire Department requirements. Additional conditions are provided to regulate the number of students and hours of operation to protect the adjacent residential uses. 51 Resolution No. 15-043 Finding #3: The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance. The use permit includes conditions of approval to ensure compliance with zoning requirements. Any intensification of this use will require an amended Conditional Use Permit. Finding #4: The proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. The use currently exists and there have been no complaints regarding the use. Conditions are provided to regulate the number of students and hours of operation to protect the adjacent residential uses. Section 4: The City of Saratoga Planning Commission hereby approves application MOD15-0007, for the project located at 12850 Saratoga Avenue, subject to the Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 14th day of October 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Leonard Almalech Chair, Planning Commission Exhibit 1 52 Resolution No. 15-043 CONDITIONS OF APPROVAL 12850 SARATOGA AVENUE CONDITIONS OF APPROVAL A. GENERAL 1. 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. Conditions may be modified by the Planning Commission unless it is expressly otherwise allowed by the city code including but not limited to section 16- 05.035 as applicable. 2. Any intensification of this use or the church use shall require a new Conditional Use Permit. Examples of intensification of use include, but are not limited to, physical changes to the site or structure of the use to accommodate more congregation seating, employees or students and changes in operations or equipment that result in ongoing increases in traffic, noise, or other physical effects. 3. The Community Development Department shall review the Conditional Use Permit upon receipt of any complaints. Any non-compliance issues identified by the Community Development Department shall be reported to the Planning Commission. 4. The use shall at all times operate in compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdictional authority over the use pertaining to, but not limited to health, sanitation and safety. 5. The Owner and Applicant will be mailed a statement, after the time the Resolution granting this approval is duly executed, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 6. 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. 7. 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 53 Resolution No. 15-043 b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance from the Community Development Director, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold Harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. COMMUNITY DEVELOPMENT 8. Hours of Business Operation. The allowed hours of operation shall be from 8:00 AM to 5:30 PM Monday through Friday. 9. Number of Students. The maximum number of students on site at one time shall not exceed 15. 10. Number of Employees. The maximum number of employees on site at one time shall not exceed three. 11. Exterior Modification. No exterior modifications are proposed. Any change in the exterior may require review and approval by the Community Development Department or the Planning Commission depending on the scope of work. 12. Noise Levels. All noise levels will comply with City Code Article 7-30. 13. Signage. No signage is proposed. Signage shall comply with City Code Article 15-30 and may require review and approval by the Community Development Department. 14. Building Department. The applicant shall comply with all building standards including any tenant improvements necessary to comply with building code. 15. Fire Agency. The applicant shall comply with all Fire Agency requirements 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Page 1 of 1 REPORT TO THE PLANNING COMMISSION Meeting Date: October 14, 2015 Application: ZOA15-0009 Location / APN: City Wide Applicant: City of Saratoga Staff Planner: Sandy L. Baily, Special Projects Manager PROJECT DESCRIPTION: The City Council has requested that the Planning Commission provide a recommendation regarding a revised Water Efficient Landscaping Ordinance (Article 15-47) due to newly adopted State requirements. The State requirements increase water efficiency standards for new and retrofitted landscapes through more efficient systems, greywater usage, onsite storm water capture and by limiting the portion of new or significantly modified landscapes that can be covered in turf. STAFF RECOMMENDATION: Continue the hearing to a date uncertain to allow for another study session with the Planning Commission on October 27, 2015. Staff is in the process of revising the draft ordinance to address comments from the Planning Commission and the requirements of the new State regulations. 69 Page 1 of 1 REPORT TO THE PLANNING COMMISSION Application No. SUB10-0001 / ENV10-0001 Location/ APN: Mt. Eden Road / 503-13-127,128 Type of Application: Two Lot Subdivision Owner / Applicant: Irany and Karr Staff Planner: Michael Fossati, Planner Meeting Date: October 14, 2015 PROJECT DESCRIPTION: The property owners of a vacant parcel on Mt. Eden Road have proposed a subdivision application to subdivide one lot into two lots within the Hillside Zoning District. STAFF RECOMMENDATION: This item has been continued to a date not certain in order to verify how improvement requirements (i.e. utilities, electricity, water, sanitation, etc.) will be administered within the project. This requires additional review between the City engineer, the planning department, and the applicant. Once a date has been determined, the project will be noticed to all property owners within 500 feet of the project site. 70