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Home My WebLink About10-28-15 Planning Commission Agenda PacketTable of Contents Agenda 3 October 14, 2015 Draft Minutes 5 Application FER15-0002; 13288 Via Arriba Dr. (393-22-006); Mark Zee – The applicant is requesting approval for a fence exception to allow a landscape area between an existing soundwall and sidewalk to be less than two feet along certain areas. The proposed landscape area will include vegetation with drip irrigation. Staff Report 13288 Via Arriba Dr 7 Att 1 Resolution 11 Att 2 Justification Letter 15 Att 3 Plant List Report 19 Att 4 Opposing E-mail 20 Att 5 Reduced Plan Set Exhibit A 25 Application ADR15-0025; 21459 Saratoga Hills Rd. (503-29- 121); Salehi / Adlparvar – The applicant is requesting approval for a new one-story residence with basement. The total floor area of the project is 5,675 sq. ft. (not including certain portions of the lower floor considered “basement” by definition). Per City Code, portions of the lower floor are considered either “basement” or “one-story”. The height of the proposed residence will be no taller than 18 ft. Three trees (two of which are dead) are being approved for removal by the City Arborist. The lot size is approximately three acres and is zoned R-1-40,000. Staff Report 21459 Saratoga Hills Rd 26 Att 1 Resolution 31 Att 2 Arborist Report 36 Att 3 Geotechnical Clearance 45 Att 4 Neighbor Notification 46 Att 5 Reduced Plan Exhibit A 53 Application PDR15-0001; 15261 Norton Road (517-14-081); Constantin / Trafalgar Homes - The applicant is requesting approval for a new 24 foot tall, 4,371 square foot two-story home with a 950 square foot basement. Planning Commission design review is required because the project consists of a new two-story residence over 18 feet in height. Twelve protected trees are being proposed for removal. Staff Contact: Erwin Ordonez (408) 868-1231. Staff Report 67 Att. 1 - Resolution 73 Att. 2 - Arborist Report 79 Att. 3 - Geology Report 89 Att. 4 - Public Hearing Notice 94 Att. 5 - Neighbor Notificatin Forms 98 Att. 6 - CalGreen Checklist 101 Att. 7 - Colored Renderings 109 Att. 9 - Storypole Certification 110 1 Att. 8 - Architect letter 111 Att. 10 - Email from Ken Arora 112 Att. 11 - Plans 113 Application PDR14-0010; 18645 McFarland Ave. (389-14-015); Khorashadi – The applicant is requesting to construct a new two -story residence, two-car garage, and attached secondary dwelling unit. The total floor area of the project would be 3,515 sq. ft. The height would be no taller than 25 feet. No protected trees are being proposed for removal. The site area is 10,000 sq. ft. and the property is zoned R-1-10,000. Staff Report - 18645 McFarland Ave 126 Att 1 Resolution 133 Att 3 Neighbor Notifications 139 Att 4 Opposing Neighbor Letter and Email 148 Att 5 Reduced Plan Exhibit A 155 Application ZOA15-0002, Citywide - Amendment of City Code Section 15-45.075 and 15-46.032 (Story Pole Requirements)- The City Council has requested amendments to the Zoning Regulations to enhance the City’s story pole requirements for Design Review applications. Staff Contact: Erwin Ordonez 408- 868-1231 Staff Report 167 Att. 1 - Resolution 171 Exhibit A - Ordinance 174 Application ZOA15-0010, Citywide - Amendment of City Code Section 15-65 (Nonconforming Uses and Structures)- The City Council has requested amendments to the Zoning Regulations for nonconforming structures to allow exemptions for historic buildings, flexibility for residential additions with nonconforming side yard setbacks, and for an alternative method for determining when nonconforming structures must comply with current regulations. Staff Report 182 Att. 1 - Resolution 185 Exhibit A - Ordinance 188 2 AGENDA REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, October 28, 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 October 14, 2015 COMMUNICATIONS FROM COMMISSION & PUBLIC Oral Communications on Non-Agendized Items Any member of the Public will be allowed to address the Planning Commission for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk within fifteen (15) calendar days of the date of the decision. NEW BUSINESS PUBLIC HEARING All interested persons may appear and be heard at the above time and place. Applicants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing statements. 1. Application FER15-0002; 13288 Via Arriba Dr. (393-22-006); Mark Zee – The applicant is requesting approval for a fence exception to allow a landscape area between an existing soundwall and sidewalk to be less than two feet along certain areas. The proposed landscape area will include vegetation with drip irrigation. Recommended action: Adopt Resolution No. 15-047 approving Fence Exception Request application (FER15-0002) subject to conditions of approval. 2. Application ADR15-0025; 21459 Saratoga Hills Rd. (503-29-121); Salehi / Adlparvar – The applicant is requesting approval for a new one-story residence with basement. The total floor area of the project is 5,675 sq. ft. (not including certain portions of the lower floor considered “basement” by definition). Per City Code, portions of the lower floor are considered either “basement” or “one-story”. The height of the proposed residence will be no taller than 18 ft. Three trees (two of which are dead) are being approved for removal by the City Arborist. The lot size is approximately three acres and is zoned R-1-40,000. 3 Recommended action: Adopt Resolution No. 15-046 approving Design Review ADR15-0011 subject to conditions of approval. 3. Application PDR15-0001; 15261 Norton Road (517-14-081); Constantin / Trafalgar Homes - The applicant is requesting approval for a new 24 foot tall, 4,371 square foot two-story home with a 950 square foot basement. Planning Commission design review is required because the project consists of a new two-story residence over 18 feet in height. Twelve protected trees are being proposed for removal. Staff Contact: Erwin Ordonez (408) 868-1231. Recommended action: Adopt Resolution No. 15-045 approving the project subject to conditions of approval. 4. Application PDR14-0010; 18645 McFarland Ave. (389-14-015); Khorashadi – The applicant is requesting to construct a new two-story residence, two-car garage, and attached secondary dwelling unit. The total floor area of the project would be 3,515 sq. ft. The height would be no taller than 25 feet. No protected trees are being proposed for removal. The site area is 10,000 sq. ft. and the property is zoned R-1-10,000. Recommended action: Adopt Resolution No. 14-048 approving Design Review PDR14-0010 subject to conditions of approval. 5. Application ZOA15-0002, Citywide - Amendment of City Code Section 15-45.075 and 15-46.032 (Story Pole Requirements)- The City Council has requested amendments to the Zoning Regulations to enhance the City’s story pole requirements for Design Review applications. Staff Contact: Erwin Ordonez 408-868- 1231. Recommended action: Recommend the Planning Commission adopt the attached resolution recommending that the City Council adopt an ordinance which includes various changes to Articles 15-45 and 15-46(Design Review Story Pole Requirements) of the Saratoga City Code. 6. Application ZOA15-0010, Citywide - Amendment of City Code Section 15-65 (Nonconforming Uses and Structures) - The City Council has requested amendments to the Zoning Regulations for nonconforming structures to allow exemptions for historic buildings, flexibility for residential additions with nonconforming side yard setbacks, and for an alternative method for determining when nonconforming structures must comply with current regulations. Recommended action: Recommend the Planning Commission adopt the attached resolution recommending that the City Council adopt an ordinance which includes various changes to Articles 15-65 (Nonconforming Uses and Structures) of the Saratoga City Code. 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 22, 2015 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. You can also sign up to receive email notifications when Commission agendas and minutes have been added to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp. NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 4 ACTION MINUTES REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, October 14, 2015 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE ROLL CALL PRESENT Commissioners Sunil Ahuja (arrived 7:09 pm), 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 Sandy Baily, Senior Project Manager COMMUNICATIONS FROM COMMISSION & PUBLIC APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of September 9, 2015 Action: FITZSIMMONS/WALIA MOVED TO APPROVE THE SEPTEMBER 9, 2015 MINUTES. MOTION PASSED. AYES: ALMALECH, CHANG, FITZSIMMONS, HLAVA, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: AHUJA 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 Action: HLAVA/FITZSIMMONS MOVED TO ADOPT RESOLUTION NO. 15-044 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA, SMULLEN. NOES: NONE. RECUSED: WALIA. ABSTAIN: NONE. 5 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 Action: WALIA/FITZSIMMONS MOVED TO ADOPT RESOLUTION NO. 15-043 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE 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 and retrofitted landscapes through more efficient systems, greywater usage, on site 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. Action: HLAVA/WALIA MOVED TO CONTINUE THIS ITEM TO A DATE UNCERTAIN AND RE- ADVERTISE. MOTION PASSED. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE 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. Action: WALIA/HLAVA MOVED TO CONTINUE THIS ITEM TO A DATE UNCERTAIN. MOTION PASSED. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE ADJOURNMENT WALIA MOVED TO ADJOURN AT 8:05 PM. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 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 6 REPORT TO THE PLANNING COMMISSION Meeting Date: October 28, 2015 Application: Fence Exception / FER15-0002 Location/APN: 13288 Via Arriba / 393-22-006 Owner / Applicant: Mark Zee Staff Planner: Michael Fossati 13288 Via Arriba Dr. 7 Application No. FER15-0002 / 13288 Via Arriba Dr. 2 EXECUTIVE SUMMARY ZONING Single-Family Residential (R1-12,500) GENERAL PLAN DESIGNATION Medium Density Residential (M-15) PROJECT SUMMARY: The applicant is requesting approval via the fence exception process to allow a landscape median area between an existing eight foot tall soundwall and sidewalk to be less than two feet along certain areas. The proposed landscape median area will include vegetation with drip irrigation. Per City Code, a landscape median less than two feet would not be allowed, unless a fence exception is granted by the Planning Commission. S TAFF RECOMMENDATION: Adopt Resolution No. 15-047 approving Fence Exception Request application (FER15-0002) subject to conditions of approval. SITE AND PROJECT CHARACTERISTICS Project Description: The applicant built a pre-cast concrete eight foot soundwall behind 13288 Via Arriba Dr. in November 2014. The Building Division issued a permit for the wall without requiring the applicant to include required landscaping and a complaint was filed with the City Manager’s Office by a resident across from the project site. Since the complaint, City staff has been working with the applicant to address the landscaping requirement and this has resulted in the current fence exception request. The City Code allows for the approval of a soundwall permit in order to mitigate noise along portions of Saratoga Avenue. This permit can be approved by the Community Development Department assuming certain standards are followed. One of those standards includes a landscaped area between the fence and the interior edge of the sidewalk. A five foot landscape median is required, with an exception that would allow a landscape median area between two feet and five feet, per Community Development Director (CDD) approval. The CDD may not approve a landscape area of less than two feet. As proposed, the soundwall itself meets the two foot landscape median area. Yet, the concrete columns that support the soundwall do not meet that requirement. The concrete columns are 18 inches from the interior edge of the sidewalk. As a result, the applicant has submitted an application for a fence exception to allow a landscape area less than the standard prescribed by City Code. The applicant has provided a justification letter on his request for a soundwall (Attachment 2). Materials and Colors Proposed: 8 Application No. FER15-0002 / 13288 Via Arriba Dr. 3 The proposed soundwall is constructed of precast concrete in an off white color. The eight foot wall panels would be attached eight and a half foot concrete columns with top caps. The landscape strip would be planted with star jasmine vines. The evergreen plant is fast growing and has foliage that is dark green and glossy, and it bears white flowers during the spring and summer. The star jasmine would be irrigated with drip irrigation. The intention of the landscaping is for the vines to climb up the wall to mitigate the view of the bare wall plane. The applicant has also recommended cypress trees to be installed within the landscape median area. Staff consulted the City Arborist regarding the proposal and she agreed that cypress trees would soften the look of the wall. If cypress trees were to be installed, they should of the 15 gallon variety. Per the San Jose Water Company – Water-Wise Gardening, both plants are drought tolerant with a water consumption level of medium. See Attachment 3. As a condition of approval, a landscape maintenance agreement between the City and the applicant would be required and recorded to title, requiring such landscaping be maintained throughout the life of the soundwall. As with any condition recorded to title, the agreement would be transferred to any new owners of the property. Neighborhood Compatibility Several lots on Via Arriba have rear soundwalls or soundwall fences along Saratoga Avenue. Staff surveyed these lots and measured the setback between the face of wall/fence and edge of sidewalk. Address Distance 13372 Via Arriba 26” 13350 Via Arriba 0” 13371 Saratoga Ave. 10” 13288 Via Arriba (project site) 24” / 18” from column 13272 Via Arriba 8” 13250 Via Arriba 6 ½” As demonstrated in the data table above, the proposed landscape median would exceed landscape medians of the majority of properties neighboring the project. Neighborhood Notification The applicant has not submitted any neighborhood notification forms. A property owner across the street from the project site has filed a complaint regarding the constructed sound wall and opposes the project due to it not meeting the landscape planter width standards prescribed by City Code. His e-mails have been included as Attachment 4. FINDINGS: The findings required for issuance of a Fence Exception pursuant to City Code Section 15-29.090 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: 9 Application No. FER15-0002 / 13288 Via Arriba Dr. 4 Finding #1: The subject fence will be compatible with other similar structures in the neighborhood. This finding can be made because the proposed fence would be compatible with the location and placement of existing fencing in the surrounding neighborhood. All lots that are along Via Arriba with rear property lines along Saratoga Avenue have either concrete or wood soundwalls. Finding #2: The entirety of the subject fence will be constructed of materials that are of high quality, exhibit superior craftsmanship, and that are durable. This finding can be made because the fence would be constructed of precast concrete, which is a high quality and durable material. Craftsmanship has been exhibited for the construction of the wall in that the wall exhibits quality of design and strength. Finding #3: The modification will not impair the integrity and character of the neighborhood in which the fence is located. This finding can be made because the proposed soundwall will match placement, location, and construction materials match concrete and wood soundwalls along the northern side of Saratoga Avenue, between Via Monte Drive and Highway 85. Furthermore, the face of the wall would be softened by star jasmine vines or Italian cypress tree to be planted along the front of the wall. The existing wood soundwall fences located immediately to the east and west have landscape median areas closer to the edge of sidewalk and do not have any landscaping within those areas. Finding #4: The granting of the exception will not be detrimental or injurious to the property, adjacent neighbors, or improvements in the general vicinity and district in which the property is located. This finding can be made because the proposed location, landscape median, height, style, proposed landscape, and construction material of the proposed soundwall are consistent with properties along Saratoga Avenue and Via Arriba. Finding #5: The granting of the exception will not create a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstruct the safe access to and from adjacent properties. This finding can be made because the proposed soundwall would not interfere with visibility for pedestrian, bicyclist and vehicular traffic within the area, as it is located along the street and not within any view corridors that could affect safety for users of the street or sidewalk. ENVIRONMENTAL DETERMINATION: The proposed Fence Exception Request is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines (14 C.C.R. Section 15303) “New Construction or Conversion of Small Structures. This exemption allows for the construction and location of limited numbers of new, small facilities or structures and no exception to that exemption applies. ATTACHMENTS: 1. Resolution of Approval 2. Letter from Applicant 3. Plant Water Report, by San Jose Water Company 4. E-mails in opposition 5. Reduced Plans, Exhibit "A" 10 RESOLUTION NO: 15-047 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING FENCE EXCEPTION FER15-0002 LOCATED AT 13288 VIA ARRIBA WHEREAS, an application was submitted by Mark Zee requesting Fence Exception approval for a fence exception to allow a landscape area between an existing soundwall and sidewalk to be less than two feet along certain areas. The proposed landscape area will include vegetation with drip irrigation. 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 28, 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 proposed Fence Exception Request is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines (14 C.C.R. Section 15303) “New Construction or Conversion of Small Structures. This exemption allows for the construction and location of limited numbers of new, small facilities or structures 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; 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 The subject fence will be compatible with other similar structures in the neighborhood, and the entirety of the subject fence will be constructed of materials that are of high quality, exhibit superior craftsmanship, and that are durable, the modification will not impair the integrity and character of the neighborhood in which the fence is located, and the granting of the exception will not be detrimental or injurious to the property, adjacent neighbors, or improvements in the general vicinity and district in which the 11 Resolution No. 15-047 property is located; and the granting of the exception will not create a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstruct the safe access to and from adjacent properties Section 5: The City of Saratoga Planning Commission hereby approves FER15-0002, located at , 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 28th day of October 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Leonard Almalech Chair, Planning Commission 12 Resolution No. 15-047 Exhibit 1 CONDITIONS OF APPROVAL 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. 5. Construction must be commenced within 36 months of the date of this approval (October 28, 2018), or the resolution will expire. COMMUNITY DEVELOPMENT 13 Resolution No. 15-047 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 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 for the soundwall. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department and referenced in Condition No. 6 above; b. A note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the root zone of any Ordinance-protected tree on the site; c. This Resolution printed onto separate construction plan pages; d. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 8. Maintenance of Construction Project Sites. Because this Approval authorizes a project which requires a Building Permit, compliance with City Code Section 16-75.050 governing maintenance of construction project sites is required. 9. 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. 10. Landscape Maintenance Agreement. The applicant shall landscape and permanently maintain an area parallel to and along the entire exterior side of the fence facing the street, in accordance with a landscape plan approved by the Community Development Director. All or any portion of such area may be located within the public right-of-way, subject to approval by the Community Development Director. Prior to issuance of the fence permit, a landscape maintenance agreement shall be executed by the applicant and recorded in the office of the County Recorder, which agreement shall constitute a covenant running with the land. 14 15 16 17 18 Plant List Botanical Name: Trachelospermum jasminoides Common Name: Star Jasmine, Confederate Jasmine Plant Type: Shrub, Vine Plant Height: 1-3', 3-6', 6-12', 12-25', 25-40' Flower Color: White Sun: Full, Half, Shade Water: Medium The star jasmine is an evergreen vine that grows 20 ft. tall or a ground cover that reaches 1-2 ft. tall and 4-5 ft. wide. It has white fragrant flowers in the summer and can tolerate sun or partial shade. The star jasmine is also drought tolerant. -Cornflower Farms Attracts Wildlife: n/a Leaf Color: Green, Dark Green Flower Season: Spring, Summer Botanical Name: Cupressus sempervirens 'Stricta' Common Name: Italian Cypress Plant Type: Tree, Conifer Plant Height: 12-25', 25-40' Flower Color: n/a Sun: Full Water: Medium Italian Cypress is often associated with Italian and Spanish architecture, providing columns in the landscape. They often reach 60' tall. 