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HomeMy WebLinkAbout01-25-2012 Planning Commission PacketTable of Contents Agenda 2 January 11, 2012 Draft Minutes 4 APPLICATIONS PDR10-0011 & VAR11-0002 (503-26- 032)Yang, 14362 Springer Avenue Staff Report 6 Attachment 1 - resolution 15 Attachment 2 - notice 22 Attachment 3 - neighbor forms 23 Attachment 4 - arborist report 28 Attachment 5 - geotechnical review 32 Attachment 6 - fire department review 34 Attachment 7 - greenpoint checklist 36 Attachment 8 - variance supporting information 48 Attachment 9 - Exhibit A 73 Attachment 10 - Exhibit B 89 APPLICATION PDR11-0012 (397-17-070) Dang & Ha, 14545 Fruitvale Avenue 2nd Staff Report - 14545 Fruitvale Avenue 90 Att. 1 - Resolution 96 Att. 2 - Staff Report dated 12/14/11 103 Att. 3 - HPC Approval Letter 109 Att. 4 - Arborist Report - 14545 Fruitvale 110 Att. 5 - Neighbor Notification 119 Att. 6 - Notices, Affadavit, and Labels 124 Att. 7 - Build-it-Green Checklist 127 Att. 8 - Color Board 138 Att. 9 - Reduced Plan Set - 14545 Fruitvale 140 1 CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, January 25, 2012 - 7:00 PM PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL Commissioners – Chair Douglas Robertson, Vice-Chair Tina K. Walia, Mary-Lynne Bernald, Pragati Grover, Joyce Hlava, David Reis and Yan Zhao PLEDGE OF ALLEGIANCE MINUTES Action Minutes from the Regular Planning Commission Meeting of January 11, 2012 ORAL COMMUNICATION Any member of the Public will be allowed to address the Planning Commission for up to three 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. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF REPORT OF POSTING AGENDA Pursuant to the Government Code 54954.2, the agenda for this meeting was properly posted on January 19, 2012 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, pursuant to Municipal Code 15-90.050 (b). All interested persons may appear and be heard at the above time and place. Applicants/Appellants 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. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. PUBLIC HEARING 1. APPLICATIONS PDR10-0011 & VAR11-0002 (503-26-032) Yang, 14362 Springer Avenue - The applicant is requesting Design Review approval for a new two-story home and basement. The proposed floor area of the home is 1,605 square feet and the proposed lot coverage is 2,085 square feet. The applicant is requesting a variance for a one-car garage and reduced setback for the second story. The lot is 3,454 square feet in area and the site is zoned R-1-10,000. No trees are requested for removal. (Cynthia McCormick, AICP) 2. APPLICATION PDR11-0012 (397-17-070) Dang & Ha, 14545 Fruitvale Avenue - The applicant requests Design Review approval to replace an existing one-story, single family residence, detached garage, guest house, and barn, with a proposed two-story, single-family residence and attached garage located at 14545 Fruitvale Avenue. The total floor area of the proposed new residence is 6,728 sq. feet and the height would be approximately 25.5 feet. (Michael Fossati) 2 NEW BUSINESS DIRECTORS ITEM COMMISSION ITEMS COMMUNICATIONS ADJOURNMENT TO NEXT MEETING - Wednesday, February 8, 2012 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). 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 City Council was posted and available for public review on January 19, 2012 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us If you would like to receive the Agenda’s via e-mail, please send your e-mail address to planning@saratoga.ca.us NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 3 CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, January 11, 2012 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL Commissioners – Chair Douglas Robertson, Vice-Chair Tina K. Walia, Mary-Lynne Bernald, Pragati Grover, Joyce Hlava, David Reis and Yan Zhao PLEDGE OF ALLEGIANCE MINUTES Action Minutes from the Regular Planning Commission Meeting of December 14, 2011 (Approved, 7:0) ORAL COMMUNICATION Any member of the Public will be allowed to address the Planning Commission for up to three 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. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF REPORT OF POSTING AGENDA Pursuant to the Government Code 54954.2, the agenda for this meeting was properly posted on January 5, 2012 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, pursuant to Municipal Code 15-90.050 (b). All interested persons may appear and be heard at the above time and place. Applicants/Appellants 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. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. PUBLIC HEARING 1. APPLICATIONS PDR10-0011, VAR11-0002 (503-26-032) Steve Yang / Ken Bahl 14362 Springer Avenue -Design Review approval to replace an existing one-story 950 square foot home with a new two- story home and basement. The proposed floor area of the new home is 1,605 square feet and the proposed lot coverage is 2,085 square feet. The applicant is requesting a variance for a one-car garage when a two- car garage is required and reduced setback. The lot is 3,454 square feet in area and the site is zoned R-1- 10,000. No protected trees are requested for removal. The applicant is requesting to continue this item to January 25, 2012. Cynthia McCormick, AICP) (Approved to be continued to January 25, 2012 meeting, 7:0) NEW BUSINESS DIRECTORS ITEM 4 COMMISSION ITEMS COMMUNICATIONS ADJOURNMENT TO NEXT MEETING – ADJOURNED 7:15 PM - Wednesday, January 25, 2012 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). POSTING Certificate of Posting of Agenda: I, Abby Ayende, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on January 5, 2012, at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us If you would like to receive the Agenda’s via e-mail, please send your e-mail address to planning@saratoga.ca.us NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 5 REPORT TO THE PLANNING COMMISSION Page 1 of 9 Application No.: PDR10-0011, VAR11-0002 Type of Application: Design Review and Variance application for a new home with a request for a one-car garage and reduced setbacks on a non-conforming lot Applicant/Owner: Steve Yang / Ken Bahl Staff Planner: Cynthia McCormick, AICP Meeting Date: January 25, 2012 Location / APN: 14362 Springer Avenue / 503-26-032 Department Head: James Lindsay 14362 Springer Avenue 6 Application No. PDR10-0011, VAR11-0002 / 14362 Springer Avenue EXECUTIVE SUMMARY ZONING: Single Family Residential R-1-10,000 GENERAL PLAN DESIGNATION: Medium Density Residential (M-10) MEASURE G: Not Applicable PARCEL SIZE: 3,454 square feet SLOPE: Relatively flat GRADING REQUIRED: 1 cubic yard of cut and 31 cubic yards of fill. This calculation does not include cut for the basement area. ENVIRONMENTAL DETERMINATION: The proposal is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 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 up to three single-family residences. PROJECT DESCRIPTION: The applicant is requesting Design Review approval for a new two-story home that includes a basement. The proposed floor area of the home is 1,605 square feet and the proposed lot coverage is 2,085 square feet. The applicant is requesting a variance for a one-car garage when a two-car garage is required and reduced setback. The lot is 3,454 square feet in area and the site is zoned R-1- 10,000. No protected trees are requested for removal. HISTORY AND PROPOSED CHANGES: On December 14, 2011, the Planning Commission continued the project to allow the applicant to make changes to the proposal, including simplifying the design and lowering the basement to reduce the height. The applicant has increased the second story setback to 21 feet for additional articulation; relocated the lightwell within rear yard setback; added a roof overhang for additional articulation; reduced the ridge height to 25 feet from natural grade and 23 feet 10 inches from finished grade; reduced the floor area on the second story; reduced the height of the basement windows; simplified the style of the façade by removing the wood timbering; and replaced the front yard pillars with a 3 foot high wrought iron post & fence. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve the Design Review, Variance for a one-car garage in lieu of a two-car garage, and variance for a front yard setback, with the required findings and conditions by adopting the attached Resolution. Page 2 of 9 7 Application No. PDR10-0011, VAR11-0002 / 14362 Springer Avenue PROJECT DATA: Site Area: 3,454 square feet Proposed Code Standard Floor Area First Floor 716 SF Per Planning Commission for lots < 5,000 SF Garage 260 SF Second Floor 645 SF Total Floor Area 1,621 SF Basement (not counted) 1,046 SF Site Coverage Residence and Garage: 931 SF 2,072 SF (60%) Drive/Walkways/Lightwells/Deck/Stairs/Pillars: 1,135 SF TOTAL Site Coverage 2,066 SF Proposed Code Standard Setbacks First Floor Second Floor First Floor Second Floor Front: 20’21’ 25’ 25’ Rear: ~22’ 25’ 20’ 25’ Left Side: 6’11’ 6’ 11’ Right Side: 6’11’ 6’ 11’ Height Height Maximum = 26 Feet Lowest Elevation Point: 98.95 Highest Elevation Point: 99.27 Average Elevation Point: 99.11 Topmost Point of roof: (25 Feet) 124.11 MATERIALS AND COLORS: The exterior finish would include neutral colors with wood doors and trim (see table). A colors and materials board is on file with the Community Development Department and will be available at the site visit and public hearing. Detail Colors and Materials Windows Metal Clad Wood Windows - Green Stain Front Door Wood - Green Stain Garage Door Wood – Green Stain Building Exterior  Smooth Cement Plaster – Beige Color Brick Veneer – Red Color Trim – Green Stain Roof Shingles – Light Brown Page 3 of 9 8 Application No. PDR10-0011, VAR11-0002 / 14362 Springer Avenue PROJECT DISCUSSION Site Description: The project is located on Springer Avenue, northeast of 4th Street, in the R-1- 10,000 zoning district. The existing home on this property was built in 1938 and the Wildwood Park tract it is located in pre-dates the City’s incorporation and subsequent zoning ordinance. The relatively flat lot is approximately 48 feet wide by 72 feet deep and 3,454 square feet in area while the current standard for the district is 85 feet wide by 115 feet deep and 10,000 square feet in area (see Table 2). Several of the properties in the neighborhood have substandard sized lots and the properties adjacent to the subject property on the southeastern side of Springer Avenue have substandard front setbacks (see Table 4). Furthermore, no garage currently exists on the property and several of the adjacent properties have a one-car garage (see Table 1). The site currently contains an existing one-story residence that will be demolished. HPC