'Stricta' is compact, columnar and produces long, straight branches with deep green foliage. Attracts Wildlife: n/a Leaf Color: Dark Green Flower Season: n/a 1 of 1 10/21/2015 11:20 AM 19 1 Michael Fossati Subject:FW: FW: met with staff - thank you Emily, How do I pursue this fence issue further that I raised in November of 2014? I asked for an update on the illegal fences that were put up this year and have not had a reply. There are multiple properties where fences have been raised that violate the fence code and in viewing them today none have made any changes. 1. 13277 Via Arriba Drive 2. 12743 McCartysville Place 3. 20520 Reid Lane 4. This fourth property at 13975 Saratoga Ave is where the bushes are now over 6ft tall where the owner is supposed to keep them below 3ft. I'm not sure of the process to follow up with owners or if our fence ordinance is just ignored by all, but this last property at 13975 Saratoga Ave I have pointed out is a hazard due to all the drivers from the High School turning from Herriman without clear vision down Saratoga Ave. Do I need to attend the next meeting to raise this on the agenda? below are pictures I had sent when this was raised originally. 1. New wall built along Saratoga Road at Ranfre Lane. 13288 Via Arriba Drive. The 8ft 'highway' wall replaced a much shorter fence and did not leave the required space for landscaping. (original fence) 20 2 (new wall being put in place by crane) 2. New fence built replacing wall and landscaping with multiple trees facing Cox Ave, at corner of Cox and Saratoga Sunnyvale Road. The home's address is 12743 McCartysville Place and this was their back fence. 21 3 3. New Highway wall at Reid Lane and Saratoga/Sunnyvale Road with NO landscaping and less than the required distance between it and the sidewalk (here is the new wall being built recently) It is a garish orange color now!!!! ugly as sin with no landscaping or space for landscaping!! The rule it violates: Where the fence is located within a front setback area abutting one of the arterial streets specified herein, the fence may be located no closer than ten feet from the front property line and shall not exceed eight feet in height, Cheers, Mark Peebles "A pessimist is one who makes difficulties of his opportunities and an optimist is one who makes opportunities of his difficulties." - Harry S. Truman On Thu, Dec 11, 2014 at 9:45 AM, Emily Lo <elo@saratoga.ca.us> wrote: Hi Mark, 22 4 Thanks for your note. I am glad you find the meeting helpful to answer your questions. Happy Holidays to you and your family. Regards, Emily -------- Original message -------- From: Mark Peebles <markpeebles@gmail.com> Date:12/11/2014 5:46 AM (GMT-08:00) To: Emily Lo <elo@saratoga.ca.us>, Howard Miller <hmiller@saratoga.ca.us> Cc: James Lindsay <jlindsay@saratoga.ca.us>, Christopher Riordan <criordan@saratoga.ca.us> Subject: met with staff - thank you Emily & Howard, I wanted to let you know that I met with James and Chris (at their request) to review the fence/wall issues I had raised. I'm very appreciative of their time and efforts to respond to the issues I raised, and the meeting helped clarify the issues and the possible solutions. Prior to the meeting I was well aware of the great people working to make the city a better place to live, and I came away from the meeting feeling even stronger about that opinion! Thank you for everyone's efforts on these issues!! 23 5 Cheers, Mark Peebles "A pessimist is one who makes difficulties of his opportunities and an optimist is one who makes opportunities of his difficulties." - Harry S. Truman 24 25 REPORT TO THE PLANNING COMMISSION Meeting Date: October 28, 2015 Application: ADR15-0011 Location/APN: 21459 Saratoga Hills Rd. / 503-24-121 Applicant/Owner: Adlearvar / Malek Staff Planner: Michael Fossati 21459 Saratoga Hills Rd. 26 Page 2 of 5 SUMMARY PROJECT DESCRIPTION: The applicant requests to demolish an existing one-story residence in order to construct a new 5,675 sq. ft. single-story residence with a daylight basement, two-car garage and two-car carport. The height of the new residence will not exceed 18 feet. Three trees (two of which are dead) are proposed to be removed. STAFF RECOMMENDATION: Adopt Resolution No. 15-046 approving Design Review ADR15-0011 subject to conditions of approval. Design Review Approval by the Planning Commission is required per City Code Section 15-45.060(a)(3). PROJECT DATA: Site Area: 129,250 square feet Average Site Slope: 29.6% Grading: 1,595 cy (not including basement) General Plan Designation: RVLD (Very Low Density Residential) Zoning: R-1-40,000 Proposed Allowable/Required Proposed Site Coverage House & Garage: Lightwells: Porches/Balcony Driveway (Asphalt): Fountain: Pervious Paver Driveway (4,600): Pervious Walkway (3,550) Total Proposed Site Coverage 5,331 SF 803 SF 1,141 SF 5,776 SF 125 SF 2,300 SF 1,775 SF 17,251 SF (13%) 45,237 SF Floor Area First Floor: Basement (counted as FAR): Total Proposed Floor Area Basement (not counted as FAR) 5,331 SF 344 SF 5,675 SF 4,668 SF 6,200 SF Height (Residence) Lowest Elevation Point Highest Elevation Point Average Elevation Point Proposed Topmost Point 175.5 FT 195.0 FT 185.25 FT 203.25 (18 FT) Maximum Height = 211.25 (26 Feet) Setbacks Front: Left Side: Right Side: Rear: 184’ 37’ 71’ 163’ 30’ 20’ 20’ 50’ 27 Application No. ADR15-0011 / 21459 Saratoga Hills Rd. Page 3 of 5 PROJECT DESCRIPTION AND SITE CHARACTERISTICS An existing one story single-family home is located approximately at the center of the project site and accessed via a private drive from Saratoga Hills Rd. A replacement residence is proposed to be built approximately within the same building footprint of the existing residence. The closest homes in the immediate vicinity are located to the east of the site which is a semi-rural area. The 5,675 sq. ft. one story residence would be approximately 18 feet in height and includes an attached garage, a daylight basement and two-car carport. Over ninety percent of the basement is located underground, with approximately ten percent of the basement being exposed above natural grade. The portion of basement included as floor area is 344 sq. ft. of garage space. No additional structures are proposed. The Mediterranean influenced styled residence would have an earth-tone beige stucco exterior, limestone moldings and trim, "S"-clay tile roof and decorative metal chimney cap. Railings along the edges of the proposed residence would be stucco Greek balustrades style. A colors and materials board has been submitted to the Community Development Department and will be present at the site visit and public hearing. The following table lists the proposed exterior materials. As proposed, the house uses many curved architectural elements for roof and wall components to break up potentially long wall and roof expanses. These elements help provide much needed articulation and variety in wall planes for what otherwise would be a sprawling structure. Detail Colors and Materials Exterior Beige colored stucco Trim “Limestone” off-white moldings, trim and balustrades Windows "Off-shite" aluminum-clad windows Roof “Earth tone” clay "S"-tiles Trees Twenty trees have been inventoried for the project. Three protected trees are being proposed for removal. They include one Chinese elm and two blue oaks, which are already dead. The value of the trees proposed for removal equals $15,340. The applicant is required to plant trees equaling the value of the trees to be removed. The arborist report is included as Attachment #2. Geotechnical Clearance The City Geologist has provided geologic clearance for the proposed project and recommended conditions have been included in the resolution. The memorandum is included as Attachment #3. Neighbor Notification and Correspondence The applicant submitted seven Neighbor Notification Forms signed by adjacent property owners. One neighbor stated "Matt Malek has developed the orchard above my residence in violation of many standards. I'm concerned that these practices may continue in the 28 Application No. ADR15-0011 / 21459 Saratoga Hills Rd. Page 4 of 5 remodeling of the house." If this project is approved, City staff will continue to ensure that all applicable codes and regulations are adhered to as part of its construction. Copies of the neighbor notification forms are included as Attachment #4. Staff mailed a “Notice of Public Hearing” to all property owners within 500 feet of the subject property. The public hearing notice and description of the project was published in the Saratoga News. No additional written comments, either positive or negative, were received prior to the completion of this staff report. ENVIRONMENTAL DETERMINATION The project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, “New Construction or Conversion of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction of three single-family residence in a residential area. 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. (a) 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 because the project has been designed take advantage of the flattest portion of the site while utilizing the existing cuts created by the existing basement. (b) All protected trees shall be preserved, as provided in Article 15-50 (Tree Regulations). If constraints exist on the property, the number of protected trees, heritage trees, and native trees approved for removal shall be reduced to an absolute minimum. Removal of any smaller oak trees deemed to be in good health by the City Arborist shall be minimized using the criteria set forth in Section 15-50.080. This finding can be made because each of the three trees proposed for removal met at least five of the 10 criteria needed for removal, including tree condition, number, species, size and location of existing trees in the area, and the necessity to remove for enjoyment of the property when there is no other feasible alternative to the removal. Two of the trees proposed to be removed are already dead. (c) The height of the structure, its location on the site, and its architectural elements are designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds. This finding can be made because the proposed two story residence is proposed to be built within the center of the site, where a substantial drop in elevation occurs. Only a small portion of the structure is considered two story, since the majority of the proposed residence is located one story with basement. Furthermore, the residence is significantly setback from nearby residences in the neighboring vicinity and the height of the residence is at or below 18 feet. 29 Application No. ADR15-0011 / 21459 Saratoga Hills Rd. Page 5 of 5 (d) The overall mass and the height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood. This finding can be made in the because the mass is broken up by the low profile design and design features associated with the project, such as Corinthian columns, arched entry elements, limestone molding trim, and clay tile S-roof. The height will not impact privacy or viewsheds of neighboring property owners due to its location in comparison to neighboring structures and the topography of the site. (e) The landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape. This finding can be made because the hardscape in the front setback area is limited to the driveway. The existing location is surrounded by mature trees and orchards, which will be unaffected by the proposed design, because the project is located within the center of the property. (f) Development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy. This finding can be made because a major portion of the residence will be built on the lowest portion of grade on the site. Furthermore, the nearest residences located to north of the site (where solar access could potentially be affected) is significantly setback from the project location, further decreasing the impairment of solar access. (g) The design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055. This finding can be made in the affirmative because the proposed project conforms to the applicable design policies and techniques in the Residential Design Handbook such as minimizing the use of excessive colors and materials, significantly setting the structure from the front property line, maintaining and exceeding the generally established front yard setback along the street and proposing a height that will avoid unreasonable impacts to the privacy and adjoining properties and to community viewsheds. (h) On hillside lots, the location and the design of the structure avoid unreasonable impacts to ridgelines, significant hillside features, community viewsheds, and is in compliance with Section 15-13.100. This finding can be made because although the site is considered a hillside lot by definition, the project it is not located on a ridgeline, will not affect any significant hillside features or community viewsheds, and is not regulated by City Code section 15-13.100. ATTACHMENTS: 1. Resolution 2. Arborist Report dated 09/28/15 3. Geotechnical Clearance Memo, dated 09/14/15 3. Neighbor Notification Forms 4. Reduced Plans (Exhibit A) 30 RESOLUTION NO. 15-046 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION FOR DESIGN REVIEW NO. ADR15-0011 APPROVING A NEW ONE-STORY RESIDENCE LOCATED AT 21459 SARATOGA HILLS RD. (APN 503-24-121) WHEREAS, an application was submitted by Hamed Adlearvar, in order to demolish an existing residence and build a new 5,675 sq. ft., 18 foot tall, one-story residence with daylight basement located at 21459 Saratoga Hills Road. Three trees protected by City Code are required for removal. 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 28, 2015, the Planning Commission held a duly noticed public hearing on the subject application, and after considering evidence presented by City staff, the applicant, and other interested parties, requested the applicant to revise the project to address height, mass, and parking concerns. 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 31 Resolution No. 15-046 Page 2 development follows the natural contours of the site, minimizes grading, and is appropriate given the property's natural constraints; all protected trees shall be preserved, as provided in Article 15- 50 (Tree Regulations) and if constraints exist on the property, the number of protected trees, heritage trees, and native trees approved for removal shall be reduced to an absolute minimum. Removal of any smaller oak trees deemed to be in good health by the City Arborist shall be minimized using the criteria set forth in Section 15-50.080; and the height of the structure, its location on the site, and its architectural elements are designed to avoid unreasonable impacts to the privacy of adjoining properties and to community view sheds; and the overall mass and the height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood; and the landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape; and the development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy; and the design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055; and that if the project is a hillside lot, that the location and the design of the structure avoid unreasonable impacts to ridgelines, significant hillside features, community view sheds, and is in compliance with Section 15-13.100 of the City Code. Section 5: The project is consistent with the Saratoga City Code in that three protected trees are being removed, as determined and approved by the City Arborist. Section 6: The City of Saratoga Planning Commission hereby approves ADR15-0011, located at 21459 Saratoga Hills Road (APN 503-24-121), 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 28th day of October 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Dede Smullen Vice - Chair, Planning Commission 32 Resolution No. 15-046 Page 3 EXHIBIT 1 CONDITIONS OF APPROVAL ADR15-0011 21459 SARATOGA HILLS RD. (APN: 503-24-121) 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. 33 Resolution No. 15-046 Page 4 5. Construction must be commenced within 36 months of the date of this approval (October 28, 2018), 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 April 23, 2015 denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with Condition 3, above. 7. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department and referenced in Condition No. 6 above; b. A note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the root zone of any Ordinance- protected tree on the site; c. This Resolution printed onto separate construction plan pages; d. A final utility plan that shows location of HVAC mechanical equipment outside of required setback areas; e. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined with the above-required Stormwater Detention Plan; f. A final Landscape and Irrigation Plan; and g. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 8. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public right-of-way. 9. Maintenance of Construction Project Sites. Because this Design Review Approval authorizes a project which requires a Building Permit, compliance with City Code Section 16-75.050 governing maintenance of construction project sites is required. 10. Fences, Walls and Hedges. All fences, walls and hedges not in connection with the proposed fence exception shall conform to height requirements provided in City Code Section 15-29. 11. Final Landscaping and Irrigation Plan. The final landscaping and irrigation plan shall take into account the following: 34 Resolution No. 15-046 Page 5 a. To the extent feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. b. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. c. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. d. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. e. Any proposed or required under grounding of utilities shall take into account potential damage to roots of protected trees 12. Fire Department Requirements. Owner/applicant shall comply with all Fire Department requirements. 13. Noise and Construction Hours. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 14. Front yard landscaping. Front yard landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Department valued at 150% of the estimated cost of the installation of such landscaping shall be provided to the City. 15. Construction Management Plan. The applicant shall submit a construction management plan prior to obtaining a building permit. The plan shall address work hours and schedule, equipment/material staging and parking, estimated vehicular traffic, contaminated soil management, dust control measures, noise mitigation, and general health and safety. PUBLIC WORKS 16. Encroachment Permit. The applicant (owner) shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement prior to commencement of the work to implement this Design Review. 35 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REPORT Application No. ARB15-0025 Prepared by Kate Bear, City Arborist Site: 21459 Saratoga Hills Road Phone: (408) 868-1276 Owner: Nemat Maleksalehi Email: kbear@saratoga.ca.us APN: 503-29-121 Email: none provided Report History: Report 1 – New design Date: Plans received August 26, 2015 Arborist report received September 2, 2015 Report completed September 28, 2015 PROJECT SCOPE: The applicant has submitted plans to the City to demolish the existing house and build a new single story house with a basement. It will have an attached two car basement level garage and carport. The project also includes a spa. Three trees, two of which are dead, are requested for removal to construct the project. All meet the City’s criteria allowing their removal and replacement as part of the project. STATUS: Approved by City Arborist with attached conditions. PROJECT DATA IN BRIEF: Tree bond – Required = $40,250 For trees 1 – 4, 7, 9 – 12 and 16 - 20 Tree fencing – Required – See Conditions of Approval and attached map. Tree removals – Trees 5, 6 and 6A are approved for removal once building permits have been obtained. Replacement trees – Required = $15,340 1 36 21459 Saratoga Hills Road 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 Chinese elm (tree 5) is in conflict with the new house and two blue oaks are dead (trees 6 and 6A). All three trees meet the City’s criteria allowing them to be removed and replaced as part of the project, once building division permits have been obtained. Attachment 2 contains the tree removal criteria for reference. Table 1: Summary of Tree Removal Criteria that are met Tree No. Species Criteria met Criteria not met 5 Chinese elm 1, 2, 6, 7, 9 3, 4, 5, 8, 10 6 and 6a Blue oak (dead) 1, 6, 7, 8, 9 2, 3, 4, 5, 10 In addition, one coast live oak and one California bay tree were removed separate from the project and a permit after the fact (ATFTR15-0011) was obtained for them. Replacement Trees The total appraised value of trees 5, 6 and 6a is $7,800. The total appraised value of the oak and the bay tree was $7,540. New trees equal to $15,340 will be required at the end of construction to replace the removed trees. Replacement values for new trees are listed below. New Construction Based on the information provided, and as conditioned, this project complies with the requirement 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. The submitted arborist report, once copied onto a plan sheet and included in the final set of plans, will satisfy this requirement. This report is also to be included in the final set of plans. 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 = $360 24 inch box = $550 36 inch box = $1,550 48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000 2 37 21459 Saratoga Hills Road Attachment 1 PLAN REVIEW: Architectural Plans reviewed: Preparer: Glush Design Associates Date of Plans: August 3, 2015 Sheet A 0.0 Project Data Sheet A 1.0 Site Plan Sheet A.2 Tree Protection Plan Sheet A.3 Upper Floor Plan Sheet A.4 Lower Level Floor Plan Sheet A.6 Front and Right Side Elevations Sheet A.7 Rear and Left Side Elevations Sheet A.8 and A.9 Sections Civil Plans reviewed: Preparer: SMP Engineers Date of Plans: August 3, 2015 Sheet C – 1 Grading and Drainage Plans – Cover Sheet Sheet C – 2 Grading and Drainage Plan Sheet C – 3 Profiles TREE INFORMATION: Arborist Report reviewed: Preparer: Mark Beaudoin, ISA-Certified Arborist, Landscape Architect Date of Report: August 2015 Appraised Values: David Laczko, Ian Geddes and Associates An arborist report dated August 2015 prepared by Mark Beaudoin was submitted to the City for this project. It inventoried 20 trees, 17 of which are protected by Saratoga City Code. 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 European olive Fair/ 1 Olea europaea 17 Good Moderate $1,750 European olive Fair/ 2 Olea europaea 16.5 Good Moderate $1,650 3 38 21459 Saratoga Hills Road Attachment 1 Tree No. Species Trunk Diameter (inches) Condition Intensity of Construction Impacts Appraised value European olive Fair/ 3 Olea europaea 16.5 Good Moderate $1,950 European olive Fair/ 4 Olea europaea 16.5 Poor Moderate $1,400 Chinese elm 5 Ulmus parvifolia 48.5 Good High $7,800 Blue oak 6 Quercus douglasii 23 Dead Low $0 Blue oak 6a Quercus douglasii 19 Dead Low $0 Coast live oak 7 Quercus agrifolia 16 Good High $2,650 8 Shrub -- -- -- -- Coast live oak 9 Quercus agrifolia 15 Good Moderate $4,000 Blue oak 10 Quercus douglasii 19 Fair Low $4,650 Blue oak 11 Quercus douglasii 16.5 Fair Low $2,350 Blue oak 12 Quercus douglasii 27 Fair Low $9,200 Chinese pistache Not 13 Pistacia chinensis 6 Good Moderate Protected Chinese pistache Not 14 Pistacia chinensis 8.5 Fair Moderate Protected Silk Tree Not 15 Albizzia julibrissin 7 Good Moderate Protected Coast live oak 16 Quercus agrifolia 6.5 Fair Moderate $300 Coast live oak 17 Quercus agrifolia 9.5 Fair Moderate $700 Coast live oak 18 Quercus agrifolia 11 Fair Moderate $850 Coast live oak 19 Quercus agrifolia 12 Fair Moderate $950 Chinese tallow 20 Triadica sebifera 12 Good Moderate $4,500 4 39 21459 Saratoga Hills Road Attachment 2 TREE REMOVAL CRITERIA Criteria that permit the removal of a protected tree are listed below. This information is from Article 15-50.080 of the City Code and is applied to any tree requested for removal as part of the project. If findings are made that meet the criteria listed below, the tree(s) may be approved for removal and replacement during construction. (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services, and whether the tree is a Dead tree or a Fallen tree. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the property. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly on steep slopes. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the general welfare of residents in the area. (5) The age and number of healthy trees the property is able to support according to good forestry practices. (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. (8) Any other information relevant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in Section 15-50.010 (9) The necessity to remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. (10) The necessity to remove the tree for installation and efficient operation of solar panels, subject to the requirements that the tree(s) to be removed, shall not be removed until solar panels have been installed and replacement trees planted in conformance with the City Arborist's recommendation. 5 40 21459 Saratoga Hills 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 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 Mark Beaudoin, 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 $40,250 for tree(s) 1 – 4, 7, 9 – 12 and 16 – 20. 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. 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. 6 41 21459 Saratoga Hills Road Attachment 3 17. The Project Arborist shall visit the site every week during grading activities and monthly thereafter. 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. The Project Arborist shall be on site to monitor all work within 6 feet of trees 1 – 4 and 10 feet of trees 7 and 9 – 11. 19. 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. 20. 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. 21. 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. 22. Trenching to install utilities is not permitted inside tree protection fencing. 23. 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. 24. 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. 25. Trees 5, 6 and 6A meet the criteria for removal and may be removed and replaced once Building Division permits have been issued. 26. 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. 27. New trees equal to $15,340 shall be planted as part of the project before final inspection and occupancy of the new home. 28. Replacement trees shall consist of 4 trees shall be from 24-inch box containers. 29. Replacement trees shall be evergreen species. 30. Replacement trees shall reach a height at maturity of 30 feet. 31. Replacement trees shall be planted in the front yard. 7 42 21459 Saratoga Hills Road Attachment 3 32. The 4 Afroocarpus falcatus (a.k.a. Podocarpus gracilior, fern pine) trees planted on the hill will satisfy this condition if they are in good health at the end of the project. 33. Three trees shall be a hardwood species (not conifers or palms) which will reach a height at maturity of 40 feet. They may be deciduous or evergreen, native or ornamental species, and may be planted anywhere on the property that does not encroach on existing trees. 34. The remainder of the new trees may be of any species – palms, conifers, ornamental non-native, or fruit trees. They may be any size, and planted anywhere on the property that does not encroach on existing trees. 35. Replacement values for new trees are listed below. 15 gallon = $360 24 inch box = $550 36 inch box = $1,550 48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000 36. Only drought tolerant plants that are compatible with oaks are permitted under the outer half of the canopy of oak trees on site. 37. Water loving plants and lawns are not permitted under oak tree canopies. 38. 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. 39. 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. 40. 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 43 1 Attachment 4 Legend Tree Protection Fencing 2 3 4 21459 Saratoga Hills Road 6 5 7 6a 9 8 10 12 11 15 14 13 16 17 18 19 20 9 44 Memorandum of Geotechnical Clearance Conditions Page 1 of 1 MEMORANDUM TO: Michael Fossati, Project Planner, Community Development Department CC: Salehi, Malek and Adalparvar, Hamid (Owner & Applicant) FROM: Iveta Harvancik, Senior Engineer SUBJECT: Geotechnical Clearance Conditions for GEO15-0005 at 21459 Saratoga Hills Road DATE: September 14, 2015 1. The applicant’s Geologic and Geotechnical Consultants shall review and approve all geotechnical aspects of the final development plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations and retaining walls) to ensure that the plans, specifications and details accurately reflect the consultants’ recommendations. The Consultant shall evaluate drainage discharge locations considering the potential for erosion and the potential for adverse impacts to slope stability. The results of the plan review shall be summarized by the Project Geotechnical Consultant in a letter and submitted to the City Engineer for review prior to issuance of permits for project construction. 2. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, retaining wall excavation, and foundation construction, prior to placement of fill, steel and concrete. The Consultant shall inspect completed site drainage improvements for conformance with geotechnical recommendations and standards of good geotechnical practice. The results of these inspections and the as-built conditions of the project shall be described by the Project Geotechnical Engineer in a letter(s) and submitted to the City Engineer for review and approval prior to Final (as-built) Project Approval. 3. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant’s review of the project prior to Zone Clearance. 4. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 REPORT TO THE PLANNING COMMISSION Meeting Date: October 28, 2015 Application: PDR15-0001, ARB15-0004 Location / APN: 15261 Norton Road / 517-14-081 Owner/Applicant: Cleo Constantin/Trafalgar Homes Staff Planner: Sandy L. Baily, Special Projects Manager 15261 Norton Road SITE 67 Page 2 of 6 Summary PROJECT DESCRIPTION: The project applicant is requesting Design Review approval to construct a 4,371 square foot two story single-family home with a 950 square foot basement on a vacant site. Twelve protected trees are being proposed for removal. S TAFF RECOMMENDATION: Adopt Resolution No. 15-045 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)(3). PROJECT DATA: Gross Site Area: 48,745 SF / 1.12 acres Net Site Area for FAR: 19,498 SF Average Site Slope: 49.79% Average Slope at Bldg. Site: 26% Grading: 1,571 cubic yards (excluding basement) General Plan Designation: RVLD (Very Low Density Residential) Zoning: R-1:40,000 (Single Family Residential) Proposed Allowed/Required Proposed Site Coverage House Footprint Driveway and Turnaround Walkways and Deck Total Proposed Site Coverage 2,771 sq. ft. 4,658 sq. ft. 608 sq. ft. 8,037 sq. ft. (16.4%) 17,061 sq. ft. (35%) Floor Area Main House Main Floor Upper Floor Garage Total Floor Area Basement (exempt) 2,175 sq. ft. 1,600 sq. ft. 596 sq. ft. 4,371 sq. ft. 950 sq. ft. 4,440 sq. ft. Height (Residence) Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: Total Proposed Height 886 ft. 906 ft. 896 ft. 920 ft. (24.00 ft.) 26 ft. 68 Page 3 of 6 Proposed Allowed/Required Setbacks (vacant site) Main House Front Left First Floor Left Second Floor Right First Floor Right Second Floor Rear First Floor Rear Second Floor 30 ft. 20 ft. 25 ft. 20 ft. 25 ft. 20 ft. 20 ft. 88 ft. 67 ft. 72 ft. 25 ft. 25 ft. 91 ft. 88 ft. PROJECT DESCRIPTION AND SITE CHARACTERISTICS Site Description: The 1.12 acre site is located on Norton Road in the R-1:40,000 zoning district. The average site slope is 49.79% and the perimeter of the site is covered in dense vegetation and the building site is set at the base of the slope which screens offsite views from the street and from most of the adjacent properties. The existing building pad area has an average slope of 26% and is located above Norton Road. An existing steep unpaved driveway provides access to the building site. The slope of the driveway will be reduced to comply with applicable City Code and Fire Department requirements. The site contains undocumented fill that has been in place for decades and supports a growth of mature trees on the slope below the building pad. A known fault line runs through the property and the house has been designed and placed within the limited building envelope as identified by the geologic report (Attachment 3). Project Description and Architectural Style: The project will include the construction of a contemporary designed two story single-family residence with a partial day-light basement. The residence is confined to a previously defined building envelope that is constrained by setbacks from multiple potentially active fault traces. The 4,371 square foot residence will be 24 feet tall with a three car garage. A 950 square foot basement is also proposed. The stepped design with the basement will provide protective elements which are intended to absorb subsurface shearing displacement associated with a major seismic event. Exterior materials and colors of the residence will include tan colored stucco siding and trim with stone veneer and a dark brown composition asphalt shingle roof to blend with the surrounding natural environment. A gas fireplace is proposed. Materials and Colors: Detail Colors and Materials Exterior Tan colored stucco and trim Railings Wrought iron Windows Bronze colored aluminum or wood clad windows Roof Composition asphalt shingle Landscaping: The landscape plan (Sheet L1 of the Project Plans, Attachment 10) indicates that the project will include a minimal amount of landscaping clustered close to the driveway and house along the south west side of the residence and below the deck on the north east side of the 69 Page 4 of 6 house. No additional landscaping is proposed to disrupt the natural aesthetic of the perimeter of the site which is dominated by native trees. Trees: The Project Arborist inventoried 47 protected trees on the project site which would be potentially impacted by the proposed construction. Twelve protected trees are proposed for removal which include five Coast Live Oaks, three Black Oaks, one Cedar, and three Toyons. The City Arborist has recommended the removal of these trees. All protected trees to remain in the vicinity of the project will be protected prior to building permit issuance and during the project’s duration. The applicant will be required to install tree fencing and place a monetary deposit of $14,000 for the remaining trees, and plant replacement trees valuing $29,100 for the trees that are proposed to be removed, prior to building occupancy. Details of the arborist findings and descriptions of the trees to be preserved are included in the Arborist report which is included as Attachment #2. Grading: Excluding the basement, the total amount of cut proposed is 1,469 cubic yards and the total fill is 102 cubic yards for a total of 1,571 cubic yards. No findings are required for the amount of grading proposed since the subject parcel is not zoned Hillside Residential. Drainage: A drainage swale currently exists and will be maintained at the north east corner of the property. Due to the geotechnical conditions of the subject site, pursuant to the recommendations of the geologists and engineers, it was determined that the site is not suitable to fully retain the runoff. Sufficient drainage is required for the seismic design of the house. As noted on the plans and as required by the structural and geotechnical engineer, drainage material will be placed adjacent to the shoring and beneath the reinforced fill. The specifics of the subdrainage system will be evaluated by the engineers during the construction process. Runoff from the roof and a portion of the driveway turnaround will be collected into a closed conduit system and conveyed into a perforated pipe within a new rock dissipater located at the flatter portion of the site allowing for some infiltration. The applicant worked closely with the City Arborist locating the storm drain and discharge pipes to reduce impacts to the existing trees and also worked with civil engineers and City staff in order to meet C3 requirements to the maximum extent possible. Residential Calgreen Measures: The project will meet the minimum CalGreen standards for a new home. The Residential Calgreen Measures Checklist is included as Attachment #6. Neighbor Notification and Correspondence: The applicant submitted three Neighbor Notification Forms signed by adjacent property owners. One neighbor commented on the geologic stability of the site and the hours and noise level of construction. As noted in this report, the geologic issues have been addressed. The project will be subject to the City’s Noise Ordinance and days and hours of construction. Copies of the neighbor notification forms are included as Attachment #5. A Public Notice was sent to property owners within 500 feet of the site. No additional concerns have been brought to the City’s attention as of the writing of this staff report. FINDINGS 70 Page 5 of 6 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. The project meets this finding in that site development is limited to a previously graded building pad. Development is also limited to the portion of the site with the least amount of slope which also coincides with the most geologically stable areas as identified by the project geologist thereby preserving the existing 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. The project meets this finding in that the applicant has designed the project to retain the maximum amount of trees possible while utilizing and enjoying the property for development when there is no other feasible alternative to the removal. Twelve protected trees are proposed for removal which have been determined to meet the criteria for removal. All remaining protected trees in the vicinity of the project will be protected during the duration of the project. 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. The project meets this finding due to the topographical separation from adjacent homes, the large building setbacks from most property lines, the natural color of the building’s exterior materials, and existing and proposed vegetation and trees will screen views of the residence from the majority of the surrounding properties. The development has minimal visibility from any adjacent roads. Therefore, there would be no unreasonable impact to the privacy of adjoining properties and to community viewsheds. 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. The project meets this finding in that the overall design, height, materials, and location of building features for the residence will avoid the perception of excessive bulk and the contemporary architectural theme of the project and the use of architecturally true elements for the proposed architectural style helps unify the building façades. The views from homes on adjacent sites and the street are screened by existing native trees. 5. The landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape. The project meets this finding in that the front setback area will include no formal landscaping and existing trees are to be preserved to maintain the sites perimeter rural and primarily undeveloped appearance. Hardscape within the front setback area will be limited to the single access driveway. 71 Page 6 of 6 6. Development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy. The project meets this finding in that all proposed landscaping would be located in close proximity to the development so there would be no shadowing that could impair the ability of adjoining properties to utilize solar energy. In addition, the perimeter of the site and adjacent properties contains existing trees which currently shadow the surroundings. 7. The design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055. The project meets this finding 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 view sheds, and is in compliance with Section 15-13.100. The finding is not applicable as the site is not zoned Hillside Residential. 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. 15-045 approving the project subject to conditions of approval. ATTACHMENTS: 1. Resolution of Approval for Design Review 2. Arborist Report dated October 15, 2015 3. Geotechnical Clearance Conditions, Supplemental Geologic Report and Geologic Map of site 4. Public hearing notice, mailing addresses, and map for project notification 5. Neighbor Notification Forms 6. CalGreen Checklist 7. Colored renderings from the cover of sales brochure 8. Letter from Glenn Cahoon, architect, received September 29, 2015 9. Storypole Certification Letter, received September 29, 2015 10. Email from Ken Arora 11. Development Plans (Exhibit "A") 72 RESOLUTION NO. 15-045 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION FOR DESIGN REVIEW NO. PDR15-0001 APPROVING A NEW TWO-STORY RESIDENCE WITH BASEMENT LOCATED AT 15261 NORTON ROAD (APN 517-14-081) WHEREAS, an application was submitted by Trafalgar Homes to construct a new 4,371 sq. ft., 24 foot tall, two-story main residence with a 950 sq. ft. basement located at 15261 Norton Road. Design Review approval is required because the proposed main residence is new two-story structure over eighteen feet in height. The foregoing work is described as the “Project” in this Resolution. WHEREAS, the City Code requires a geologic hazards report to be prepared by a licensed geologist and for the City’s Geologic Consultant to review and approve the report. 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 28, 2015, the Planning Commission held a duly noticed public hearing on the subject application, and after considering evidence presented by City staff, the applicant, and other interested parties, requested the applicant to revise the project to address height, mass, and parking concerns. 