Review: On April 14, 2009, the Heritage Preservation Commission (HPC) visited the subject site and reviewed the Historical Evaluation Report for the property. The HPC determined that the subject property was not historic and should not be listed on the City’s Historic Resource Inventory and agreed that the existing house could be demolished. Project Description: The project is a 1,621 square foot two-story home with attached garage and 1,046 square foot basement. The design includes stucco exterior, steeply pitched gables, and brick accents. The proposed exterior colors are neutral tones including beige with grey and moss colored green trim. A cantilevered window on the front elevation is accented by a faux balcony which helps reduce the appearance of bulk as seen from the side elevations. A lack of balconies and small windows placed high on the second story reduce privacy impacts to adjacent neighbors. Garage Variance: The applicant is requesting a variance for a one-car garage in lieu of a two-car garage due to the size and dimensions of the lot. City Code Section 15-35.030(a) requires two covered spaces within a garage for single family dwellings. The existing house to be demolished does not have a garage. The minimum standard for a two-car garage is 19 feet wide and the minimum side setbacks on the subject lot are 6 feet per side, leaving 17 feet of width for the home’s façade. To meet the current code requirements, the face of the garage would represent over 55% of the entire façade of the home. Under the proposed variance, the 12 foot wide garage would represent approximately 33% of the façade, leaving approximately 24 feet in width for the home’s entry, living room, and interior stairs. The applicant has prepared an inventory of 19 lots surrounding the subject property (see attachment 8). Table 1 shows the lot size and garage type for the 10 properties fronting Springer Avenue between 4th Street and the north-east end of Wildwood Way. One of the 10 lots is not visible from the street and it is uncertain whether there is a garage on this property. Six of the 10 lots fronting Springer Avenue have a one-car garage. Thus, granting a variance for a one-car garage for the subject property would be consistent with other properties in the vicinity. Furthermore, a one-car garage is an improvement to the current situation where no garage exists. Likewise, staff does not anticipate that a one-car garage in lieu of a two-car garage would have a significant effect on traffic volume, traffic circulation, or interference with the free flow of traffic on the streets. The resolution of approval includes language for making the findings for the garage variance. Page 4 of 9 9 Application No. PDR10-0011, VAR11-0002 / 14362 Springer Avenue Table 1: Lot Size, Floor Area, and Garage Type Address *Lot Size *Floor Area / (FAR) Garage Type 14352 Springer Avenue 6,700 SF 1,200 SF (18%) 1-story 1 car attached 14361 Springer Avenue 4,800 SF 1,750 SF (36%) 2-story 1 car attached 14362 Springer Avenue 3,454 SF 950 SF (28%) 1-story No garage 14370 Springer Avenue 3,400 SF 1,100 SF (32%) 2-story 1 car attached 14378 Springer Avenue 3,300 SF 1,000 SF (33%) 1-story 1 car detached 14395 Wildwood Way (corner) 3,850 SF 1,400 SF (36%) 1½-story 1 car attached 14391 Springer Avenue (corner) 11,326 SF 1,800 SF (16%) 1-story ? not visible 14400 Springer Avenue (corner) 3,200 SF 1,200 SF (30%) 1-story 2 car attached 14371 Springer Avenue 14,000 SF 2,500 SF (18%) 1-story 2 car attached 14345 Springer Avenue 10,000 SF 2,400 SF (24%) 2-story 2 car attached *Lot sizes and floor areas are approximate Table 3: Recommended Setbacks Setbacks Proposed Staff Recommendation First Floor Second Floor First Floor Second Floor Front: 25’25’ 20’ 20’ Rear: 20’ 20’ 25’ 25’ Left Side: 6’11’ 6’ 11’ Right Side: 6’11’ 6’ 11’ Table 2: Lot Dimensions 14362 Springer Standard Lot Size 3,454 SF 10,000 Lot Width 48’ 85’ Lot Depth 72’ 115’ Setback Variance: City Code requires the same front setback for the first and second story. However, the side and rear second stories must be setback five feet greater than the first story (see Table 1). For non-conforming lots, the rear setback is 20% of the lot depth or at least 20 feet if the percentage based setback is less than 20 feet 1 . Thus, the required first and second story rear setbacks are 20 feet and 25 feet respectively. As proposed, the project would meet the required side and rear setbacks for both the first and second story, but would require a variance for a reduced front setback from 25 feet to 20 feet. The five feet represents 20% of the building envelope’s depth. A front yard setback variance is consistent with adjacent properties. The two most adjacent homes to the subject property on the south side of Springer have front setbacks ranging from approximately seven feet to ten feet, as shown in Table 4. Staff recommends the Planning Commission approve the variance for a front yard setback of 20 feet in lieu of 25 feet. The resolution of approval includes language for making the findings for a front setback variance. 1 20% of the lot width is 14.4 feet, which is less than the minimum standard of 20 feet. Page 5 of 9 10 Application No. PDR10-0011, VAR11-0002 / 14362 Springer Avenue Table 4: Front Setbacks of Adjacent Lots and Proposed Lot 14352 Springer Avenue 7’2” existing 14378 Springer Avenue 10’2” existing 14362 Springer Avenue 7’2” existing 14362 Springer Avenue 20’ proposed Basement: The proposal includes a basement with a lightwell at the rear of the home. The lightwell meets the requirement that the basement shall not be located within any required setback area and shall not be wider than four feet. Trees: No protected trees are requested for removal to construct the project. One sierra plum tree was inventoried by the City Arborist. A tree protection security deposit in the amount of $5,200 is required to ensure the protection of the tree. This project has clearance from the arborist to proceed with the conditions specified in the letter dated March 8, 2011 (attachment 4). Geotechnical Clearance: Geotechnical Clearance with conditions has been granted for the project based on review by the City Geotechnical Consultant and letter dated February 16, 2011 (attachment 5). Energy Efficiency: The applicant has completed a Build-it-Green checklist (attachment 7). As proposed, the project would receive 50 Greenpoints, as required by City Code. Green features include energy efficient appliances and fixtures. Neighbor Correspondence: A “Notice of Public Hearing” was sent to all property owners within 500 feet of the subject property (attachment 2). The applicant has also shown the proposed plans to neighbors as indicated in the attached neighbor notification forms (Attachment 3). The public hearing notice and description of the project was also published in the Saratoga News. One neighbor had concerns about the proposed height of the home and its impact on light access to their home and garden. The applicant has lowered the height of the home by one foot from natural grade and over two feet from finished grade. Page A-8.2 of the development plans provides a streetscape perspective to illustrate the difference in height of the two properties. FINDINGS Design Review Findings: The findings required for issuance of a Design Review Approval pursuant to City Code Section Article 15-45.080 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (a) The project avoids unreasonable interference with views and privacy. For the following reasons, the height, elevations and placement on the site of the proposed main and/or accessory structure, when considered with reference to: (1) the nature and location of residential structures on adjacent lots and within the neighborhoods; and (2) community view sheds, will avoid Page 6 of 9 11 Application No. PDR10-0011, VAR11-0002 / 14362 Springer Avenue unreasonable interference with views and privacy. The maximum height of the proposed two- story dwelling is 25 feet as allowed by City Code. The second story windows are relatively small and placed high to reduce privacy impacts to abutting neighbors. Given the substandard dimensions of the lot, the position of existing structures on adjacent properties, and the position of the existing residence to be replaced, the proposed setbacks would avoid unreasonable interference with views and privacy. (b) The project preserves the natural landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimized and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas. No protected trees are proposed for removal. One (1) ordinance-protected tree could potentially be affected by the Project; however, as conditioned the project complies with the requirements for the setback of new construction from the protected tree. (c) The project preserves native and heritage trees. All heritage trees (as defined in Section 15- 50.020(l)) will be preserved. The proposed Project is not requesting removal of Native and/or Heritage Trees. In addition, the Project, as conditioned, would not impact Native and/or Heritage Trees. (d) The project minimizes the perception of excessive bulk. The proposed main or accessory structure in relation to structures on adjacent lots, and to the surrounding region, will minimize the perception of excessive bulk and will be integrated into the natural environment in that the applicant is proposing a neutral color pallet for the exterior building, window trim and roofing materials to integrate with the natural environment. Varying rooflines help minimize the perception of excessive bulk in relation to structures on adjacent lots and in the surrounding region. (e) The project is of compatible bulk and height. The proposed main or accessory structure will be compatible in terms of bulk and height with (1) existing two-story residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (2) the natural environment; and shall not (1) unreasonably impair the light and air of adjacent properties nor (2) unreasonably impair the ability of adjacent properties to utilize solar energy. The homes to the rear, right side, and directly across the street are two-story homes. The single story home on the left side of the property is located on a much larger lot than the subject property and has the benefit of a corner lot to access additional light and air. (f) The project uses current grading and erosion control methods. The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. The building site is relatively flat and the Project is conditioned to conform to the City’s current grading and erosion control standards and comply with applicable NPDES Standards. The Project is also conditioned to require detention of stormwater on site. (g) The project follows appropriate design policies and techniques. The proposed main or accessory structure will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook as required by Section 15-45.055. The proposed Page 7 of 9 12 Application No. PDR10-0011, VAR11-0002 / 14362 Springer Avenue Project has been reviewed by staff and determined to conform to all of the applicable design policies and techniques in the Residential Design Handbook, including for example using architectural features to break up massing, using natural materials and colors, and designing second story windows to minimize privacy impacts. Variance Findings: Pursuant to City Code Section 15-70.060, the Planning Commission is empowered to grant variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships that would result from a strict or literal interpretation and enforcement of certain zoning regulations. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon. The Applicant has met the burden of proof required to support the application for a variance as set forth below. (a) That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. The property is located in a neighborhood that pre-dates the City’s incorporation and subsequent zoning ordinance. Many of the lots in the vicinity are below the minimum standard for the zoning district in terms of lot size, width, and depth, as described in subsection (b), below. Accordingly, many of the homes fronting Springer Avenue have a one-car garage and adjacent properties on the southeastern side of Springer Avenue have substandard front setbacks. Likewise, the existing home on the subject property is located approximately seven feet from the front property line and does not have a garage. Given these special circumstances, strict enforcement of the two-car garage requirement and front setback requirement would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and the R-1-10,000 zoning district. (b) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. The standard dimensions for a lot in the R-1-10,000 zoning district are a minimum 85 feet wide by 115 feet deep and a minimum 10,000 square feet in area. The subject lot is approximately 48 feet wide by 72 feet deep and 3,454 square feet in area. The subject lot is smaller than many of the lots in the immediate vicinity and much smaller than standard lots in the R-1-10,000 zoning district. Several of the adjacent properties have reduced front setbacks and/or reduced sized garages. Thus, the granting of a variance for a one-car garage in lieu of a two-car garage and a reduced front setback would not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the R-1-10,000 zoning district. (c) That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed home meets the required setbacks for the first floor and second floor side setbacks where the closest proximity to nearby residences exists. The property to the rear of the subject property is more than double the size of the subject property and is adequately screened from the subject property by mature trees and landscaping. Furthermore, the homes (existing and Page 8 of 9 13 Application No. PDR10-0011, VAR11-0002 / 14362 Springer Avenue Page 9 of 9 proposed) on each of these properties are situated such that a reduced front yard setback would not have detrimental impacts to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. As for the variance for a one-car garage in lieu of a two-car garage, currently, the home on the subject property does not have a garage. The home has existed in this neighborhood without a garage since 1938. No known public health or safety concerns have been brought forward due the lack of a garage and no future impacts are anticipated. The addition of a one-car garage to the property will be an improvement over the current situation in the neighborhood. (d) That strict enforcement of the specified regulation is not required by either present or anticipated future traffic volume or traffic circulation on the site. The current home has existed in this neighborhood without a garage since 1938 without any known impacts on traffic volume or circulation. Thus, the addition of a one-car garage to the property should improve traffic volume and circulation in the neighborhood. (e) That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets. The current home has existed in this neighborhood without a garage since 1938 without any known impacts on the parking or loading of vehicles on public streets. Thus, the addition of a one-car garage to the property should improve the free flow of traffic on the streets. ATTACHMENTS: 1. Resolution 2. Public hearing notice and mailing addresses 3. Neighbor Notification Forms (submitted by applicant) 4. Arborist Report (dated March 8, 2011) 5. Geotechnical Review (dated February 16, 2011) 6. Fire Department Review (dated July 7, 2010) 7. GreenPoint Checklist (prepared by applicant) 8. Variance supporting information (submitted by applicant) 9. Reduced Plans (Exhibit A) 10. Color Board (Exhibit B) 14   RESOLUTION NO. 11-029 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING DESIGN REVIEW & VARIANCE NO. PDR10-0011 & VAR11-0002, LOCATED AT 14362 SPRINGER AVENUE WHEREAS, on June 22, 2010, an application was submitted by Amit Bahl., requesting to replace an existing one-story home with a new two-story home located at 14362 Springer Avenue. The property is located within the R-1-10,000 Zoning District (APN 503-26-032); and WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine this project exempt. WHEREAS, on January 25, 2012, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. Section 3: The project is consistent with Saratoga General Plan 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; Open Space Element Policy 11.a which provides that the City shall ensure that projects are designed in a manner that minimizes disruption to important wildlife, riparian and plant habitats; and 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. 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 avoids unreasonable interference with views and privacy; preserves the natural landscape, native and heritage trees; minimizes the perception of excessive bulk and is of compatible bulk and height; uses current grading and erosion control methods; and follows appropriate design policies and techniques.   15 Resolution No. 11-029  Page 2    Section 5: The project meets the burden of proof required to support the variance due to special circumstances applicable to the property that would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity. The granting of the variance will not  be detrimental to the public health, safety or welfare, or materially injurious to properties  or improvements in the vicinity and will not result in a significant impact on traffic volume  or traffic circulation on the site, or interfere with the free flow of traffic on the streets.   Section 6: The City of Saratoga Planning Commission hereby approves PDR10-0011 & VAR11-0002, located at 14362 Springer Avenue 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 25th day of January 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Douglas R. Robertson Chair, Planning Com      mission 16 Resolution No. 11-029  Page 3    EXHIBIT 1 CONDITIONS OF APPROVAL DESIGN REVIEW & VARIANCE NO. PDR10-0011 & VAR11-0002, 14362 SPRINGER AVENUE (APN: 503-26-032)    GENERAL 1. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner’s successors in interest for such time period. No zoning clearance, or demolition, grading, or building permit for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent or other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s Office in form and content acceptable to the community development director. 2. If a condition is not “permanent” or does not have a term specified, it shall remain in effect until the issuance by the city of Saratoga of a certificate of occupancy or its equivalent. 3. Conditions may be modified only by the planning commission unless modification is expressly otherwise allowed by the city code including but not limited to sections 15-80.120 and/or 16-05.035, as applicable. 4. The Community Development Director shall mail to the Owner and Applicant a notice in writing, on or after the time the Resolution granting this Approval is duly executed by the City, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the Community Development Director certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 5. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or the Design Review Approval will expire unless extended in accordance with the City Code. 6. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. 7. Prior to issuance of any Demolition, Grading, or Building Permit to implement this Design Review Approval the Owner or Applicant shall obtain a “Zoning Clearance” from the Community Development Director by submitting final plans for the requested permit to the Community Development Department for review to ascertain compliance with the requirements of this Resolution. 17 Resolution No. 11-029  Page 4    8. Agreement to Indemnify, Hold Harmless and Defend City as to Action Challenging Approval of Application and as to Damage from Performance of Work Authorized by Design Review Approval. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance from the Community Development Director, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval as to form and content by the Community Development Director. COMMUNITY DEVELOPMENT 9. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans for the Project shown in Exhibit "A" and the Color Board denominated Exhibit “B” date stamped January 17, 2012 each incorporated by this reference. 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 A.3, above. 10. 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 Community Development Department Director or designee 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. B.1 above; b. This signed and dated Resolution printed collectively onto a separate construction plan page; c. City Arborist Report dated March 8, 2011 printed collectively onto a separate construction plan page; d. 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; 18 Resolution No. 11-029  Page 5    e. The site plan shall contain a note with the following language: “Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks comply with the Approved Plans,” which note shall represent a condition which must be satisfied to remain in compliance with this Design Review Approval; f. A boundary survey, wet-stamped and wet-signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying. The stamp shall reflect a current license for the land surveyor/engineer, the document shall be labeled “Boundary Survey,” and the document shall not contain any disclaimers; g. A final utility plan that shows location of HVAC mechanical equipment outside of required setback areas; h. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined with the Stormwater Detention Plan, as described below; i. A final Landscape and Irrigation Plan, as described below; and j. All additional drawings, plans, maps, reports, and/or materials required by the Community Development Department. 11. Landscape and Irrigation Plan. The Landscape and Irrigation Plan required by City Code Section 15-45.070(a)(9) shall be designed to the maximum extent reasonably feasible to: a. utilize efficient irrigation (where irrigation is necessary), to eliminate or reduce runoff, to promote surface infiltration, and to minimize use of fertilizers and pesticides that have the potential to contribute to water pollution; b. treat stormwater and irrigation 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 prolonged exposure to water shall be specified in the Plan, installed and maintained; c. be comprised of pest resistant landscaping plants throughout the landscaped area, especially along any hardscape area; d. be comprised of plant materials selected to 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; e. protect the roots of Ordinance-protected trees from any proposed or required undergrounding of utilities; f. retain and incorporate existing native trees, shrubs, and ground cover into the Plan; and g. comply with Section 16-75.030 of the City Code to the extent applicable. 12. Stormwater. Disposition and treatment of stormwater shall comply with the applicable requirements of the National Pollution Discharge Elimination System ("NPDES") Permit issued to the City of Saratoga and the implementation standards established by the Santa Clara Valley Urban Runoff Pollution Prevention Program (collectively the “NPDES Permit Standards”). Prior to issuance of Zoning Clearance for a Demolition, Grading or Building Permit for this Project, a Stormwater Detention Plan shall be submitted to the Community Development Director for review and approval demonstrating how all storm water will be 19 Resolution No. 11-029  Page 6    detained on-site and in compliance with the NPDES Permit Standards. If not all stormwater can be detained on-site due to topographic, soils or other constraints, and if complete detention is not otherwise required by the NPDES Permit Standards, the Project shall be designed to detain on-site the maximum reasonably feasible amount of stormwater and to direct all excess stormwater away from adjoining property and toward stormwater drains, drainageways, streets or road right-of- ways and otherwise comply with the NPDES Permit Standards and applicable City Codes. 13. GreenPoint Requirement. Prior to issuance of a building permit, the applicant shall submit verification by a certified green building rater that the dwelling design qualifies for a minimum score of fifty points under the GreenPoint rating system. 14. Front yard landscaping. Front yard landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Director for 150% of the estimated cost of the installation of such landscaping shall be provided to the City. 15. Landscape maintenance. Landscaped areas shall be watered, weeded, pruned, fertilized, sprayed or otherwise maintained by the Owner. 16. Basement/Lightwell. The basement and any associated lightwell(s) or stairs shall meet the requirements set forth in the City’s Municipal Code and California Building Code. 17. Wood-burning fireplace limitation. A maximum of one wood-burning fireplace is permitted per habitable structure (e.g., main house or guest house). All other fireplaces shall be gas burning. 18. Fences. Fences and walls shall comply with City Code Chapter 15-29. 19. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties. 20. Plumbing. All plumbing fixtures or irrigation systems shall be water conserving and otherwise comply with City Code Section 16-75.030. 21. Construction truck routes. Construction trucks shall only use designated truck routes. 22. Noise limitations during construction. The noise level at any point twenty-five feet from the source of noise shall not exceed 83 dBA during residential construction, and residential construction, alteration or repair activities which are authorized by a valid City permit, or do not require the issuance of a City permit, may be conducted only between the hours of 7:30 A.M. and 6:00 P.M. Monday through Friday and between the hours of 9:00 A.M. and 5:00 P.M. on Saturday. Residential construction shall be prohibited on Sunday and weekday holidays, with the exception of that construction, alteration or repair activities which are authorized by a valid City permit and which do not exceed fifty percent of the existing main or accessory structure may be conducted between the hours of 9:00 A.M. and 5:00 P.M. on Sunday and weekday holidays. A notice of applicable construction hour restrictions shall be 20 Resolution No. 11-029  Page 7    posted conspicuously on site at all times for all exterior residential construction activity requiring a City permit. 23. 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. CITY ARBORIST. 24. Compliance with Tree Regulations and City Arborist Reports. All requirements in the City Arborist Report dated March 8, 2011 are hereby adopted as conditions of approval and shall be implemented as part of the Approved Plans. This includes, but is not limited to, the following standard conditions of approval: a. Tree Protection Security Deposit. A Tree Protection security deposit in the amount of $5,200, which is equal to 100% of the appraised value of tree #1, is required. Owner shall obtain, and file with the Community Development Director, the required security deposit prior to the receipt of building permits. The security deposit may be in the form of a savings account, a certificate of deposit account or a bond. b. Release of Tree Bond. Prior to the City’s inspection for final approval of the completed Project, the City Arborist shall inspect the site to verify compliance with all conditions of approval related to trees. The Tree Bond required above shall be released after the planting of required replacement trees, a site inspection by the City Arborist finding compliance with all tree-related conditions contained in this Resolution, and payment of any outstanding City Arborist fees. PUBLIC WORKS 25. Encroachment Permit. Applicant shall obtain an encroachment permit for any and all improvements in any City right-of-way prior to commencement of the work to implement this Design Review Approval. 26. Other Improvements. Applicant shall make other improvements reasonably related to the impacts of the Project as requested by the City Public Works Department. 27. Geotechnical Clearance. All requirements in the Geotechnical Clearance memorandum dated February 17, 2011 are hereby adopted as conditions of approval and shall be implemented as part of the Approved Plans. FIRE SAFETY OR FIRE AGENCY REQUIREMENTS Fire Agency Conditions. Applicant shall comply with all Fire Agency conditions as specified n Fire Department Review Letter dated July 7, 2010. i     21 CITY OF SARATOGA Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1222 NOTICE OF PUBLIC HEARING The City of Saratoga’s Planning Commission announces the following public hearing on: Wednesday, December 14th 2011 at 7:00 p.m. The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. A site visit will also be held by the Planning Commission at the subject property. Please contact the Planning Department for the date and time of the site visit. The public hearing agenda item is stated below. Details of this item are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding Friday office closures. APPLICATION #: PDR10-0011 & VAR11-0002 APPLICANT: Steve Yang ADDRESS / APN: 14362 Springer Avenue / 503-26-032 PROJECT DESCRIPTION: The applicant is requesting Design Review approval for a new two-story home and basement. The proposed floor area of the home is 1,605 square feet and the proposed lot coverage is 2,085 square feet. The applicant is requesting a variance for a one-car garage and reduced setback for the second story. The lot is 3,454 square feet in area and the site is zoned R-1-10,000. No trees are requested for removal. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission, you may be limited to raising only those issues you or someone else raised at the Public Hearing. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor’s office annually, in preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Cynthia McCormick Assistant Planner (408) 868-1230 22 23 24 25 26 27 Page 1 of 3 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REPORT Application #:ARB10-0031 Prepared by Kate Bear, City Arborist 14362 Springer Avenue Phone: (408) 868-1276 Owner: Amit Bahl Email: kbear@saratoga.ca.us APN 503-26-032 Report History: #1 Date: August 5, 2010 #2 replaces report #1 March 8, 2011 INTRODUCTION The applicant has submitted revised plans to remove a single story house and build a new two story house with underground garage. No trees are requested for removal to construct the project. This project has clearance from the arborist to proceed with the conidtions specified below. SITE VISIT, PLAN REVIEW AND TECHNICAL DISCUSSION Plans submitted for this project were prepared by Steve Yang & Associates and dated June 1, 2010. Plan sheets reviewed for this report include Sheet A-1, Cover Sheet; Sheet A-2, Site Plan; Sheets A-3 and A-4, Floor Plans; Sheets A-5 and A-6, Elevations; Sheet A-7, Sections; and Sheets L-1 through L-3, Landscape Plans. L C Engineering prepared civil drawings for the project. Sheet C1, Grading and Drainage and Sheet C2, Building Sections were reviewed for this report. No Topographic or Boundary Survey was provided for review. One sierra plum tree (#1), protected by City ordinance and potentially impacted by construction, was inventoried for this report. Data for this tree is included in the table below and its location was marked on the attached copy of the Site Plan. Species Trunk Diameter Canopy Spread Health Structure Site Contri- bution Place- ment Appraised value Sierra plum Prunus subcordata 10.7, 13.5 15 ft. 50 40 80 40 40 $5,200 Species rating = 50% Tree replacement values: 15 gallon = $150 24 inch box = $500 36 inch box = $1,500 48 inch box = $5,000 52 inch box = 7,000 72 inch box = $15,000 28 14362 Springer Avenue Page 2 of 3 The appraised value was calculated using the Trunk Formula Method and according to the Guide for Plant Appraisal, 9th Edition, published by the International Society of Arboriculture (ISA), 2000, in conjunction with the Species Classification and Group Assignment published by the Western Chapter of the ISA, 2004. This tree is in fair condition and has a moderate suitability for preservation. Per City Ordinance 15-50.080, a Tree Protection security deposit in the amount of $5,200, which is equal to 100% of the appraised value of tree #1, is required. Owner shall obtain, and file with the Community Development Director, the required security deposit prior to the receipt of building permits. The security deposit may be in the form of a savings account, a certificate of deposit account or a bond. The fence/wall around the back yard is only about 2 feet from the sierra plum inventoried for this report. No foundation detail has been provided. In order to protect tree #1, a discontinuous foundation must be used within 15 feet of the tree. The fence should be constructed using piers within 15 feet of the tree, and holes for the piers should be hand dug for the first 2 feet. If roots measuring 2 inches or greater are found, they are to be retained and the hole for the footing relocated to avoid the roots. Roots measuring less than two inches in diameter may be cut using a sharp pruning tool. FINDINGS Based on a review of information provided, and as conditioned, the project complies with the requirements for the setback of new construction from existing trees under Section 15-50.120. The stucco wall around the perimeter must be constructed using piers where it is within 15 feet of tree #1. Holes for the piers are to be hand dug to adequately protect the tree. REQUIREMENTS 1. This entire report, including the map showing locations of tree and protective fencing, shall be incorporated into the final set of plans and titled “Tree Preservation”. The report dated August 5, 2010 does not need to be included in the final set of plans. 2. No protected tree authorized for removal, pruning or encroachment pursuant to this project may be removed, pruned or encroached upon, until the issuance of the applicable permit from the building division for the approved project. If no building permit is required for this project, applicant shall obtain a no-fee tree removal/pruning/encroachment for the project. 3. Tree protective fencing shall be installed as shown on the attached map and established prior to the arrival of construction equipment or materials on site. It shall be comprised of six-foot high chain link fencing mounted on eight-foot tall, 1 7/8-inch diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10 feet apart. Once established, the fencing must remain undisturbed and be maintained throughout the construction process until final inspection. Call City Arborist, Kate Bear at (408) 868-1276 for an inspection after the fence has been installed. This is required prior to obtaining building division permits. 4. No trees are requested or approved for removal to construct this project. 29 14362 Springer Avenue Page 3 of 3 5. Owner shall obtain, and file with the Community Development Director, a Tree Protection security deposit in the amount of $5,200 (for tree #1), prior to obtaining building division permits. The security deposit shall remain in place for the duration of construction of the project to ensure the protection of the trees. Once the project has been completed, inspected and approved by the City Arborist, the bond will be released. 6. Excavation for new utilities, if they are intended as part of the project, is not permitted under tree canopies. Utilities include, but are not limited to, electrical, drainage, water, sewer, gas and irrigation for landscaping. 7. The stucco wall shall be constructed using a discontinuous foundation with piers where it is within 15 feet of tree #1. Holes for the piers shall be hand dug for the first two feet. If roots measuring 2 inches or greater in diameter are encountered, they shall be retained and worked around, and the hole for the footing shall be relocated to miss the root. Roots measuring less than 2 inches in diameter may be cut using a sharp pruning tool. 8. Unless otherwise approved, all construction activities must be conducted outside the designated fenced area (even after fencing is removed). 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. 9. Any permitted pruning or root pruning of trees on site must be performed by a state licensed tree contractor under the supervision of an ISA Certified Arborist and according to ISA standards. 10. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited under tree canopies or anywhere on site that allows drainage to areas under tree canopies. Herbicides shall not be applied under tree canopies. 11. New landscape shall be designed and installed as follows: a. Design irrigation so that it does not spray trunks of trees. b. Locate valve boxes and controllers outside of tree canopies. c. Locate lateral lines outside of tree canopies. d. No more than 20% of the area under the tree canopies may be planted. Select plants with similar water requirements to the trees under which they will be placed. e. Design lawns so that there is room between them and the trunk of any tree; confine lawn areas to the outside 20% of the area under the canopy. f. Place mulch at least one foot from the trunks of trees. Attachment: Map showing tree locations and tree protective fencing 30 14362 Springer Avenue Legend Tree Protective Fencing Tree Canopy 1 31 Memorandum of Geotechnical Clearance Conditions App # GEO10-0010 Page 1 of 2 MEMORANDUM TO: Cynthia McCormick, Project Planner, Community Development Department CC: Amit Bahl, Owner / Steve Yang, Applicant FROM: Iveta Harvancik, Senior Engineer SUBJECT: Geotechnical Clearance Conditions for GEO10-0010 at 14362 Springer Avenue DATE: February 17, 2011 1. The applicant’s geotechnical consultant shall review and approve all geotechnical aspects of the project grading and construction plans (i.e., site preparation and grading, site drainage improvements, and design parameters for foundations) to ensure that their recommendations have been properly incorporated. The consultant shall review and approve all geotechnical aspects of temporary shoring designs for basement excavations and provide supplemental recommendations, as necessary. The consultant shall evaluate the design and placement of discharge points for roof downspouts and sump pump discharge. Adequate lateral separation distance between discharge points and basement wall backdrain systems should be considered. The results of the plan review shall be summarized by the geotechnical consultant in a letter and submitted to the City Engineer for review along with other documents for building permit plan-check. 2. The geotechnical consultant 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, and site surface and subsurface drainage improvements. The consultant shall perform an 32 Memorandum of Geotechnical Clearance Conditions App # GEO10-0010 Page 2 of 2 inspection of completed drainage improvements around the residence to verify conformance with geotechnical standards. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the City Engineer for review 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. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 REPORT TO THE PLANNING COMMISSION Meeting Date: January 25, 2012 Application Type / No: Design Review / PDR11-0012 Location: 14545 Fruitvale Ave. Owner / Applicant: Dang / Ha Staff Planner: Michael Fossati APN: 397-17-070 Department Head: James Lindsay 14545 Fruitvale Avenue 90 Application No. PDR11-0012 / 14545 Fruitvale Ave. EXECUTIVE SUMMARY ZONING: R1-40,000 (Single-Family Residential) GENERAL PLAN DESIGNATION: RVLD (Very Low Density Residential) MEASURE G: Not applicable PARCEL SIZE: 1.75 acres (net) AVERAGE SITE SLOPE: 2.7% GRADING REQUIRED: Approximately 10 cubic yards of cut and fill PROJECT DESCRIPTION: The applicant requests Design Review approval to replace an existing one-story, single family residence, detached garage, guest house, and barn, with a proposed two-story, single- family residence and attached garage located at 14545 Fruitvale Avenue. The total floor area of the existing structures is approximately 5,100 sq. ft. The proposed new residence has a total floor area of 6,728 sq. ft. The height of the existing residence is approximately 21.25 feet. The height of the proposed residence is approximately 25.5 feet. Along with the construction of the project, four protected trees (one cork oak, one silver wattle, and two black walnuts) are proposed to be removed. The applicant has received clearance from the City Arborist to remove the trees, with the condition that the applicant plant new trees equal to the appraised value of the existing removed trees. Design Review approval is required pursuant to Saratoga Municipal Code Section 15- 45.060. The site is approximately 1.75 acres and is located within the R-1-40,000 zoning district. STAFF RECOMMENDATION: Staff recommends the Planning Commission find the project exempt from CEQA and approves the Design Review by adopting the attached resolutions. Staff is not recommending any permanent conditions of approval. 2 91 Application No. PDR11-0012 / 14545 Fruitvale Ave. STAFF ANALYSIS ENVIRONMENTAL DETERMINATION: The proposed new single-family residence 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 on one single family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single- family residences may be constructed and covered under this exemption. DECEMBER 14, 2011 PC MEETING: An application for Design Review approval for the new two-story, single-family residence was initially reviewed by Planning Commission on December 14, 2010. A full summary of the project can be seen in initial staff report (Attachment 2). After reviewing the initial project, Planning Commission had concerns about certain portions of the project. Those concerns include the following: • Width and mass of proposed design as seen from Fruitvale Avenue. • Barrel tile concrete roof too imposing and massive. • Balcony style and design inconsistent other elements of the residence. • Exterior materials and design inconsistent with neighboring residences. The Planning Commission recommended the applicant redesign the project taking these concerns into account and continued the public hearing on the design review application to January 25th. JANUARY 11, 2012 STUDY SESSION: The applicant acknowledged the recommendations and resubmitted a design for the January 12th Study Session. The following items were discussed: • The width of the main residence was decreased from approximately 129 ft to 119 ft (approximately 9 ½ ft) with the removal of one of the carport bays. • The proposed barrel tile roof was replaced by a flat concrete tile roof. • The color and materials of the rear balcony (1st and 2nd story) now match with the front porch balcony. • The applicant argued that the stucco exterior, stone veneer wainscoting, and concrete