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 Policy 1.1 which provides that no development shall be permitted in geologic hazard areas without individual site-specific geotechnical investigations to determine depth of bedrock, soil stability, location of rift zones and other localized geotechnical problems; Safety Element Policy 1.2 which provides that development in areas subject to natural hazards shall be limited and shall be designed to protect the environment, inhabitants and general public. In areas that have been proven to be unsafe, development of structures for human habitation shall 73 Resolution No. 15-045 Page 2 be prohibited to the maximum extent permitted by law, and Safety Element Policy 2.1 which provides that in order to mitigate the danger of earthquake damage, the City shall enforce strict earthquake construction and soil-engineering standards, selecting the most stable areas for development and requiring developers to compensate for soil instabilities through approved engineering and construction techniques. Section 4: The project is consistent with the Saratoga City Code in that the design and improvements are consistent with the design review findings in that the project’s site development follows the natural contours of the site, minimizes grading, and is appropriate given the property's natural constraints; all protected trees shall be preserved, as provided in Article 15- 50 (Tree Regulations) and if constraints exist on the property, the number of protected trees, heritage trees, and native trees approved for removal shall be reduced to an absolute minimum; 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. Section 5: The project is consistent with the Saratoga City Code in that twelve protected trees that meet 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 PDR15-0001, located at 15261 Norton Road (APN 517-14-081), 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 28th day of October 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Leonard Almalech Chair, Planning Commission 74 Resolution No. 15-045 Page 3 EXHIBIT 1 CONDITIONS OF APPROVAL PDR15-0001 15261 NORTON ROAD (APN: 517-14-081) 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. 75 Resolution No. 15-045 Page 4 5. Construction must be commenced within 36 months from the date of this approval (October 14, 2018), 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 October 7, 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. 6 above; b. A note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the root zone of any Ordinance- protected tree on the site; c. This Resolution printed onto separate construction plan pages; d. A final utility plan that shows location of HVAC mechanical equipment outside of required setback areas; e. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined with the above-required Stormwater Detention Plan; f. A final Landscape and Irrigation Plan; and g. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 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. Setback Verification Letter – Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks are per the approved plans. 11. Final Landscaping and Irrigation Plan. The final landscaping and irrigation plan shall take into account the following: 76 Resolution No. 15-045 Page 5 a. To the extent feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. b. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. c. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. d. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. e. Any proposed or required under grounding of utilities shall take into account potential damage to roots of protected trees 12. Fire Department Requirements. Owner/applicant shall comply with all Fire Department requirements. 13. Noise and Construction Hours. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 14. Landscaping. Landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Department valued at 150% of the estimated cost of the installation of such landscaping shall be provided to the City. 15. Construction Management Plan. The applicant shall submit a construction management plan prior to obtaining a building permit. The plan shall address work hours and schedule, equipment/material staging and parking, estimated vehicular traffic, contaminated soil management, dust control measures, noise mitigation, and general health and safety. CITY ARBORIST 16. Arborist Report (ARB15-0004). All recommendations of the Arborist Report dated May 29, 2015 and all other future updated reports, and incorporated herein by this reference shall be followed and incorporated (in its entirety) into the plans. GEOLOGIST 17. Compliance with Geotechnical Clearance Conditions Memorandum (GEO15-0002). All requirements in the Geotechnical Clearance memorandum dated November 28, 2012, and all other conditions, as specified by the City Geologist are hereby adopted as conditions of approval and shall be implemented as part of the Approved Plans. 77 Resolution No. 15-045 Page 6 PUBLIC WORKS 18. Fees. The owner (applicant) shall pay all applicable fees prior to Zone Clearance. 19. Encroachment Permit. Applicant (owner) shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement prior to commencement of the work to implement this Design Review. 78 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REPORT Application No. ARB15-0001 Prepared by Kate Bear, City Arborist Site: 15261 Norton Road Phone: (408) 868-1276 Owner: Trafalgar Homes Email: kbear@saratoga.ca.us APN: 517-14-081 Email:trafalgarhomes@msn.com Report History: Report 1 Date: Plans received February 11, 2015 Report completed March 10, 2015 Report 2 – This report replaces report 1 Revised plans received September 23, 2015 Report completed October 6, 2015 Report 3 – This report replaces report 2 Revisions to report 2 to be consistent with plans where they differ from arborist report. Report completed October 15, 2015 REVISIONS: The plans indicate that tree 16 will be removed, and trees 22, 31, 35, 36, 39 and 42 will be retained. This is different from the submitted arborist report for the project. This will affect the security deposit and the tree replacement values. PROJECT SCOPE: The applicant has submitted plans to the City to build a new two-story house with basement and attached three-car garage on a vacant lot. Twelve trees are requested for removal to construct the project. All of them meet the City’s criteria for removal and replacement as part of the project. STATUS: Approved by City Arborist with attached conditions. PROJECT DATA IN BRIEF: Tree bond – Required = $14,000 For trees 7, 8, 14, 15A, 15B, 17 – 26, 30, 31, 34, 35 – 42 and 44. Tree fencing – Required – See Conditions of Approval and attached map. 1 79 15261 Norton Road Tree removals – Trees 9 – 13, 15, 16, 27 – 29 and 32 – 33 may be removed once building permits are obtained. Replacement trees – Required = $29,100. 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. Trees 9 – 13, 15, 16, 27 – 29 and 32 – 33 are requested for removal to construct the project. They meet the City’s criteria allowing their removal and replacement, once building division permits have been obtained. The submitted arborist report outlines which of the tree removal criteria have been met, permitting the tree to be removed and replaced during construction. Attachment 2 contains the tree removal criteria for reference. Replacement Trees: The total appraised value of trees 9 – 13, 15, 16, 27 – 29 and 32 – 33 is $29,100. 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. A Tree Preservation Plan The submitted 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. The conditions of approval and project data in brief contained in this report shall also be included in the final set of plans. 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 = $360 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 80 15261 Norton Road Attachment 1 PLAN REVIEW: Architectural Plans reviewed: Preparer: Glen Cahoon Date of Plans: January 2015, revised August 2015 Sheet A 0 Title Sheet Sheet A 1 Basement Floor Plan Sheet A 2 Main Floor Plan Sheet A 3 Upper Floor Plan Sheets A 4 and A 5 Elevations Sheet A 7 Sections Civil Plans reviewed: Preparer: Westfall Engineers, Inc. Date of Plans: January 2015, revised August 2015 Sheet 1 of 4 Topographic Map Sheet 2 of 4 Grading and Drainage Plan Sheet 3 of 4 Driveway Profile Sheet 4 of 4 Sections and Details Landscape Plans reviewed: Preparer: W. Jeffrey Heid Date of Plans: January 20, 2015 Sheet L 1 Conceptual Landscape Plan Sheets L 2 and L 3 Arborist Report dated February 5, 2015 TREE INFORMATION: Preparer: David Lazcko of Ian Geddes and Associates Date of Plans: February 5, 2015 An arborist report was submitted for this project which inventoried 47 trees protected by Saratoga City Code for the proposed project. Information on the condition of each tree, potential impacts from construction, suitability for preservation, appraised values, and tree protection recommendations were provided in the report. Twelve trees protected by Saratoga City Code are recommended for removal to construct the new house. Trees approved for removal to construct the project include trees 9 – 13, 15, 16, 27 – 29, 32 and 33. Originally trees 22, 31, 35, 36, 39 and 42 were also scheduled for 3 81 15261 Norton Road Attachment 1 removal. Tree 16 was originally to be retained, but is in conflict with a retaining wall to support the driveway and requires removal. Table 1. Inventory of trees from February 5, 2015 arborist report. 4 82 15261 Norton Road Attachment 1 Table 1. Inventory of trees from February 5, 2015 arborist report, continued. 5 83 15261 Norton Road Attachment 2 TREE REMOVAL CRITERIA Criteria that permit the removal of a protected tree are listed below. This information is from Article 15-50.080 of the City Code and is applied to any tree requested for removal as part of the project. If findings are made that meet the criteria listed below, the tree(s) may be approved for removal and replacement during construction. (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services, and whether the tree is a Dead tree or a Fallen tree. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the property. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly on steep slopes. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the general welfare of residents in the area. (5) The age and number of healthy trees the property is able to support according to good forestry practices. (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. (8) Any other information relevant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in Section 15-50.010 (9) The necessity to remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. (10) The necessity to remove the tree for installation and efficient operation of solar panels, subject to the requirements that the tree(s) to be removed, shall not be removed until solar panels have been installed and replacement trees planted in conformance with the City Arborist's recommendation. 6 84 15261 Norton Road Attachment 3 CONDITIONS OF APPROVAL 1. It is the responsibility of the owner, architect and contractor to be familiar with the information in this report and implement the required conditions. 2. The submitted 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 Conditions of Approval and Project Data in Brief from this report shall be copied on to a plan sheet and included in the final set of plans. 4. Tree Protection Security Deposit a. Is required per City Ordinance 15-50.080. b. Shall be $14,000 be for tree(s) 7, 8, 14, 15A, 15B, 17 – 26, 30, 31, 34 – 42 and 44. 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. 5. Tree Protection Fencing: a. Shall be installed around trees to be retained and preserved as determined in the field by the Project Arborist and approved by the City Arborist. 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 before performing work. 6. The designated Project Arborist shall be David Laczko of Ian Geddes and Associates unless otherwise approved by the City Arborist. 7. The Project Arborist shall visit the site every two weeks during grading activities and monthly thereafter. 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. 7 85 15261 Norton Road Attachment 3 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. 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. 12. Trees 9 – 13, 15, 16, 27 – 29 and 32 and 33 meet the criteria for removal and may be removed and replaced once Building Division permits have been obtained. 13. 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. 14. New trees equal to $29,100 shall be planted as part of the project before final inspection and occupancy of the new home. New trees may be of any species. 15. Replacement values for new trees are listed below. 15 gallon = $360 24 inch box = $500 36 inch box = $1,500 48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000 16. The new trees may be planted anywhere on the property as long as they do not encroach on retained trees. 17. Only drought tolerant plants that are compatible with oaks are permitted under the outer half of the canopy of oak trees on site. 18. Water loving plants and lawns are not permitted under oak tree canopies. 19. 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. 20. 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 86 Attachment 3 15261 Norton Road Map is from February 5, 2015 arborist report by David Lazcko 9 87 Attachment 3 15261 Norton Road Map is from February 5, 2015 arborist report by David Lazcko 10 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 1 Abigail Ayende Subject:FW: Development on Norton Rd (15261 Norton Rd, I believe) From: Ken Arora [mailto:K.Arora@f5.com] Sent: Tuesday, October 20, 2015 4:59 PM To: Erwin Ordoñez <eordonez@saratoga.ca.us>; Sandy Baily <sbaily@saratoga.ca.us> Cc: ken@olympus‐mons.net Subject: Development on Norton Rd (15261 Norton Rd, I believe) Hi Erwin/Sandy, I did want to make a couple of comments about the proposed development at 15261 Norton Rd. I caveat this with the fact that I have not seen the collateral material (it is not available on line at this time), but since today is the deadline for comments for the official report, I wanted to provide feedback: 1. Having to remove 15 Protected trees appears excessive. I have looked at the lot, and it appears that there is a large building pad available without having to remove such a large number of trees. We ourselves built our residence a few houses away a few years ago (2011), using a smaller building pad, and only had to remove 3 trees. 2. Most of the other houses in the vicinity are shielded from the road by trees; the plan for this development should take care not to remove trees that provide the visual privacy from the road. Thank you, Ken Arora 15088 Norton Rd 112 113 114 115 116 117 118 119 120 121 122 123 124 125 REPORT TO THE PLANNING COMMISSION Meeting Date: October 28, 2015 Application: PDR14-0010 Location/APN: 18645 McFarland Ave. / 389-14-015 Applicant/Owner: Mahmoud Khorashadi Staff Planner: Michael Fossati 18645 McFarland Ave. 126 Page 2 of 7 SUMMARY PROJECT DESCRIPTION: The applicant requests to demolish an existing single-story residence in order to construct a new 3,515 sq. ft. two-story residence with two car garage and attached second dwelling unit. The height of the new residence will not exceed 26 feet. Two trees not protected by City Code are proposed to be removed. STAFF RECOMMENDATION: Adopt Resolution No. 14-048 approving Design Review PDR14-0010 subject to conditions of approval. Design Review Approval by the Planning Commission is required per City Code Section 15-45.060(a)(1). PROJECT DATA: Site Area: 10,000 square feet Average Site Slope: Less than 2% Grading: Less than 10cy General Plan Designation: M-10 (Medium Density Residential) Zoning: R-1-10,000 Proposed Allowable/Required Proposed Site Coverage House & Garage: Pervious Driveway (50% of 1,029): Side & Rear Patios: Stepping Stones: Total Proposed Site Coverage 2,272 SF 515 SF 2,040 SF 90 SF 4,917 SF (46%) 6,600 SF (includes 10% increase for Deed Restricted 2nd Unit) Floor Area 1st & 2nd Floor: Garage: Attached 2nd Unit Total Proposed Floor Area 2,735 SF 389 SF 391 SF 3,515 SF 3,520 SF (includes 10% increase for Deed Restricted 2nd Unit) Height (Residence) Lowest Elevation Point Highest Elevation Point Average Elevation Point Proposed Topmost Point 101' 0" 101' 10" 101' 5" 126'5" (25 FT) Maximum Height = 127'5" (26 Feet) Setbacks Front: Left Side: Right Side: Rear: 1st Floor 25' 8' 8' 49' 2nd Floor 25’ 13’6" 14’ 59’ 1st Floor 25’ 8’ 8’ 25’ 2nd Floor 25' 13' 13' 35' 127 Application No. PDR14-0010/ 18645 McFarland Ave. Page 3 of 7 PROJECT DESCRIPTION AND SITE CHARACTERISTICS An existing 1,891 one story single-family home is located in the eastern area of Saratoga, near Quito Village. The neighborhood has typically quarter acre lots within a suburban area of Saratoga. There is a mixture of one and two story residences with sloping roof forms, with the majority of residences being single-story ranch-style houses The 3,515 square foot two story residence would be approximately 26 feet in height and includes a two-car garage and attached second dwelling unit. The second dwelling unit would be served by the same entrance as the main residence and would be located on the first floor. No additional structures are proposed. The residence would include earth-tone beige stucco exterior and trim and a gray concrete tile roof. Accents include limited black wrought iron details and green decorative wood shutters The applicant has provided a color and materials board is on file with the Community Development Department and will be present at the site visit and public hearing. The following table lists the proposed exterior materials. Detail Colors and Materials Exterior & Trim Beige colored stucco and trim Wood Shutters Green decorative wood shutters Windows White vinyl windows Roof Gray concrete tiles Deed-Restricted Second Dwelling Unit The applicant has proposed an attached second dwelling unit along the southern (rear) elevation of the residence. The approximately 3917 sq. ft. area has bedroom, bathroom, walk-in closet, and kitchen that would also act as a mud room. The project meets the development standards required per the City Code to allow the second dwelling unit to be deed-restricted and allows for a ten percent FAR and site coverage increase. Existing Trees Two trees are being proposed for removal. The trees proposed for removal are an existing ash and Chinese elm, both in the front of the property. None of those trees are protected per City Code. Therefore, none of the trees require approval from the City Arborist. Front Landscape A pervious paver system, stepping stones, and drought tolerant flowers and shrubs are being proposed for the front landscaping. In an effort to reduce water usage while providing an attractive front landscape area complimentary to the neighborhood, the applicant has proposed approximately 42% of the front yard to be hardscape. Residential Design Guidelines The applicant has worked diligently with staff in order to present a design that addresses the requirements of the City’s Design Guidelines. The structure currently being reviewed by the PC is the product of three complete changes in design and over a year of consultation 128 Application No. PDR14-0010/ 18645 McFarland Ave. Page 4 of 7 with staff. The applicant has utilized the Single-Family Residential Handbook in developing this current design. Two-story residences are not the predominant building form in the McFarland area, but are still allowed per City Code. In an effort to blend the new structure into the context of the existing neighborhood, the applicant included substantial considerations into the proposed design, such as:: · Incorporating single-story eave lines with the adjacent single-story residences to maintain a sense of scale(pg. 4) · Setting portions of the second story back and incorporating single-story elements to assist in bringing the proposed structure into a proportionate scale with the neighborhood.(pg. 5) · Maintaining a general front yard setback along the street (pg. 6) · Providing proper site planning design in an effort to not affected protected trees either onsite or on neighboring properties (pg. 8) · Maintaining a reasonable amount of open space along the rear yard in order to not unreasonably impact the view sheds of other properties on Devon Avenue. (pg 9). · Increasing the second floor side yard setback to exceed the minimum required by code (pg. 10) to help minimize bulk and potential privacy concerns. · Minimizing windows in direct view of neighbor's private indoor and outdoor areas. (pg. 11). · Designing the proposed roof, eaves, and wall planes to minimize potential impact and assist in allowing continued solar access to adjacent neighbors (pg. 12 and pg. 16). · Proposing a pervious paver driveway to allow infiltration of storm water and runoff into the soil and groundwater reservoirs. (pg. 21) An example of how the project incorporates concepts from the Residential Design Handbook has been provided by the applicant and included as Attachment #2. Along with the changes discussed, the applicant incorporated additional design concepts and strategies such as deemphasizing the garage by placing it behind the entry and including simple window fenestration and recessed front and side wall planes to further break down the apparent mass of the proposed residence. Neighbor Notification and Correspondence The applicant submitted five neighbor notification forms signed by adjacent property owners. Property owners along the east and west elevation were concerned about privacy impacts. In order to address concerns, the applicant adjusted the second story windows along those elevations with five foot tall bottom sills, in a clerestory fashion, as previously discussed in the above paragraph. This result in the bottom sill of the windows being located at least five feet above the finished floor, and minimizing potential privacy impacts. The changes seem to meet the concerns of the neighbors, and they have re-signed their neighbor notification forms. Copies of the neighbor notification forms are included as Attachment #3. 