flat tile roof provide greater consistency with the neighboring properties. The proposed colors After the study session, the Planning Commission informed the applicant that progress had been made, but some additional comments had arisen. Those comments are as follows: 3 92 Application No. PDR11-0012 / 14545 Fruitvale Ave. • Provide Planning Commission with an option of colors for the exterior wall and trim of the proposed residence. • Provide Planning Commission with an option of landscape screening for certain portions of the north property line. • Provide reassurance that the proposed carport will not be enclosed at a later date. JANUARY 22, 2012 PC MEETING: The applicant acknowledged the comments of the Study Session and has provided the following: • A new material board has been submitted with four color options for the exterior wall and trim (Attachment 7). Each option is a natural color, in shades of brown, beige or white. Staff will bring the material board to the site visit and public hearing for Planning Commission review. • The applicant has proposed the addition of two feet of lattice along the fence which borders the property at 14451 Fruitvale Avenue as well as plant either one of the two species of screening trees, discussed below, within the view triangle of the northern property line. • Arbutus ‘Marina” – “Marina Strawberry Tree”. This evergreen tree is said to become a large tree, growing to 50 ft. tall with a broad dense crown. The size of the planting would be 24” box. • Lophostemon confertus – “Brisbane Box”. This is said to be an upright, evergreen tree that grows 40(+) feet tall in cultivation and up to 60-70 feet tall in nature. A Brisbane box is a moderate to fast growing tree which produces a dense symmetrical rounded head with large glossy lance-shaped leaves. The size of the planting would be 24” box. • The applicant has maxed out their allowable floor area with the proposed design. Staff has also added a permanent condition to not allow enclosure of the proposed carport. FINDINGS Design Review: (a) The project avoids unreasonable interference with views and privacy. The project has been designed in a manner that minimizes interference with neighboring views and privacy by proposing the following: a. Locating the new residence within the center of the subject property to allow more privacy from adjacent properties. 4 93 Application No. PDR11-0012 / 14545 Fruitvale Ave. b. Proposing the planting of new evergreen trees while maintaining existing mature landscaping along the north, west, and south property lines. c. Continuing the existing character of the surrounding neighborhood by proposing a new residence that exceeds the allowable setbacks. d. Utilizing the established, well-matured landscaping to continue the buffer of privacy screening of adjacent properties. e. Proposing a hip roof plan that is less massive and consistent with properties in the existing neighborhood. As discussed above, the finding can be made in the affirmative. (b) The project preserves the natural landscape. The property is located in an suburban area with limited mature vegetation. By citing the building footprint in the center of the lot, the applicants can afford to maintain the majority of mature trees along the property lines and preserve the existing natural vegetation. This finding can be made in the affirmative. (c) The project preserves native and heritage trees. The proposed project is consistent with this finding in that no native or heritage trees will be removed from the site. Furthermore, the applicant has designed the project to preserve one existing coast live oak along the northeast property line and three oaks (one coast live and two valley) located along the southern property line. This finding can be made in the affirmative. (d) The project minimizes the perception of excessive bulk. The project meets this finding in that the proposed new construction has been designed and properly situated within the center of the lot. The project uses varying rooflines through changes in height and form. The elevations have been soften by the using different materials such as stucco and stacked stone veneer. This finding can be made in the affirmative. (e) The project is of compatible bulk and height. The project meets this finding in that the proposed new construction has been designed to continue the character and suburban nature of the existing neighborhood. The appearance and size of the new residence will continue the single-family residential character of the existing homes in the surrounding area. The project has incorporated materials that blend with the natural environment. This finding can be made in the affirmative. (f) The project uses current grading and erosion control methods. The project meets this finding in that the proposed new construction will incorporate current grading, erosion control and stormwater pollution prevention conditions the City adheres too. Grading and erosion will be limited due to the relative flatness of the lot. This finding can be made in the affirmative. 5 94 Application No. PDR11-0012 / 14545 Fruitvale Ave. 6 (g) The project follows appropriate design policies and techniques. The project meets this finding in that it will utilize the following: a. The proposed project is compatible in terms of proportion, size, mass and height with neighboring properties. b. The use of natural, earthtone materials and colors allow the project to blend in with the suburban environment. c. Avoid interference with privacy appropriate landscaping and exceeding setback requirements. d. The proposed project has been designed for energy efficiency by utilizing drought tolerant plantings, high-efficiency irrigation, low-VOC paints and finishes, and energy-efficient appliances and fixtures. STAFF RECOMMENDATION Staff recommends the Planning Commission find this Application exempt from CEQA and approves the application for Design Review by adopting the attached Resolution. ATTACHMENTS: 1. Resolution of Approval – 14545 Fruitvale Ave 2. Staff Report (dated 12/14/11) – 14545 Fruitvale Avenue 3. HPC Approval Letter – 14545 Fruitvale Ave 4. Arborist Report – 14545 Fruitvale Ave 5. Neighbor Notification Forms 6. Affidavit of mailing notices, public hearing notice, and copy of mailing labels for project notification. 7. Build-it-Green – GreenPoint Checklist 8. Photo and Color Board (with 4 options of colors) 9. Reduced Plans, Exhibit "A.” 95 RESOLUTION NO. 11-031 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING A NEW TWO-STORY, SINGLE-FAMILY RESIDENCE AND ATTACHED GARAGE, NO. PDR11-0012, LOCATED AT 14545 FRUITVALE AVENUE WHEREAS, on April 15, 2011 an application was submitted by Grace Yu and John Ha, requesting Design Review approval to demolish an existing one-story, single family residence, detached garage, guest house, and barn, with the proposed construction of a new two-story, single-family residence and attached garage located at 14545 Fruitvale Avenue. The proposed new residence has a total floor area of 6,728 sq. ft. The height of the proposed residence is approximately 25.5 feet. The property is located within the R-1-40,000 Zoning District (APN 397-17-070); and WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine this project exempt. WHEREAS, on January 25, 2012, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. Section 3: The project is consistent with the Saratoga General Plan Policies LU 1.1 in that the City shall continue to be predominately a community of single-family detached residences and LU 1.2 to continue to review all residential development proposals to ensure consistency with Land Use Element goals and Policies. 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 avoids unreasonable interference with views and privacy; preserves the natural landscape, native and heritage trees; minimizes the perception of excessive bulk and is of compatible bulk and height; 96 Resolution No. 11‐031    Page 2    uses current grading and erosion control methods; and follows appropriate design policies and techniques. Section 5: The City of Saratoga Planning Commission hereby approves PDR11-0012, located at 14545 Fruitvale Avenue, 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 25th day of January 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Douglas R. Robertson Chair, Planning Commission   97 Resolution No. 11‐031    Page 3      EXHIBIT 1   CONDITIONS OF APPROVAL DESIGN REVIEW NO. PDR11-0012 14545 FRUITVALE AVENUE (APN: 397-17-070) GENERAL 1. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner’s successors in interest for such time period. No zoning clearance, or demolition, grading for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent of other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content to the Community Development Director. 2. If a condition is not “Permanent” or does not have a term specified, it shall remain in effect until the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent. 3. Conditions may be modified only by the Planning Commission unless modification is expressly otherwise allowed by the City Code including but not limited to Sections 15- 80.120 and/or 16-05.035, as applicable. 4. The City will mail to the Owner and Applicant a notice in writing, on or 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). 5. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or the Design Review Approval will expire unless extended in accordance with the City Code. 6. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. 98 Resolution No. 11‐031    Page 4    7. Prior to issuance of any Demolition, Grading, or Building Permit to implement this Design Review Approval the Owner or Applicant shall obtain a “Zoning Clearance” by submitting final plans for the requested permit to City for review to ascertain compliance with the requirements of this Resolution. 8. 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. COMMUNITY DEVELOPMENT 9. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated January 5th, 2012, 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 A.3, above. 10. Downgrading of Materials. No downgrading in the exterior appearance of the proposed residence will be approved by Staff. Downgrades may include, but are not limited to garage doors, architectural detailing, stonework, columns, shutters, driveway materials, etc. Any exterior changes to approved plans may require filing an additional application and fees for approval of modification by the Planning Commission 11. Stormwater. Disposition and treatment of stormwater shall comply with the applicable requirements of the National Pollution Discharge Elimination System ("NPDES") Permit issued to the City of Saratoga and the implementation standards established by the Santa Clara Valley Urban Runoff Pollution Prevention Program (collectively the “NPDES Permit Standards”). Prior to issuance of Zoning Clearance for a Demolition, Grading or Building Permit for this Project, a Stormwater Detention Plan shall be submitted to the Community Development Director for review and approval demonstrating how all storm water will be detained on-site and in compliance with the NPDES Permit Standards. If not all stormwater can be detained on-site due to topographic, soils or other constraints, and if complete 99 Resolution No. 11‐031    Page 5    detention is not otherwise required by the NPDES Permit Standards, the Project shall be designed to detain on-site the maximum reasonably feasible amount of stormwater and to direct all excess stormwater away from adjoining property and toward stormwater drains, drainage ways, streets or road right-of- ways and otherwise comply with the NPDES Permit Standards and applicable City Codes. 12. Landscape and Irrigation Plan. The Landscape and Irrigation Plan required by City Code Section 15-45.070(a)(9) shall be designed to the maximum extent reasonably feasible to: a. utilize efficient irrigation (where irrigation is necessary), to eliminate or reduce runoff, to promote surface infiltration, and to minimize use of fertilizers and pesticides that have the potential to contribute to water pollution; b. treat stormwater and irrigation 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 prolonged exposure to water shall be specified in the Plan, installed and maintained; c. be comprised of pest resistant landscaping plants throughout the landscaped area, especially along any hardscape area; d. be comprised of plant materials selected to 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; e. protect the roots of Ordinance-protected trees from any proposed or required undergrounding of utilities; f. retain and incorporate existing native trees, shrubs, and ground cover into the Plan; and g. comply with Section 16-75.030 of the City Code to the extent applicable. 13. 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. B.1 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. The site plan shall contain a note with the following language: “Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks comply with the Approved Plans,” which note shall represent a condition which must be satisfied to remain in compliance with this Design Review Approval; d. This signed and dated Resolution printed onto separate construction plan pages; e. A boundary survey, wet-stamped and wet-signed by a Licensed Land Surveyor or Civil Engineer authorized to practice land surveying. The stamp shall reflect a current license 100 Resolution No. 11‐031    Page 6    for the land surveyor/engineer, the document shall be labeled “Boundary Survey,” and the document shall not contain any disclaimers; f. City Arborist Reports dated November 3, 2011 onto separate construction plan pages; g. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined with the above-required Stormwater Detention Plan; and h. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 14. Wood-burning fireplace limitation. A maximum of one wood-burning fireplace is permitted per habitable structure (e.g., main house or guest house). All other fireplaces shall be gas burning. 15. Fences. Fences and walls shall comply with City Code Article 15-29. 16. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public right-of-way. 17. Construction and Demolition Debris Recycling Plan. Because this Design Review Approval authorizes a construction affecting more than two thousand five hundred square feet of floor space the Applicant is required to provide to the Building Official a construction and demolition debris recycling plan prior to the issuance of any Demolition, Grading or Building Permit. 18. 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. 19. HVAC System. No HVAC mechanical equipment shall be allowed between the lot line and any required front, side or rear setback line. 20. Accessory Structures. Accessory structures shall comply with City Code Article 15-80. 21. Enclosure of Carport. The owner shall not be allowed to enclose the carport, shown on Approve Plans dated January 5th, 2012. The condition will be recorded via a Declaration of Deed Restriction and be recorded with the Santa Clara County Recorder’s Office prior to granting building occupancy. THIS CONDITION IS PERMANENT. 22. Lattice along Northern Property Line. The owner shall be required to install an additional two feet of lattice on a six foot wood fence along the north and west property line of 14545 Fruitvale in order to adequately prevent privacy impacts of adjacent neighbors. The installation will be required prior to granting building occupancy. CITY ARBORIST. 23. Compliance with Tree Regulations and City Arborist Reports. All requirements in the City Arborist Reports dated November 3, 2011 are hereby adopted as conditions of approval 101 Resolution No. 11‐031    Page 7    and shall be implemented as part of the Approved Plans. This includes, but is not limited to, the following standard conditions of approval: a. Arborist Report. The November 3, 2011 report, including the map showing the location of the tree and protective fencing, shall be incorporated into the final set of plans and titled “Tree Preservation”. b. Tree Protective Fencing. Tree protective fencing shall be installed as shown on the November 3, 2011 Arborist Report and established prior to the arrival of construction equipment or materials on site. It shall be comprised of six-foot high chain link fencing mounted on eight-foot tall, 1 7/8-inch diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10 feet apart. Once established, the fencing must remain undisturbed and be maintained throughout the construction process until final inspection. Call City Arborist, Kate Bear at (408) 868-1276 for an inspection after the fence has been installed. This is required prior to obtaining building division permits. c. Security Deposit. Owner shall obtain, and file with the Community Development Director, a Tree Protection security deposit in the amount of $30,200, prior to obtaining building division permits. The security deposit shall remain in place for the duration of construction of the project to ensure the protection of the trees. Once the project has been completed, inspected and approved by the City Arborist, the bond will be released. d. Replacement Trees. Owner shall plant new trees whose value equals to $8,310 as part of the project. Replacement values are at the bottom of the Tree Inventory at the end of the November 3, 2011 Arborist Report. PUBLIC WORKS 24. Encroachment Permit. Applicant (owner) shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement including the stormwater swale prior to commencement of the work to implement this Design Review Approval. FIRE SAFETY OR FIRE AGENCY REQUIREMENTS 25. Fire Agency Conditions. Applicant shall comply with all Fire Agency requirements 102 REPORT TO THE PLANNING COMMISSION Meeting Date: December 14, 2011 Application Type / No: Design Review / PDR11-0012 Location: 14545 Fruitvale Ave. Owner / Applicant: Dang / Ha Staff Planner: Michael Fossati APN: 397-17-070 Department Head: James Lindsay 14545 Fruitvale Avenue 103 Application No. PDR11-0012 / 14545 Fruitvale Ave. 2 EXECUTIVE SUMMARY ZONING: R1-40,000 (Single-Family Residential) GENERAL PLAN DESIGNATION: RVLD (Very Low Density Residential) MEASURE G: Not applicable PARCEL SIZE: 1.75 acres (net) AVERAGE SITE SLOPE: 2.7% GRADING REQUIRED: Approximately 10 cubic yards of cut and fill PROJECT DESCRIPTION: The applicant requests Design Review approval to replace an existing one-story, single family residence, detached garage, guest house, and barn, with a proposed two-story, single- family residence and attached garage located at 14545 Fruitvale Avenue. The total floor area of the existing structures is approximately 5,100 sq. ft. The proposed new residence has a total floor area of 6,728 sq. ft. The height of the existing residence is approximately 21.25 feet. The height of the proposed residence is approximately 25.5 feet. Along with the construction of the project, four protected trees (one cork oak, one silver wattle, and two black walnuts) are proposed to be removed. The applicant has received clearance from the City Arborist to remove the trees, with the condition that the applicant plant new trees equal to the appraised value of the existing removed trees. Design Review approval is required pursuant to Saratoga Municipal Code Section 15- 45.060. The site is approximately 1.75 acres and is located within the R-1-40,000 zoning district. STAFF RECOMMENDATION: Staff recommends the Planning Commission find the project exempt from CEQA and approves the Design Review by adopting the attached resolutions. Staff is not recommending any permanent conditions of approval. 104 Application No. PDR11-0012 / 14545 Fruitvale Ave. 3 STAFF ANALYSIS ENVIRONMENTAL DETERMINATION: The proposed new single-family residence 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 on one single family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to three single- family residences may be constructed and covered under this exemption. MATERIALS AND COLORS: The proposed exterior materials include a stucco exterior, foam cast trim, a concrete tile roof and Eldorado stacked stone veneer. The entry door will be a fabricated out of solid mahogany. The proposed wood garage doors will be carriage style with Bordeaux seine windows. The colors include “wise owl” beige for the exterior, “cargo” brown for the trim, “castaway” brownish gray for the stacked stone and “ponderosa” gray- brown for the concrete tile roof. A color and materials board is available on file with the Community Development Department and will be present at the public hearing. Detail Colors and Materials Mfg. & Specification Exterior Wall “Wise Owl” beige Stucco exterior Veneer “Castaway” gray brown El Dorado Stone or equivalent Entry Door Brown mahogany Custom Garage Doors Carriage House Style - White Amarr or equivalent Roof “Ponderosa” gray brown Eagle concrete tile 105 Application No. PDR11-0012 / 14545 Fruitvale Ave. 4 PROJECT DATA R1-40,000 Zoning District Net Site Area: 76,426 sq. ft. Proposed Allowed Site Coverage Residence Decks Entry Driveway Pool & Spa Sidewalk Water Fountain Tennis Court (Future) Total 5,000 sq. ft. 4,230 sq. ft. 193 sq. ft. 8,061 sq. ft. 1,028 sq. ft. 677 sq. ft. 48 sq. ft. 7,200 sq. ft. 26,437 sq. ft. (34.59%) Maximum Coverage allowed is 26,749 sq. ft. (35%) Floor Area 1st Floor 2nd Floor Garage Total 3,682 sq. ft. 2,149 sq. ft. 940 sq. ft. 6,717 sq. ft. Maximum Floor Area is 7,132 sq. ft. Setbacks Front Left Side Right Side Rear 1st