129 Application No. PDR14-0010/ 18645 McFarland Ave. Page 5 of 7 After the project story poles were erected, the property owner at 18628 Devon Ave. (located northeast and to the rear of the project) submitted a letter opposing the project due to impacts to views and privacy. Staff met with applicant regarding the concern of 18628 Devon Ave. In an effort to appease the concerns of the neighbor, the applicant has proposed the following: · Lower the overall height from 26 ft. to 25 feet. · Keep the existing Persimmon tree in the area and/or plant additional trees in the northeast corner to mitigate privacy. Also, the property owner at 18644 Devon Ave. (located directly behind the project location) and 18660 Devon Ave. (located northwest and to the rear of the project) have submitted e-mails opposing the project. The letter and e-mails have been included as Attachment #4. Staff mailed a “Notice of Public Hearing” to all property owners within 500 feet of the subject property. The public hearing notice and description of the project was published in the Saratoga News. No additional written comments, either positive or negative, were received prior to the completion of this staff report. ENVIRONMENTAL DETERMINATION The project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, “New Construction or Conversion of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction of three single-family residences in a residential area. The project, as proposed, is for the construction of one single-family residence in a suburban, residential area. 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. (a) 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 because the project is on a flat land, where the natural contours of the site will be unaffected by the development. Grading will also be limited because the property is relatively flat. The lot is not considered a hillside lot and therefore will not require significant grading to build. (b) All protected trees shall be preserved, as provided in Article 15-50 (Tree Regulations). If constraints exist on the property, the number of protected trees, heritage trees, and native trees approved for removal shall be reduced to an absolute minimum. Removal of any smaller oak trees deemed to be in good health by the City Arborist shall be minimized using the criteria set forth in Section 15-50.080. This finding can because no trees protected by City Code are proposed for removal. An 130 Application No. PDR14-0010/ 18645 McFarland Ave. Page 6 of 7 existing Persimmon tree is located at the rear of the site, but is substantially setback from the proposed design and will be unaffected due to construction. (c) The height of the structure, its location on the site, and its architectural elements are designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds. This finding can be made because the proposed two story residence will be built with clerestory style windows and second story setbacks that exceed the minimum along the second story facing the nearest adjacent properties. In order to provide adequate privacy for the rear neighbors, the residence will be set in a location that exceeds the rear setback requirement by 24 feet. Furthermore, the applicant has agreed to keep an established Persimmon tree that already is located within the northeastern corner of the property as well planting additional trees along with the rear property line to further mitigate privacy impacts. (d) The overall mass and the height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood. This finding can be made in because the proposed structure includes simple lines and a limited color pallet, the incorporation of single story elements into the design. The project did not flatten the roof in order to accommodate the height limitations, but rather chose a slope that is consistent with the overall design of the proposed residence, and recessed the placement of the garage and second story to not overwhelm the view from the public right-of-way. The applicant also minimized the overall mass by adjusting the first floor roof eaves of the project to be approximately in line and scale with the roof eaves of the adjacent single-story structures. (e) The landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape. This finding can be made because the hardscape in the front setback area is limited to the driveway and steeping stones. The proposed landscape design would be complementary to the neighborhood streetscape and includes drought tolerant shrubs and plants. (f) Development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy. This finding can be made because the majority of the residence because the slopes proposed will fall along the sides of the lot, allowing greater solar access to the adjacent properties lying east and west. (g) 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 can be made in the affirmative because the proposed project conforms to the applicable design policies and techniques in the Residential Design Handbook such as minimizing the use of excessive colors and materials, set portions of the second story back and incorporating single-story elements to assist in bringing the proposed structure into scale with the neighborhood, maintaining the general front yard setback associated with the street, and minimized windows in direct view of neighbor's private indoor and outdoor areas. 131 Application No. PDR14-0010/ 18645 McFarland Ave. Page 7 of 7 (h) On hillside lots, the location and the design of the structure avoid unreasonable impacts to ridgelines, significant hillside features, community viewsheds, and is in compliance with Section 15-13.100. This finding is not applicable in that the project location is not within the hillsides. ATTACHMENTS: 1. Resolution 2. Example of Residential Design Handbook Compliance 3. Neighbor Notification Forms 4. Letter from owners of 18628, 18644 & 18660 Devon Ave, dated 10/16/15 6. Reduced Plans (Exhibit A) 132 RESOLUTION NO. 14-048 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION FOR DESIGN REVIEW NO. PDR14-0010 APPROVING A NEW TWO-STORY RESIDENCE WITH ATTACHED SECOND DWELLING UNIT LOCATED AT 18645 MCFARLAND AVE. (APN 389-14-015) WHEREAS, an application was submitted by Mahmoud Khorashadi, in order to demolish an existing residence and build a new 3,515 sq. ft., 25 foot tall, two-story residence with attached second dwelling unit located at 18645 McFarland Avenue. Design Review approval is required because the proposed project is new multi-story structure over eighteen feet in height. The foregoing work is described as the “Project” in this Resolution. WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine this project exempt. WHEREAS, on October 28, 2015, the Planning Commission held a duly noticed public hearing on the subject application, and after considering evidence presented by City staff, the applicant, and other interested parties, requested the applicant to revise the project to address height, mass, and parking concerns. 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. 133 Resolution No. 14-048 Page 2 Section 4: The project is consistent with the Saratoga City Code in that the design and improvements are consistent with the design review findings in that the project’s site development follows the natural contours of the site, minimizes grading, and is appropriate given the property's natural constraints; all protected trees shall be preserved, as provided in Article 15- 50 (Tree Regulations) and if constraints exist on the property, the number of protected trees, heritage trees, and native trees approved for removal shall be reduced to an absolute minimum. Removal of any smaller oak trees deemed to be in good health by the City Arborist shall be minimized using the criteria set forth in Section 15-50.080; and the height of the structure, its location on the site, and its architectural elements are designed to avoid unreasonable impacts to the privacy of adjoining properties and to community view sheds; and the overall mass and the height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood; and the landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape; and the development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy; and the design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055; and that if the project is a hillside lot, that the location and the design of the structure avoid unreasonable impacts to ridgelines, significant hillside features, community view sheds, and is in compliance with Section 15-13.100 of the City Code. Section 5: The project is consistent with the Saratoga City Code in that no protected trees are being removed, as determined by the City Arborist. Section 6: The City of Saratoga Planning Commission hereby approves PDR14-0010, located at 18645 McFarland Avenue (APN 389-14-015), 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 28th day of October 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Leonard Almalech Chair, Planning Commission 134 Resolution No. 14-048 Page 3 EXHIBIT 1 CONDITIONS OF APPROVAL PDR14-0010 18645 MCFARLAND AVE. (APN: 389-14-015) 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. 135 Resolution No. 14-048 Page 4 5. Construction must be commenced within 36 months of the date of this approval (October 28, 2018), 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 April 23, 2015 denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with Condition 3, above. 7. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department and referenced in Condition No. 6 above; b. A note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the root zone of any Ordinance- protected tree on the site; c. This Resolution printed onto separate construction plan pages; d. A final utility plan that shows location of HVAC mechanical equipment outside of required setback areas; e. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined with the above-required Stormwater Detention Plan; f. A final Landscape and Irrigation Plan; and g. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 8. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public right-of-way. 9. Maintenance of Construction Project Sites. Because this Design Review Approval authorizes a project which requires a Building Permit, compliance with City Code Section 16-75.050 governing maintenance of construction project sites is required. 10. Fences, Walls and Hedges. All fences, walls and hedges not in connection with the proposed fence exception shall conform to height requirements provided in City Code Section 15-29. 11. Final Landscaping and Irrigation Plan. The final landscaping and irrigation plan shall take into account the following: 136 Resolution No. 14-048 Page 5 a. To the extent feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. b. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. c. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. d. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. e. Any proposed or required under grounding of utilities shall take into account potential damage to roots of protected trees 12. Fire Department Requirements. Owner/applicant shall comply with all Fire Department requirements. 13. Noise and Construction Hours. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 14. Front yard landscaping. Front yard landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Department valued at 150% of the estimated cost of the installation of such landscaping shall be provided to the City. 15. Second Dwelling Unit - Deed Restricted. The owner shall restrict the rental of the second unit to only households that qualify as lower, very-low, or extremely-low income households as those terms are defined in the move recent Santa Clara County Housing and Urban Development Program Income Limits or, in the event that the most recent such report is more than five years old, in accordance with the definitions set forth in Health and Safety Code sections 50079.5,50105, and 50106 as those sections exist as of the effective date of this restriction. "Rental" means any agreement whereby the occupant(s) of the second unit make any payment in consideration of said occupancy. THIS CONDITION IS PERMANENT. 16. Construction Management Plan. The applicant shall submit a construction management plan prior to obtaining a building permit. The plan shall address work hours and schedule, equipment/material staging and parking, estimated vehicular traffic, contaminated soil management, dust control measures, noise mitigation, and general health and safety. PUBLIC WORKS 17. Encroachment Permit. The applicant (owner) shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement prior to commencement of the work to implement this Design Review. 137 Resolution No. 14-048 Page 6 138 139 140 141 142 143 144 145 146 147 148 October 18, 2015 Michael Fossati Planner City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Michael Fossati: We live directly behind 18645 McFarland Ave. and are opposed to the proposed development of a two-story house on the property. Seeing the “story poles” from our backyard, the proposed second floor of the house dominates the skyline, blocking what presently is a more natural setting with views of mountains and open sky. We find the height of the structure to be out of scale with the neighborhood. If the proposed house is built, our 10,000 square feet lot will feel much smaller with the neighbor’s house overlooking our backyard. The windows of the second story look down on our backyard, invading our privacy. The proposed second story windows give the property owners a site line into our master bedroom. This loss of privacy will result in a loss to our property value, not only now, but also in the future when the time comes to sell our home. The new neighbor seems like a nice person, and while he may never look out his second story windows, we don’t know what possible future neighbors may do. I’ve included a photo from my roof of his backyard so he knows how it might feel if we were allowed to add a second story. We’d have a clear view of any activity in his backyard. A few months ago the neighbor at 18645 McFarland asked me to sign a paper stating that I had seen the plans. In my reading of the form, signing it only meant that I had seen the plans, not that I agreed to the proposal. I remember the form having some language to that effect. I frankly didn’t expect his plans to get this far knowing that similar past proposals were denied by the planning department. We have owned our home since 1992, and thanks to the City of Saratoga’s building rules, have enjoyed the open feel of the neighborhood. We’d like to see those rules preserved. Sincerely, Jim Gensheimer & JoAnn Lambkin 18644 Devon Ave. 408-374-7575 149 P.S. – We would like to know what are the plans for the garage on the McFarland property that was converted to living space a few years ago. 150 151 152 153 1 Michael Fossati From:Xiaoqiang Zheng <zhengxq@gmail.com> Sent:Monday, October 19, 2015 9:04 PM To:Michael Fossati Subject:Regarding 18645 McFarland Ave Dear Michael, We are the owners of 18660 Devon Ave, Saratoga. Today, I received a notice regarding the two-story building proposal on 18645 McFarland Ave. I would like to express my concern over this proposal. My wife and I enjoyed our time in our backyard very much. With a two-story building right across our property, it feels someone could stare right into our backyard and bedroom where my family rests. I feel our privacy is somewhat compromised in that way. We bought this house on 2011. We enjoyed the rural feeling and quiet neighborhood very much. When we were shopping for the house, we were positively motivated by the fact that all the houses in the neighborhood are one-story buildings. We thought there must be some rules or agreement among the neighbors. I now understand that there is not rule against second-story buildings. But it is conceivable that once more two-story buildings show up in the neighborhood, it would affect the perceived value of this neighborhood to people in a similar mindset to us a few years ago. We would very much appreciate it if the Saratoga Planning office can uphold the tradition of this neighborhood, and help us continue to enjoy our privacy in our properties in years to come. With best respects, Xiaoqiang Zheng and Ge Wang 154 155 156 157 158 159 160 161 162 163 164 165 166 REPORT TO THE PLANNING COMMISSION Meeting Date: October 28, 2015 Application: Application ZOA15-0002, Citywide - Amendment of City Code Section 15-45 and 15-46 (Design Review Story Pole Requirements) Location City Wide Owner/Applicant: City of Saratoga Staff Planner: Erwin Ordoñez, Community Development Director RECOMMENDED ACTION: Recommend the Planning Commission adopt the attached resolution recommending that the City Council: 1. Adopt an ordinance which includes various changes to Articles 15-45 and 15-46 (Design Review Story Pole Requirements) of the Saratoga City Code. BACKGROUND: In Fall 2014, the Planning Commission included a request for the City Council to include a study issue in the FY2015-2016 Community Development Department work plan that would study possible refinements to the City’s Story Pole process with the goal of increasing accuracy and improving the overall development review process. This request was in response to instances where the Planning Commission as part of its site visit process documented inconsistencies or accuracy issues with applicant installed story poles. Recent community experience demonstrated the need for refinements to the City Story Pole requirements in order to document the accuracy of story pole placement and heights, understand the relationship between proposed and finish grade relative to neighboring structures and properties, address safety concerns due to the temporary nature of the story poles and inclement weather considerations, and the ability to consider alternatives or supplemental information provided by project applicants if story poles are infeasible due to site characteristics or environmental considerations. On February 4, 2015, at a joint City Council/Planning Commission/Heritage Preservation Commission Study Session, Council directed staff to prepare an initial summary report of this issue for its review so it can provide guidance to the Planning Commission in advance of the Commission’s planned Study Session in April 2015. 167 Page 2 of 4 On March 18, 2015, the City Council reviewed staff’s preliminary research which included a survey of the story pole policies of eight neighboring communities with similar characteristic (e.g. Portola Valley, Los Gatos, Los Altos Hills, Novato, Woodside, Hillsborough, etc). Staff also identified preliminary recommendations for City Council consideration as it developed its direction to the Planning Commission: · Requiring verification and written certification by a licensed surveyor or civil engineer. · Requiring installation of graduated height measurement markings on story poles. · Requiring indication of proposed finished grade and finished floor markings and measurement on the corners of the erected story poles. · Requiring a pad certification letter by a licensed surveyor or civil engineer at the building permit stage for all proposed new structures or extensive remodel/addition In addition to affirming these recommendations, the Council also asked the Planning Commission to consider cost implications of any additional story pole requirements would have for homeowners considering a remodel or addition to an existing home. On April 8, 2015, the Planning Commission held a study session regarding this matter, reviewed the preliminary staff research and direction from City Council, and gave direction to staff to prepare a Draft Ordinance for the amendments proposed with the Commission’s revisions prior to the Commission public hearing. The Commission concurred with the revisions identified by the City Council but also wanted to reference acceptable story pole materials in the revisions and flexibility to consider alternatives to story poles for unique situations or special circumstances (e.g. hazardous weather conditions or topography). On October 13, 2015, the Planning Commission reviewed the draft Ordinance which incorporated their revisions at a second study session and received additional comments from the public. DISCUSSION: The City of Saratoga Municipal Code (Zoning Regulations, Section 15-45.075) currently requires applicants to erect story poles which depict the building envelopes of proposed structure prior to the noticing of public hearing items or approval of administrative design review by the Community Development Department. Story Poles assist the public and the City decision making bodies make informed decisions regarding construction projects. The attached Draft Ordinance includes the following considerations to improve the City’s Story Pole process based on the City Council’s direction, the Planning Commission’s input and public comments: · Improvement of story pole accuracy (certification letters, surveys). · Recognition of potential grading/building pad height modifications. · Documenting proposed finished grade and finished floor measurements. · Including graduated height measurements. · Including references for story pole materials (metal, wood, orange netting, ridge flags). 168 Page 3 of 4 · Considerations of alternatives to story poles due to unique situations or special circumstances. · Consideration of City Code and administrative changes. Additionally, subsequent to the Planning Commission’s Study Session on April 8, 2015, City Code Section 15-45-70 was also recently amended on July 1, 2015 as part of the annual City Code update process. The annual code update strengthened the City’s ability to require new construction two feet or closer to a required setback area to include a boundary survey for planning review and a setback certification and pad height certification letter during building permit review. The certification letter is required to be signed by a State licensed land surveyor or registered civil engineer qualified to do property line surveys. Staff believes that this annual code update in conjunction with the design review requirement revisions incorporated into the Draft Ordinance (e.g. plan documentation of existing grade, finished grade elevation, and finished floor level), and the graduated story pole height measurements will adequately address potential concerns about story pole height accuracy. Costs considerations for Applicants As part of this study issue process, staff contacted several local designers to determine approximate costs related to the revisions included in the Draft Ordinance and these are noted below with comments: 1) Requiring verification and written certification by a licensed surveyor or civil engineer Approximately $800-$2,000 depending on the size and complexity of the structure. The Planning Commission recognized as part of its study session work that this certification process is already being provided for current projects. 2) Requiring installation of graduated height measurement markings on story poles Minimal cost, under $100 since installers already do this as part of the standard package in other communities. During the course of this study issue process, some applicants have already voluntarily incorporated paint marking on their story poles that have been reviewed by the Planning Commission at their Site Visits with very minimal costs impacts. 3) Requiring indication of proposed finished grade and finished floor markings and measurement on the corners of the erected story poles Minimal cost under $100 since installers already do this as part of the standard package in other communities. During the course of this study issue process, some applicants have already voluntarily incorporated paint marking on their story poles that have been reviewed by the Planning Commission at their Site Visits with very minimal costs impacts. 169 Page 4 of 4 4) Requiring a pad certification letter by a licensed surveyor or civil engineer at the building permit stage for all proposed new structures or extensive remodel/additions Approximately $1,500 -$3,000 depending on the size and complexity of the structure. The annual code update which now requires a pad certification letters to be included with the required boundary survey for projects two feet or closer to a required setback addressed this requirement. Additionally, because a boundary survey is already required to be certified by a State licensed land survey or registered civil engineer, the pad height certification requirement can be done for a reduced incremental cost in comparison to projects for which a boundary survey would not be required. EXEMPTION FROM CEQA. The proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor Alteration to Land Use Limitations, and 15061(b)(3) - The general rule that CEQA applies only to projects which have the potential of causing a significant effect on the environment. ATTACHMENTS: Attachment 1 - Resolution for Approval with the following Attachment: · Exhibit A – Draft Ordinance 170 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO: 15-048 Application ZOA15-0002 Amendment of City Code Section 15-45 and 15-46 (Design Review Story Pole Requirements) The City of Saratoga Planning Commission finds and determines with respect the above described application: WHEREAS, the purpose of the City’s Design Review Story Pole requirements is to require applicants to erect story poles which depict the building envelopes of proposed structures prior to the noticing of public hearing items or approval of administrative design review by the Community Development Department, and WHEREAS, Story Poles assist the public and the City decision making bodies make informed decisions regarding construction projects, and WHEREAS, the City desires to improve the accuracy of story poles and enhance the public confidence in the physical representations provided by the story poles, and WHEREAS, on February 4, 2015 the City Council held a joint study session with the Planning Commission and Heritage Preservation Commission to discuss story poles; and WHEREAS, on March 18, 2015 the City Council held a public meeting to review preliminary staff research regarding story pole requirements of neighboring communities and develop direction for the Planning Commission Study Session process; and WHEREAS, on April 8, 2015 the Planning Commission held a study session to review City Council direction regarding story poles, preliminary staff research, and directed staff to prepare a draft ordinance for its review; and WHEREAS, on October 13, 2015 the Planning Commission held a study session to review the draft ordinance; and WHEREAS, public participation opportunities were provided through a Planning Commission Study Sessions and Public Hearing, and WHEREAS, on October 28, 2015, the Planning Commission held a duly noticed Public Hearing on the draft amendments to Article 15-45 and 15-46 (Design Review Story Pole Requirements) at which time all interested parties were given a full opportunity to be heard and to present evidence and argument. The Planning Commission considered the draft amendments to the City Code, the Staff Report, CEQA documentation, correspondence, presentations from the public, and all testimony and other evidence presented at the Public Hearing, and 171 WHEREAS, the proposed ordinance is determined to be are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor Alteration to Land Use Limitations, and 15061(b)(3) - The general rule that CEQA applies only to projects which have the potential of causing a significant effect on the environment. , and WHEREAS, the Planning Commission recommends that the City Council find that the proposed amendments are consistent with the City of Saratoga General Plan; and NOW, THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth are true and correct and incorporated herein by reference. Section 2: The proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor Alteration to Land Use Limitations, and 15061(b)(3) - The general rule that CEQA applies only to projects which have the potential of causing a significant effect on the environment. Section 3: The project is consistent with the following Saratoga General Plan Goals and Policies: Land Use Element 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; Section 4: After careful consideration of the staff report, and other materials, exhibits and evidence submitted to the City in connection with this matter, the Planning Commission of the City of Saratoga does hereby recommend to the City Council to find this amendment to be Categorically Exempt from CEQA and to approve proposed amendments to Section 15-45 and 15-46 (Design Review Story Pole Requirements) of the City Code (Exhibit A). PASSED AND ADOPTED by the City of Saratoga Planning Commission this 28th day of October 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Leonard Almalech Chair, Planning Commission Exhibit A – Ordinance 2 172 3 173 ORDINANCE __________ AN ORDINANCE AMENDING THE SARATOGA CITY CODE REGARDING STORY POLES REGULATIONS Findings 1. The City of Saratoga wishes to update the City Story Poles Regulations . 2. The updates in this ordinance affect provisions of the City’s story poles regulations. These amendments were considered by the Planning Commission of the City of Saratoga and the Commission, after a duly noticed public hearing on ______, 2015, recommended adoption of these updates to City Story Poles Regulations. 3. The City Council of the City of Saratoga held a duly noticed public hearing on _____________, 2015 and after considering all testimony and written materials provided in connection with that hearing, introduced this ordinance. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold double underlined font (e.g., underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this ordinance. 1. Article 15 -45 - DESIGN REVIEW: SINGLE-FAMILY DWELLING 15-45.070 - Application requirements. (a) Each Aapplications for administrative design review approval and design review approval shall be filed with the Community Development Director on such form(s) as the Director shall prescribe. An application shall include the following exhibits: (1) Site plan showing all of the following: (i) property lines, (ii) easements and their dimensions, (iii) underground utilities and their dimensions, (iv) structure setbacks, (v) building envelope, (vi) topography (i.e. existing and finished grade elevation data), (vii) species, trunk diameter at breast height (DBH as defined in Section 15- 50.020(g)), canopy driplines (as defined in Section 15 -50.020(k)), and locations of all heritage trees (heritage trees as defined in Section 15-50.020(nl)), trees measuring at least ten inches DBH, and all native trees measuring at least six inches 174 DBH on the property and within one hundred fifty feet of the property, (viii) areas of dense vegetation and (ix) riparian corridors. (2) Any application that proposes new construction two feet or closer to a required setback area shall include a boundary survey for planning review and a setback certification and pad height certification letter during building permit review, each signed by a State licensed land surveyor or registered civil engineer qualified to do property line surveys. Such survey shall verif y the location of all existing property lines, easements, structures and protected trees (protected trees as defined in Section 15-50.020(s q)). The setback and height certification letter may be submitted after the initial application but in no event later than the foundation inspection. (3) A statement of all energy conserving features proposed for the project. Such features may include, but are not limited to, use of solar panels for domestic hot water or space heating, passive solar building design, insulation beyond that required under State law, insulated windows, or solar shading devices. Upon request, the applicant shall submit a solar shade study if determined necessary by the Community Development Director. (4) Building Ee levations of each the proposed structures showing all exterior materials, roof materials and window treatment. Such drawings shall include existing and proposed building height measurements referenced from existing and proposed finished grade. (5) Site sections for all each projects located on a hillside lot, together with an aerial photograph of the site if requested by the Community Development Director. (6) Engineered grading and drainage plans with existing and proposed finished grade elevation data, including cross sections. (7) Floor plans that indicate total floor area of each building or structure on the site , determined in accordance with Section 15-06.280 of this Chapter , plus a cumulative total of all floor area on the site . (8) Roof plans. (9) Landscape and irrigation plans for the site, showing the location and type of all landscaped areas, including: existing trees to remain on-site; new or replacement trees; live plant materials ;, water features;, hardscape;, irrigation systems, and any additional information necessary to comply with the City’s landscaping or water efficiency regulations. (10) Tree Preservation Plan, as required in Section 15-50.140 of this Chapter. (11) Preliminary title report showing all parties having any interest in the property and any easements, encumbrances and restrictions, which benefit or burden the property. 175 (12) Such additional exhibits or information as may be required by the Community Development Director. All exhibits shall be drawn to sc ale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and fifteen reduced sets on sheets eleven inches by seventeen inches in size. (13) A geotechnical clearance as defined in Section 15-06.325 of this Code Chapter, if required by the City Engineer. (14) Such additional exhibits or information as may be required by the Community Development Director to demonstrate compliance with Artic le 16 -47, Green Building Regulations of the Saratoga City Code. (b) Each An application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council. (Amended by Ord. 221 § 2 (part), 2003; Ord. 226 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006) (Ord. No. 272, § 2(exh. A), 9-16-2009; Ord. No. 307, § 1.C.16, 10-16-2013; Ord. No. 320, § 1.F.22, 11-5-2014; Ord. No. 328, § 1(Att. A, § 18), 7-1-2015) 15-45.075 - Requirement for story poles. Story poles are required as set forth below in order to depict the elevations and silhouettes of a proposed new structure building or an addition to an existing structure building requiring design review approval. (a) Definition and requirement. Story poles are temporary frames made of wood, metal, or other materials approved by the Community Development Department which are used to delineate ing the approximate height , shape, massing and area of a proposed structure. Story poles must be installed in the manner set forth below if the project is subject to design review approval. (b) Timing. The applicant shall install the story poles when notified to do so by the Community Development De partment or designated representative at least three business days prior to advertising the public hearing for the project (or in the case of administrative design review at least three business days prior to issuance of the "Notice of Intent to Approve"). Neither the notice of public hearing nor the "Notice of Intent to Approve" (as applicable) for the project will be mailed until the story poles are installed to the satisfaction of the Community Development Director and photographs of the installed and approved story poles are filed with the Community Development Department. (c) Requirements. The applicant's surveyor or civil engineer shall determine the perimeter points and elevations of the story poles based on the plans to be considered by the 176 approving b ody. For projects twenty-four feet or taller in height or if requested by the Community Development Director or designated representative, a letter signed by the project surveyor or civil engineer certifying the accuracy of the story poles shall be submitt ed before notice of the public hearing or the "Notice of Intent to Approve" (as applicable) on the project is mailed. Story poles shall be constructed of rigid materials which accurately outline the height and general area (including the proposed ridgeline s) for the new structure and/or addition. To delineate the area of large or complex structures staff may require the addition of netting or other appurtenances. All perimeter walls shall be delineated on the ground. Once the Community Development D epartment has authorized an applicant to erect story poles, the applicant shall comply with all of the following requirements : 1) The story poles must be constructed of wood, metal, or other materials pre - approved by the Community Development Director (which materials must be suitable for construction of a temporary frame that will remain standing during the required public notice and application review period). 2) The story poles shall be erected so that on each building elevation of the proposed structure at least one story pole shall show graduated five -foot interval height measurement markings in either paint or tape. 3) The story poles shall be erected so that at least one building elevation of the proposed structure shows the proposed finished grade and finished floor elevation markings in either paint or tape. 4) The story poles shall be erected so that orange netting or other materials approved by the Community Development Director will be used to approximate the mass, shape and roofline (e.g. roof pitch/slope, ridge, and volume) of the proposed structure as illustrated in Diagram A. For complex roof forms, the Community Development Director may also require that ridge flags be installed to delineate a main roof ridge or high point. 5) Upon completion of the story pole installation, the applicant shall provide to the Community Development Department a professional -stamped and signed letter from a State licensed land surveyor or civil engineer verifying the accuracy of the story pole installation in terms of location, heights, and elevation data. 6) The applicant shall erect on the story pole elevation facing the main access to the building site or the main street frontage, a minimum 11 -inch by 17 -inch sign which contains the following information: a) Name of applicant/property owner b) Contact telephone number of applicant/property owner c) A brief description of the proposed project’s scope of work d) Community Development Department main telephone number 7) Prior to any notices being distributed, the applicant shall submit photos satisfactory to the Community Development Department of the completed story pole installation including required signs. 177 Diagram A (d) Duration. The story poles shall not be removed until a decision on the project has been made by the approving body and the deadline to appeal such decision has expired with no appeal hasving been filed. If the decision by the approving body is appealed, the story poles shall remain in place until a final decision that is not subject to appeal has been made. The story poles are required to be removed within fifteen calendar days after a final decision action has been taken and all appeal periods have expired. If a project application is issued a continuance for an extended period of time, the Community Development Director may require the story poles to be removed and reinstalled not less than fifteen days prior to the next public hearing on the project. (e) Exceptions. The Community Development Director may consider unique and/or special circumstances (e.g. dangerous site topography or hazardous weather conditions) where an alternate method, tool or technology [e.g. models, photos imulations, or equivalent methods] may be used in-lieu of story poles to satisfy the requirements of Section 15 -45.075. (Ord. No. 272, § 2(exh. A), 9-16-2009; Ord. No. 307, § 1.C.17, 10-16-2013) 178 2. Article 15-46 - DESIGN REVIEW: MULTI -FAMILY DWELLINGS AND COMMERCIAL STRUCTURES 15-46.030 - Application requirements. (a) Each aApplication for design review approval shall be filed with the Community Development Director on such form(s) as shall be prescribed. The application shall include the following exhibits: (1) A site plan showing all of the following: (i) property lines, (ii) easements, (iii) dimensions, (iv) topography (i.e. existing and finished grade elevation data), and (v) the proposed layout of all structures and improvements including, where appropriate, driveways, pedestrian walks, parking and loading areas, landscaped areas, fences and walls, and (vi) the species, trunk diameter breast height (DBH as defined in Section 15-50.020(g)), canopy driplines (as defined in Section 15 - 50.020(k)), and locations of all heritage trees (heritage trees as defined in Section 15-50.020(n l)), trees measuring at least ten inches DBH, and all native trees measuring at least six inches DBH on the property and within one hundred fifty feet of the property. The site plan shall indicate the locations of entrances and exits and the direction of traffic flow into and out of parking and loading areas, the location and dimension of each parking and loading space, and areas for turning and maneuvering vehicles. (2) Architectural drawings or sketches showing all building elevations of each the proposed structures as they will appear upon completion. Such drawings shall include existing and proposed structure height measurements referenced from existing and proposed finished grade . All exterior surfacing materials and their colors shall be specified, and the size, location, material, colors and illumination of all signs shall be indicated. (3) A landscape and irrigation plan for the site, showing the locations of existing trees proposed to be retained on the site, the location of any proposed replacement trees, types and quantities of landscape plants and materials and irrigation systems, appropriate use of native plants, and water conserving plants and materials and irrigation systems, and all other landscape features. (4) Cross sections for each all projects located on a hillside lot. (5) Engineered grading and drainage plans with existing and proposed finished grade elevation data, including cross sections if the structure is to be constructed on a hillside lot. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES). 179 (6) Floor plans showing total floor area, of each building or structure on the site, determined in accordance with Section 15-06.280 of this Chapter , plus a cumulative total of all floor area on the site . (7) Roof plans. (8) Such additional exhibits or information as may be required by the Community Development Director or the Planning Commission. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty- eight inches in size and fifteen sets on sheets eleven inches by seventeen inches in size. (9) Such additional exhibits or information as may be required by the Community Development Director to demonstrate compliance with Article 16 -47, Green Building Regulations of the Saratoga City Code. (b) Each The application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council, together with a deposit toward the expense of noticing the public hearing as determined by the Community Development Director. (Amended by Ord. 226 § 2 (part 1), 2003; Ord. 229 § 2 (part), 2004; Ord. 245 § 2 (Att. A) (part), 2006) (Amended by Ord. No. 272, § 2(exh. A), 9-16-2009) 15-46.032 - Requirement for story poles. Story poles shall be required in the same manner as under City Code Section 15-45.075 of this Chapter. (Ord. No. 272, § 2(exh. A), 9-16-2009) END OF AMENDMENTS Section 2. California Environmental Quality Act EXEMPTION FROM CEQA. The proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor Alteration to Land Use Limitations, and 15061(b)(3) - The general rule that CEQA applie s only to projects which have the potential of causing a significant effect on the environment. 180 Section 3. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly notice public hearing the foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the ____ day of __________, 2015, and was adopted by the following vote following a second reading on the ___ of _________, 2015. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Howard Miller Debbie Bretschneider MAYOR OF THE CITY OF SARATOGA ACTING CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY 181 REPORT TO THE PLANNING COMMISSION Meeting Date: October 28, 2015 Application: Application ZOA15-0010, Citywide - Amendment of City Code Section 15-65 (Nonconforming Uses and Structures) Location City Wide Owner/Applicant: City of Saratoga Staff Planner: Erwin Ordoñez, Community Development Director RECOMMENDED ACTION: Recommend the Planning Commission adopt the attached resolution recommending that the City Council 1. Adopt an ordinance which includes various changes to Articles 15-65 (Nonconforming Uses and Structures) of the Saratoga City Code. BACKGROUND: In Fall 2014, the Planning Commission included a request for the City Council to include a study issue in the FY2015-2016 Community Development Department work plan that would study possible revision to the City’s Nonconforming Uses and Structures regulations. Prior to this the Planning Commission had reviewed several projects that involved minor remodeling or additions to existing legal nonconforming homes that could not be approved administratively by staff because the value of the proposed improvements exceeded the approval thresholds in the City Code. Additionally, the City received anecdotal comments from homeowners and designers that additional flexibility is needed in the regulations for nonconforming structures so that homeowner can reasonably remodel or expand their homes. The City Council authorized this study issue as part of the Planning Commission’s FY2015-2016 work plan and requested that staff conduct some preliminary research for its review prior to any study sessions. On April 15, 2015 the City Council reviewed staff’s preliminary research which included a survey of the nonconforming regulations of neighboring communities with similar characteristics. Staff also identified preliminary considerations for the City Council to review as it developed the following direction for the Planning Commission: · Consider alternative thresholds that may be easier to understand and achieve the same overall goal - such as limiting overall square footage. · Nonconforming structures are to be brought into conformance over time. 182 Page 2 of 3 · Provide relief for historic buildings so they can be preserved – not brought into conformance. · Majority of nonconforming structure additions to be reviewed administratively. · Distinguish between interior/exterior remodels when calculating work limits on nonconforming structures. · Allow exceptions when structures nominally encroach into setback areas and proposed construction would create inconsistency in the aesthetics of the structure On August 11, 2015, the Planning Commission held a study session to review Council’s direction and staff’s preliminary research regarding this matter. The Commission provided staff suggested revisions for the City’s regulations and continued the matter to another study session with direction for staff to prepare a draft ordinance amendment. On September 22, 2015 the Planning Commission reviewed the draft Ordinance at a second study session and received additional comments from the public. The Commission made some minor revisions to the draft ordinance based on comments from designers and homeowners who participated in the study session. After the Planning Commission study session, staff worked with the City Attorney’s office to incorporate the Commission requested revisions into the attached draft ordinance. Additionally, the draft also includes structural and formatting changes specifically recommended by the City Attorney’s office to maintain internal consistency with the structure of the City Code and to reflect recently adopted changes. The Draft Ordinance is provided as Attachment 1. Text to be added is indicated in underlined font (e.g., underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). DISCUSSION: Based on City Council’s direction, the Planning Commission’s input and public comments the attached Ordinance includes the following considerations that were discussed at the prior study sessions: • Use of floor area as an alternative lifetime threshold to construction valuation or expenditures construction work estimates for determining when a structure must comply with the Code. The Ordinance now includes an amended matrix that shows amend thresholds based on floor area that reflect different levels of improvements or construction and the corresponding levels or review. • Use of the recently adopted demolition definition as the main trigger for determining when proposed work will be defined as a reconstruction and must comply with the requirement that the entire structure must be brought into compliance with Code requirements. 183 Page 3 of 3 • Provision of an exception for historic structures which also encourages property owner listing on the City’s Heritage Resources List and Historic Landmarks List as well as applicable State or National Historical Lists. • Allowing the majority of additions and remodeling of nonconforming stuctures to be reviewed administratively while maintaining existing Code triggers for Planning Commission review (e.g. commercial, multi-family, 2nd story additions, FAR exceeding 6,000 square feet, etc.) • Distinguishing between interior only and exterior remodels. This would allow homeowners to remodel the interiors of their homes without triggering the requirement to bring the entire home into compliance with all applicable Code requirements. • Allowance for an extension of a non-conforming side yard setback up for to 15 feet for proposed additions provided that the addition maintains a minimum six foot setback and is in-line with the existing setback of the non-conforming structure. This would allow additional flexibility for homeowners to expand homes in a limited manner without triggering the requirement to bring the entire home into compliance with all applicable Code requirements. EXEMPTION FROM CEQA The proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor Alteration to Land Use Limitations, and 15061(b)(3) - The general rule that CEQA applies only to projects which have the potential of causing a significant effect on the environment. ATTACHMENTS: Attachment 1 - Resolution for Approval with the following Attachment: · Exhibit A – Draft Ordinance 184 CITY OF SARATOGA PLANNING COMMISSION RESOLUTION NO: 15-049 Application ZOA15-0010 Application ZOA15-0010, Citywide - Amendment of City Code Section 15-65 (Nonconforming Uses and Structures) The City of Saratoga Planning Commission finds and determines with respect the above described application: WHEREAS, the City of Saratoga has adopted Chapter 15 (Zoning Regulations) of the City Code to ensure healthy, safe and orderly development within the City, and WHEREAS, purpose of City Code Section 15-65 (Nonconforming Uses and Structures) is to limit the number and extent of nonconforming uses and structures by prohibiting or restricting their repair, alteration, enlargement, intensification, reconstruction, or re-establishment after abandonment or restoration after destruction, and WHEREAS, in Fall 2014, the Planning Commission identified the need to amend Section 15-65 to address a potential constraint which limits the ability of homeowners to be able to remodel or expand their homes in a reasonable manner, and WHEREAS, the City Council authorized the Planning Commission to include a possible study of the City’s nonconforming use and structures regulations in its FY2015-2016 work plan, and WHEREAS, on April 15, 2015 the City Council held a public meeting to review preliminary staff research regarding the nonconforming use and structure regulations of neighboring communities and develop direction for the Planning Commission Study Session process; and WHEREAS, on August 11, 2015 the Planning Commission held a study session to review City Council direction regarding this issue, preliminary staff research, and directed staff to prepare a draft ordinance for its review; and WHEREAS, on September 22, 2015 the Planning Commission held a study session to review the draft ordinance; and WHEREAS, public participation opportunities were provided through a Planning Commission Study Sessions and Public Hearing, and WHEREAS, on October 28, 2015, the Planning Commission held a duly noticed Public Hearing on the draft amendments to Article 15-65 (Nonconforming Uses and Structures) at which time all interested parties were given a full opportunity to be heard and to present evidence and argument. The Planning Commission considered the draft amendments to the City Code, the Staff 185 Report, CEQA documentation, correspondence, presentations from the public, and all testimony and other evidence presented at the Public Hearing, and WHEREAS, the proposed ordinance is determined to be are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor Alteration to Land Use Limitations, and 15061(b)(3) - The general rule that CEQA applies only to projects which have the potential of causing a significant effect on the environment, and WHEREAS, the Planning Commission recommends that the City Council find that the proposed amendments are consistent with the City of Saratoga General Plan; and NOW, THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth are true and correct and incorporated herein by reference. Section 2: The proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor Alteration to Land Use Limitations, and 15061(b)(3) - The general rule that CEQA applies only to projects which have the potential of causing a significant effect on the environment. Section 3: The project is consistent with the following Saratoga General Plan Goals and Policies: Land Use Element 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; Section 4: After careful consideration of the staff report, and other materials, exhibits and evidence submitted to the City in connection with this matter, the Planning Commission of the City of Saratoga does hereby recommend to the City Council to find this amendment to be Categorically Exempt from CEQA and to approve proposed amendments to Section 15-65 (Nonconforming Uses and Structures) of the City Code (Exhibit A). PASSED AND ADOPTED by the City of Saratoga Planning Commission this 28th day of October 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Leonard Almalech Chair, Planning Commission Exhibit A – Ordinance 2 186 3 187 ORDINANCE __________ AN ORDINANCE AMENDING THE SARATOGA CITY CODE REGARDING NON-CONFORMING USES Findings 1. The City of Saratoga wishes to update the City Ordinance on Non-Conforming Uses. 2. The updates in this ordinance affect provisions of the City’s non-conforming use regulations. These amendments were considered by the Planning Commission of the City of Saratoga and the Commission, after a duly noticed public hearing on ______, 2015, recommended adoption of these updates to City Non-Conforming Uses Regulation. 3. The City Council of the City of Saratoga held a duly noticed public hearing on _____________, 2015 and after considering all testimony and written materials provided in connection with that hearing, introduced this ordinance. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold double underlined font (e.g., underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this ordinance. Article 15-65 - NONCONFORMING USES AND STRUCTURES[5] 15-65.010 – Purposes of Article. This Article is intended to limit the number and extent of nonconforming uses and structures by prohibiting or restricting their repair, alteration, enlargement, intensification, reconstruction, or re-establishment after abandonment or restoration after destruction. Nothing in this Article shall authorize any action inconsistent with Chapter 13 or any other heritage preservation provisions of this Code. This Article is further intended to allow certain nonconforming uses and structures to remain where such uses or structures do not conflict with the objectives of this Chapter and the purposes of the zoning district in which they are located. (Ord. No. 273, § 1(att. A), 9-16-2009) 15-65.020 - Definitions. The following definitions apply throughout this Article, unless the context or the provision clearly requires otherwise: 1 188 (a) Construction Valuation means the estimated cost to rebuild a structure (at the time work is proposed to be performed on the structure) as determined by the Community Development Director (using the Building Official's current multiplier for calculating the per-square-foot valuation of new construction). (b) Expenditure means the estimated valuation, as determined by the Community Development Director (using the Building Official's current multiplier for calculating the per-square-foot valuation of new construction), of work to be performed in connection with any nonconforming use or structure. In making this determination, the Director shall confirm that the portions of the structure which the plans show as not to be repaired or altered are in fact structurally sound and that it will not be necessary to repair or alter such portions of the structure during construction. The Director may require that a termite inspector, registered engineer or other professional(s) satisfactory to the Director be retained at the applicant's expense to make certifications in this regard. (a) Maintenance means routine, recurring, and usual activities for the preservation, protection, and keeping of a structure for its intended purposes in a safe and continually usable condition for which it was designed. Repainting or reroofing (in kind) of a structure is an example of maintenance. (b) Demolition means either of the following: (1) removal or covering of more than fifty percent of the exterior walls of an existing structure so the walls no longer function as exterior walls and removal of more than fifty percent of the existing roof structure and exterior roof sheathing; or (2) removal or covering of more than fifty percent of the exterior walls of an existing structure so the walls no longer function as exterior walls and removal of more than fifty percent of interior walls. The exclusive removal of interior walls without any modification or removal of exterior walls or any modification or removal of the existing roof structure and exterior sheathing is not considered a demolition. (c) Major Repair or Alteration means any work, after (December 2, 2015) that is estimated to result in expenditure (cumulatively), after October 16, 2009, of greater than twenty percent and does not constitute a demolition of the structure as defined by this Code. 2 189 exceeding fifty percent of the estimated construction valuation of the structure that is subject of the work Major Repair or Alteration means any work that is estimated to result in expenditure (cumulatively), after October 16, 2009, of greater than twenty percent and not exceeding fifty percent of the estimated construction valuation of the structure that is the subject of the work. (d) Nonconforming Structure means a structure lawfully existing on the effective date of a change in a development standard established by this Code and continuing since that date in nonconformance to the development standard. The use of this term in this Article shall refer only to a legal nonconforming structure. (1) A structure that was not originally constructed in conformance with regulations applicable at the time is not a legal structure. (2) A structure that solely lacks the required number of off-street parking facilities, but otherwise conforms to City code is not considered nonconforming. (e) Nonconforming Use means a use lawfully existing on the effective date of a change in a use restriction and continuing since that date in nonconformance to the use restriction. Site and structural dimensions are not considered use restrictions and are instead development standards applicable to structures. The following pre-existing uses shall constitute a nonconforming use subject to the provisions of this Article unless a conditional use permit is subsequently granted for such use: (1) A use established prior to any City regulation requiring a conditional use permit for such use, but which by virtue of later-adopted City regulation(s) becomes a use allowed only upon the granting of a conditional use permit; and (2) A use being conducted under a valid conditional use permit, but which by virtue of later-adopted City regulation(s) becomes a use no longer allowed to continue. The use of this term in this Article shall refer only to a legal nonconforming use. A use that was not originally commenced in conformance with regulations applicable at the time is not a legal use. (f) Reconstruction means either of the following: (1) Any construction work that results from a demolition as defined by this Code would expand the floor area by more than fifty percent or modify modification of the footprint of a structure by more than fifty percent; or 3 190 (2) Moving a nonconforming structure or a structure being used for a nonconforming use to any other location on the parcel or adjoining parcels (whether the structure movement is in whole or in part). Repair or alteration work which does not include any proposed exterior changes to a nonconforming structure is not considered reconstruction or expansion. (g) Statement of Acknowledgment of Legal Nonconforming Status means a document in form and content approved by the Community Development Director and recorded in the office of the County Recorder documenting the extent to which a use or structure on the subject property is nonconforming, but legal pursuant to the terms of this Article. (h) Work means any work, whether structural or nonstructural, that is done to a structure including repair, alteration and reconstruction, but excluding maintenance and the replacement of the interior or exterior wall coverings, fixtures, or windows or doors (without altering their respective openings). (Ord. No. 273, § 1(att. A), 9-16-2009; Ord. No. 307, § 1.C.21, 10-16-2013; Ord. No. 320, § 1.F.24, 11-5-2014) 4 191 15-65.025 - Summary table of thresholds. The table below outlines defining thresholds for maintenance, minor vs. major repairs and alterations, voluntary vs. involuntary damage, and applicable standards for such activities. Type of Work Maintenance Minor Repairs and Alterations Major Repairs and Alterations Voluntary Reconstruction Involuntary Damage not exceeding 75% of existing square footage area Involuntary Damage exceeding 75% of existing square footage area Description Routine and recurring activity for the preservation and protection of a structure. Repainting or reroofing (in kind) is an example Work that is estimated to result in the expenditure (cumulativel y) or 20% or less of the estimated construction valuation of the entire structure Work that does not constitute a demolition and does not exceed 75% of the maximum allowable floor area or 100% of the existing floor area of the structure, whichever is greater Is estimated to result in the expenditure (cumulativel y) of greater than 20% and not exceeding 50% of the estimated construction valuation of the entire structure Reconstruction of any nonconforming structure that would expand the floor area by more than 50% Work that results from a voluntary demolition or modify modification of the footprint of a structure by more than 50% OR Relocation of a structure Reconstruction of an involuntarily damaged nonconformin g structure to its previous configuration which is involuntarily damaged not exceeding 75% of the constructio n valuation square footage area of the entire structure Reconstruction of an involuntarily damaged nonconformin g structure to its previous configuration which is involuntarily damaged exceeding 75% of the constructio n valuation squa re footage area of the entire structure 5 192 Type of Work Maintenance Minor Repairs and Alterations Major Repairs and Alterations Voluntary Reconstruction Involuntary Damage not exceeding 75% of existing square footage area Involuntary Damage exceeding 75% of existing square footage area Applicable Standards Routine maintenance is not subject to cumulative limits Permitted subject to required permits and specified standards Permitted subject to Planning Commission review and findings required by Code Reconstruction exceeding 50% is not permitted and the structure must conform to all applicable standards Permitted up to 100% of its previous configuration subject to required permits and specific standards, provided that reconstruction does not exceed the structure's predamaged first and second story footprint and result in a health and/or safety hazard Permitted up to 100% of its previous configuration subject to Planning Commission determination provided that reconstruction does not exceed the structure's predamaged first and second story footprint and result in a health and/or safety hazard The text of this Article takes precedence over this Summary Table for purposes of interpreting this Article. (Ord. No. 273, § 1(att. A), 9-16-2009; Ord. No. 307, § 1.C.21, 10-16-2013; Ord. No. 320, § 1.F.24, 11-5-2014) _____ 15-65.030 - Continuation in general; regulations applicable to nonconforming uses or structures. (a) Nonconforming uses and structures may be continued only in conformity with the provisions of this Article. The owner of property on which a nonconforming use or structure is claimed shall have the burden of proof in establishing to the satisfaction of the Community Development Director the nonconforming status claimed. The Community Development Director may charge a fee, as established in the City Fee Schedule, for the review of evidence submitted to meet the owner's burden of proof 6 193 and for the preparation of a Statement of Acknowledgment of Legal Nonconforming Status if the evidence demonstrates that a use or structure on the subject property is wholly or partially nonconforming, but legal pursuant to the terms of this Article. A use or structure that is not in conformity with the provisions of this Chapter, or that is not a legal nonconforming use or structure in accordance with this Article, shall constitute a violation of this Code and shall not be continued. (b) The following regulations apply to each nonconforming use or structure: (1) All new construction allowed to occur with respect to a nonconforming use or structure shall comply with current requirements of Chapter 16 of this Code. (2) Repair, alteration or reconstruction otherwise required by this Code or applicable law, and not otherwise prohibited by the rights or regulations of any other governmental agency having jurisdiction, shall be allowed in the following circumstances and shall not be considered in calculating any estimated construction valuation: (i) Repair, alteration, or reconstruction required to retrofit unreinforced masonry structures or otherwise required to comply with earthquake safety standards established in Chapter 16 of this Code, provided the retrofitting or other work is limited exclusively to compliance with earthquake safety standards; (ii) Repair, alteration, or reconstruction required to elevate a habitable structure in a floodplain, provided the elevation work is limited exclusively to compliance with flood prevention standards; (iii) Repair, alteration, or reconstruction required to comply with required energy efficiency standards established in Chapter 16 of this Code, provided the work is limited exclusively to compliance with those standards; and (iv) Repair, alteration, or reconstruction which is limited exclusively to compliance with the Americans with Disabilities Act (ADA) or Chapters 11A and 11B of the State Building Code set forth in Volume II of Title 24 of the California Code of Regulations. (3) Any building permit or use permit or other approval issued pursuant to this Code for minor or major repairs or alterations, reconstruction, or change, expansion or intensification of a legal nonconforming use or structure shall include a condition requiring recordation of a Statement of Acknowledgment of Legal Nonconforming Status. (4) Any otherwise permitted intensification of a use or structure must comply with current parking standards. 7 194 (Ord. No. 273, § 1(att. A), 9-16-2009; Ord. No. 307, § 1.C.21, 10-16-2013; Ord. No. 320, § 1.F.24, 11-5-2014) 15-65.035 - Continuation after annexations; regulations applicable to nonconforming uses or structures on property annexed to the City. (a) A structure lawfully existing on the effective date of its annexation into the City but which is in nonconformance at that time to any applicable City development standard shall be considered a legal nonconforming structure, unless, as hereby authorized, the City, at the time of annexation establishes a different status (in whole or in part) for that structure as a condition of such annexation. (b) A use lawfully existing on the effective date of its annexation into the City but which is in nonconformance at that time to any applicable City use regulation shall be considered a legal nonconforming use, unless, as hereby authorized, the City, at the time of annexation establishes a different status (in whole or in part) for that use as a condition of such annexation. (Ord. No. 273, § 1(att. A), 9-16-2009) 15-65.040 - Residences and structures on substandard parcels. (a) Multiple residences on parcels resulting in nonconforming use. Where the number of residences on a parcel does not conform to later-adopted regulations, the result is a legal nonconforming residential use. In such case, the property owner shall identify as the conforming residence(s) on the parcel up to the number of residences allowed by current City regulations and such identified residence(s) shall not be subject to the regulations contained in this Article. The remaining residence(s) shall be deemed nonconforming uses and structures. The property owner election and status of the residence(s) on the property shall be documented in a Statement of Acknowledgment of Legal Nonconforming Status recorded by the property owner in the office of the County Recorder. (b) Structures on nonconforming sites. A nonconforming use results where there is an existing structure or a structure is proposed to be constructed on a lawfully created parcel having a site area, frontage, width or depth less than the minimum standards prescribed for the zoning district in which the parcel is located. However, such structure shall be considered conforming and shall not be subject to the regulations contained in this Article if all of the following conditions are satisfied: (1) Where the width of a site does not conform with the applicable standard for the zoning district, the minimum width of interior side setback areas for first floors shall be not less than ten percent of the width of the site or six feet, whichever is greater, and the minimum width of an exterior side setback area for first floors of a corner lot shall be not less than twenty percent of the width of the 8 195 site or fifteen feet, whichever is greater. The second floor setback area for interior and exterior lot lines shall be increased an additional five feet. (2) Where the depth of the site is less than the applicable standard for the zoning district, the rear setback area for the first floor shall be twenty percent of the depth of the site or twenty feet, whichever is greater. The second floor rear setback area shall be increased an additional five feet. (3) In the event the setbacks described in (1) and (2) above are determined to be greater than those in the applicable zoning district standard, then the zoning district standard shall apply. Except as provided in (1) through (2) above, the residence shall comply with all other regulations for the zoning district, except the minimum site area and frontage which render the existing parcel substandard. (Ord. No. 273, § 1(att. A), 9-16-2009) 15-65.050 – Minor or major repairs Repairs or alterations to structures. Approvals and Permits Subject to the provisions of this Article, minor repair or alteration to a nonconforming structure may be performed without Planning Commission approval, provided such alterations do not increase the degree of noncompliance or otherwise increase the discrepancy between existing conditions and the requirements of this Chapter, and further provided that all otherwise required approvals and permits are first obtained. (b) Major. Subject to the provisions of this Article, major repair and alteration of a nonconforming structure may be permitted if the Planning Commission makes the following determinations: (1) The repair and/or alteration will accommodate a conforming use; (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; and (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. 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 unless the structure is subject to Section 15-65.070 of this Code. (Ord. No. 273, § 1(att. A), 9-16-2009) 15-65.60 - Expansion of nonconforming structures. 9 196 A nonconforming Nonconforming structures shall not be moved or altered so as to increase in any way the discrepancy (or change the footprint) between existing conditions and the development standards established by this Code except as provided below. Examples of prohibited alterations include the following: (1) Single family residential structures that are nonconforming because a portion of the structure extends into a side yard setback area may continue the existing setback encroachment on one side for a one-story addition, provided that the proposed extension of the nonconforming building wall shall not be closer than six feet to a property line and does not extend the structure more than 15 feet. (2) Proposed expansion of nonconforming side yard setbacks shall be reviewed in conjunction with a building permit application provided that a current boundary line survey verifying the location of the structure and all relevant property lines is also submitted. (1) A legal nonconforming single-family dwelling which exceeds the current Floor Area Ratio (or Site Coverage) limit may not add one hundred square feet to the structure by decreasing another portion of the dwelling by one hundred square feet to keep the dwelling at the original square footage, even though there would be no net gain in Floor Area (or Site Coverage) as to the legal nonconforming structure. (2) A legal nonconforming structure which is nonconforming (in part) because a portion of the structure extends into a setback area may not expand by continuing the setback encroachment along the entire structure by removing equivalent nonconforming square footage from another yard setback area, even though there would be no net gain in the total nonconforming area encroaching into a required setback. The prohibition against moving or increasing the discrepancy of a legal nonconforming structure shall not apply if a variance for the moving or increase is granted pursuant to Article 15-70 of this Chapter. (Ord. No. 273, § 1(att. A), 9-16-2009) 15-65.065 - Reconstruction. Reconstruction of any nonconforming structure that results from a demolition as defined by this Code and or exceeding fifty percent of the construction valuation of the entire structure 10 197 structure’s existing foot print must conform to all standards in this Chapter unless the structure is subject to Section 15-65.070 of this Code. Repair or alteration work which does not include any proposed exterior changes to a nonconforming structure is not considered reconstruction or expansion. (Ord. No. 273, § 1(att. A), 9-16-2009; Ord. No. 307, § 1.C.21, 10-16-2013) 15-65.070 - Reconstruction following involuntary damage to or destruction of nonconforming structure. (a) Reconstruction to previous configuration. A nonconforming structure which is involuntarily damaged or destroyed by fire, flood, earthquake, vandalism or other catastrophic event may be reconstructed up to its previous configuration (as to both horizontal and vertical building envelope) subject to Section 15-65.025 of this Code, provided that the reconstruction does not exceed the structure's predamaged height, first and second story footprint, and does not restore, create or result in a health and/or safety hazard. (b) Reconstruction of multi-family dwellings subject to Government Code section 65852.25. When a nonconforming multi-family dwelling is involuntarily damaged or destroyed by fire, flood, earthquake, vandalism, the public enemy or other catastrophic event and the structure is subject to Government Code section 65852.25 (or any successor thereto) it may be reconstructed so long as the City Council has not made findings in accordance with that section to prohibit the reconstruction provided that the reconstruction does not exceed the structure's predamaged size and number of dwelling units and otherwise conforms with that section. (c) Residential structure in commercial zoning district. When the structure is at least in part a residential structure in a commercial district it may be reconstructed provided that the reconstruction: (1) Does not exceed the structure's predamaged size and number of dwelling units; and (2) Maintains the same amount of floor area devoted to residential use as the predamaged structure; and (3) Reproduces the design of the predamaged structure to the maximum extent feasible or is of a revised design approved pursuant to then current design review standards and procedures. (d) Compliance with other regulations. Except as otherwise provided in this Section with regard to reconstruction of all or a portion of a structure to its previous nonconforming condition, all reconstruction shall be subject to all applicable laws, 11 198 regulations and procedures otherwise governing construction on the site at the time such reconstruction is undertaken. (e) Time to commence reconstruction. The reconstruction work authorized by this Section shall be commenced within two years from the date of damage or destruction (unless, prior to the expiration of that two-year period, the deadline to commence reconstruction is extended by the Community Development Director for up to another two years) and be prosecuted diligently to completion. (Ord. No. 273, § 1(att. A), 9-16-2009; Ord. No. 307, § 1.C.22, 10-16-2013) 15-65.075 Preservation of Historic Buildings. Any proposed construction or alteration work to an existing nonconforming structure that is listed on the City of Saratoga Historic Landmark List, Heritage Resource Inventory List, California Register of Historical Resources (CRHR) or National Register of Historic Places shall be exempt from the repair or alteration provisions of this Article provided all of the following requirements are satisfied: (a) The property must be listed on one of the following approved historic resource listings: (1) City of Saratoga Historic Landmark List; (2) City of Saratoga Heritage Resource Inventory List; (3) California Register of Historical Resources (CRHR); or (4) National Register of Historic Places (b) The City’s Heritage Preservation Committee shall review any proposed work exceeding 100 square feet or any work that is visible from an adjacent street and shall provide a recommendation to the Community Development Director as to the compatibility of the proposed repair or alteration work with the historic character of the structure (c) The proposed repair or alteration work shall maintain any front building façade that is visible from and adjacent street in a historically appropriate manner determined by the Heritage Preservation Committee (d) The property shall be exempt from any square footage reconstruction limit based on floor area 15-65.080 - Unsafe buildings. 12 199 Nothing in this Article shall be construed as repealing, abrogating or modifying any provision of this Code or of any law relating to requirements for construction, maintenance, repair, demolition or removal of structures, or requiring the immediate removal of any structure, or any portion thereof, determined to be unsafe for human occupancy or otherwise constituting a public nuisance. (Ord. No. 273, § 1(att. A), 9-16-2009) 15-65.090 - Change of use. (a) A nonconforming use shall not be replaced or supplemented by another nonconforming use. (b) Any portion of a nonconforming use, which is changed to a conforming use, shall not be re-established. (Ord. No. 273, § 1(att. A), 9-16-2009) 15-65.100 - Expansion or intensification of nonconforming uses. (a) Except as provided in subsection (b) below, a nonconforming use may not be expanded or intensified. This prohibition shall include, but not be limited to, any expansion or intensification of a nonconforming use which: (1) Increases the site area or floor area occupied by such nonconforming use on the same or any additional site; or (2) Increases the number of structures or size of any structure housing a nonconforming use or any portion thereof; or (3) Increases the amount, volume, or intensity of a nonconforming business use, or the machinery, equipment, trade fixtures or other personal property utilized in the conduct of such use; or (4) Displaces any conforming use occupying a structure or site. (b) The Planning Commission may approve the expansion and/or intensification of a nonconforming use upon finding that such expansion and/or intensification will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. Any such approval shall include a condition requiring recordation of a Statement of Acknowledgment of Legal Nonconforming Status and specification therein of the limit(s) of such approved expansion and/or intensification. (Ord. No. 273, § 1(att. A), 9-16-2009) 13 200 15-65.110 - Reconstruction of damaged or destroyed nonconforming use. (a) A nonconforming use which is involuntarily damaged or destroyed by fire, flood, earthquake, vandalism or other catastrophic event not exceeding seventy-five percent of the use may be re-established for continued occupancy by the nonconforming use or uses(s) previously conducted therein, subject to the following limitations: (1) The extent of nonconformity (i.e., neither the intensity of activity, nor the site area or floor area occupied by the nonconforming use subsequent to reconstruction or restoration of the site or structure(s)) shall exceed that existing prior to the damage or destruction of the use. (2) Reconstruction or restoration of the use shall be subject to all applicable laws, regulations and procedures otherwise governing construction on the site at the time such construction is undertaken. (3) The re-establishment of the use authorized by this Section shall be commenced within two years from the date of damage or destruction (unless, prior to the expiration of that two-year period, the deadline to commence re-establishment is extended by the Community Development Director by up to another two years) and prosecuted diligently to completion. (Ord. No. 273, § 1(att. A), 9-16-2009) 15-65.120 - Termination of nonconforming uses and structures by abandonment or discontinuance/cessation of use. (a) Whenever a nonconforming use has ceased, been abandoned or discontinued for a period of one hundred eighty consecutive days or longer, such use shall not be resumed, re-established, or continued and all subsequent uses of the site and the structures thereon shall conform to the requirements of this Chapter. (b) Whenever a nonconforming structure has been abandoned or its use has ceased for a continuous period of one year or longer, the structure shall be removed from the site or changed to a conforming structure. (c) Discontinuance of a nonconforming use for a period of one hundred eighty consecutive days or nonuse of a nonconforming structure for a continuous period of one year, shall conclusively be presumed an abandonment, discontinuance/cessation of such use or structure under the terms of this Section; provided, however, a discontinuance of use in either of the following circumstances shall not be counted toward such time periods: 14 201 (1) Any discontinuance of use of up to three hundred sixty days in connection with a pending sale or other transfer of ownership or management of a nonconforming use or structure to a designated person where the discontinuance of use is solely for the purpose of accomplishing the sale or transfer. (2) Any discontinuance of use during the period of reconstruction of a damaged or destroyed nonconforming structure, where such reconstruction is permitted under this Article. (Ord. No. 273, § 1(att. A), 9-16-2009) CONFORMING AMENDMENTS Section 15-19.060 is amended to read as follows: 15-19.060 Continuation of nonconforming uses Notwithstanding the provisions of Section 15-65.020(e)(1) of this Chapter, any clinic operating no earlier than 7:00 A.m. and no later than 9:00 P.M., any establishment engaged in the sale of alcoholic beverages and any restaurant, market or delicatessen which, as of September 6, 1989, was lawfully established and legally operating as a permitted use, shall be exempted from the necessity to obtain a use permit for continuation of such use, but in all other respects shall be regarded as a nonconforming use. Any mini- storage facility lawfully operating pursuant to a a use permit granted prior to September 6, 1989, may continue to operate pursuant to the terms and conditions of such permit. END OF AMENDMENTS Section 2. California Environmental Quality Act The proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor Alteration to Land Use Limitations, and 15061(b)(3) - The general rule that CEQA applies only to projects which have the potential of causing a significant effect on the environment. Section 3. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen (15) days after its adoption. Following a duly notice public hearing the foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the ____ day of __________, 2015, and was adopted by the following vote following a second reading on the ___ of _________, 2015. COUNCIL MEMBERS: AYES: NAYS: 15 202 ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Howard Miller Crystal Bothelio MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA Saratoga, California Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY 16 203