Floor 112.25' 49.5' 35.5' 174.5' 2nd Floor 112.25’ 86.5’ 68.25’ 174.5’ 1st Floor 30’ 20’ 20’ 50’' 2nd Floor 30’ 25’ 25’ 60’ Height Lowest Elevation Highest Elevation Average Grade Proposed Building Height 433.29' 437.55' 435.42' 460.95' (25.56') Maximum Building Height is 461.42 (26') PROJECT DISCUSSION AND SITE CHARACTERISTICS Existing Site Characteristics The site is within an low density rural residential setting. The project is surrounded with relatively large ranch style residences to the north, east, south and west. West Valley College is located about a quarter mile northwest of the project site. Proposed Project and Architectural Style The proposed residence does not follow any type of specific architectural style, but rather combines a contemporary design with Mediterranean influences. Those influences include a boxy appearance, arched openings and windows, stucco exterior, wrought-iron detail and tile roof. The proposed materials also include natural materials such as stacked stone veneer and earthtone colors such as tan, brown and grays. The proposed use of natural materials and 106 Application No. PDR11-0012 / 14545 Fruitvale Ave. 5 colors in order to blend in with the natural environment is consistent with the Residential Design Guidelines established by the City. A focal point of the project is the proposed landscaping. The applicant is proposing a pervious paver circular driveway which would intersect directly in front of the main entry, where a water fountain and small lawn are proposed. The remainder of the front yard would be landscaped with a mixture of existing trees and drought tolerant shrubs, such as “variegated tobira”, “evergreen eunymus”, and “manzinita”. The rear yard would be landscaped to include a outdoor BBQ, swimming pool, spa and future tennis court. . The landscape plan calls for “Arbutus Marina” to be planted along portions of the northern and southern property lines, within the view corridor of the proposed second story windows in order to mitigate privacy concerns. Also known as a Marina Strawberry Tree, the medium sized evergreen tree grows from 25 to 50 feet tall with a broad dense crown. Staff believes that the proposed landscaping, along with the proposed setbacks exceeding the City Code requirements will be sufficient to address any privacy concerns. HPC Review The Heritage Preservation Commission (HPC) determined the existing 1918 single-family residence at 14545 Fruitvale Avenue did not qualify as a Heritage Resource. The project was reviewed by the HPC at the regularly scheduled meeting on December 14, 2010. The HPC approval letter has been included as Attachment 2. Trees The project location has approximately 28 trees onsite. The majority of trees are located along the eastern border, within the front yard. Four protected trees are shown to be removed in order to construct the project. In order to mitigate the loss, the applicant has proposed to plant 21 trees on the property. Those new trees include six coast live oaks, along with the previously discussed marina strawberry trees. The value of the proposed trees must meet or exceed $8,310, which was the appraised value of the trees being removed. A more extensive discussion of the trees onsite can be found in the arborist report (Attachment 3). Fireplaces The project would have two gas-burning fireplaces. One is proposed to be located in the living room while the other is proposed for the family room. City Code Section 15-48.030 establishes a limit of one wood burning fireplace and no limit of gas- burning fireplaces per structure. Air Conditioning / HVAC The applicant is proposing to install three A/C units on the southern portion of the lot, directly behind the garage. The units will be located approximately 50 feet away from the southern property line. City Code Section 15-80.030 (i) require A/C units to be located out of required setbacks. Grading and Drainage 107 Application No. PDR11-0012 / 14545 Fruitvale Ave. 6 The applicant is proposing limited grading due to the significantly flat lot. Surface and stormwater shall be directed away from the main residence and towards drainage wells, gutters, storm drain inlets and pervious ground cover. About 65% of the property will be uncovered, which will assist in allowing stormwater to seep into the soil and remain onsite. Neighbor Correspondence The applicant hosted a public meeting to review the project prior to submittal. The applicant invited nine neighbors, but only five attended. The applicant submitted the neighbor notification list and signature page. One neighbor had concerns about the project size, height and potential invasion of privacy. Staff met with the concerned citizen and informed him that the project meets all City Code requirements regarding size and height and the proposed design and landscaping plan were created to mitigate privacy impacts. Staff has also noticed property owners within 500 feet of the proposed project. No negative comments have been received as of the writing of this staff report. Staff has included the Neighbor Notification list and required noticing as Attachment 4 and 5 of this report. Energy Efficiency The applicant had 1st submitted a GreenPoint Rated Checklist with a point score of 65. Even though the project exceeds the minimum 50 points required by the City, Staff recommended the applicant add more green features into the design. The applicant resubmitted the checklist with a new score of 98 points. By grouping plants by water needs, proposing the construction of resource-efficient landscaping and planting of shade trees, the applicant substantially increased their GreenPoint score. The applicant has also proposed to use Low-VOC paints and finishes while installing a high-efficiency irrigation system and ENERGYSTAR appliances and fixtures to further incorporate energy efficiency into the project. The GreenPoint Checklist has been included as Attachment 6. STAFF RECOMMENDATION Staff recommends the Planning Commission find this Application exempt from CEQA and approves the application for Design Review by adopting the attached Resolution. ATTACHMENTS: 1. Resolution of Approval – 14545 Fruitvale Ave 2. HPC Approval Letter – 14545 Fruitvale Ave 3. Arborist Report – 14545 Fruitvale Ave 4. Neighbor Notification Forms 5. Affidavit of mailing notices, public hearing notice, and copy of mailing labels for project notification. 6. Build-it-Green – GreenPoint Checklist 7. Photo and Color Board 8. Reduced Plans, Exhibit "A.” 108 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 December 15, 2010 Hieu Dang 4703 Mountaire Court Saratoga, CA 95070 RE: Application HPC10-0008 14545 Fruitvale Avenue, Saratoga, CA Dear Mr. Dang: Your application for Heritage Preservation Commission (HPC) to determine the historic significance of the residence at 14545 Fruitvale Avenue (APN 397-17-070) was reviewed at the regularly scheduled HPC meeting on December 14, 2010. The meeting included a site visit to the property. The HPC determined (5 ayes, 1 noes, 1 absent) that the existing residence should NOT be added to the Heritage Resource Inventory due to the significant alterations throughout time and lack of architectural integrity with respect to the original design. This letter gives the applicant approval to move forward with a project, pending further City Planning and Building permit approval. If you have any questions, please call me at 408-868-1212 Respectfully, Michael Fossati Assistant Planner / HPC Liaison City of Saratoga 109 Page 1 of 7 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REPORT It is the responsibility of the owner, architect and contractor to be familiar with the information in this report and implement the required conditions. Application #: ARB11-0024 Prepared by Kate Bear, City Arborist Site: 14545 Fruitvale Avenue Phone: (408) 868-1276 Owner: Dr. Hieu Dang Email: kbear@saratoga.ca.us APN: 397-17-070 Email: uniondental@gmail.com Report History: #1 Date: June 28, 2011 #2 Revises and replaces report #1 October 7, 2011 #3 Revises and replaces report #2 November 3, 2011 PROJECT SCOPE The applicant has submitted plans to the City to demolish the existing house and build a new two story house on the site. Four trees (#2, 7, 8 and 9) protected by City Code are requested for removal to construct this project. These four trees meet the criteria for removal and replacement (see Findings below) and may be removed and replaced as part of the project. CLEARANCE – with conditions This project has clearance from the arborist to proceed, with the conditions noted below in the Requirements section. PLAN REVIEW Plans Reviewed: Architectural plans were prepared by Innovative Design Architecture, Inc. and dated April 15, 2011. Plans were revised June 28 and June 30, 2011 to address City comments. Plan sheets reviewed for this report include Sheet A-0, Title Sheet; Sheet A-1, Existing Site Plan; Sheet A1.1, New Site Plan and Building Data; Sheet A-2, Proposed First Floor Plan; Sheet A-2.1, Proposed Second Floor Plan; Sheet A-3, Elevations and Sheet A3.1, Sections. SMP Engineers prepared civil plans for the project and a Topographic Map and Boundary Survey. The Survey was dated May 4, 2011, and the civil plans were dated August 16, 2011. Plan Sheets include C-1, Grading and Drainage Notes; Sheet C-2, Grading and Drainage Plan; and Sheet C-3, Cross Sections and Details. Landscape Plans were prepared by Reed Associates Landscape Architecture and dated May 23, 2011. They were revised October 20, 2011. Plans reviewed include Sheet L1.0, Tree Preservation Plan; Sheet L1.2, Landscape Layout Plan; Sheet L2.0, Irrigation Hydro-Zone Plan; Sheet L2.1, Landscape Irrigation Plan; Sheet L3.0, Planting Plan; Sheets L4.0, 4.1 and 4.2, Landscape Construction Details; and Sheet L5.0, Landscape Specifications. 110 14545 Fruitvale Avenue Page 2 of 7 TREE INFORMATION Tree Inventory: Twelve trees protected by City Code were inventoried for this report. They include two valley oaks (#1 and 12), one cork oak (#2), one Mexican fan palm (#3), two European white birch trees (#4 and 6), three black walnut trees (#5, 8 and 9), one silver wattle (#7), and two coast live oak trees (#10 and 11). Data for each tree is included in the Tree Inventory Table at the end of this report. The Tree Inventory Table has been revised to show that tree #9 is in conflict with the new driveway. Tree locations are shown on the attached map, which is revised to show the revised site plan. There were sixteen trees on the property that are not protected by City Code in the vicinity of the proposed project. They may be removed without a permit at any time. On the attached map, they are indicated with the letters “NP” (“not protected”). Tree Removals: Trees #2, 7, 8 and 9 are shown to be removed to construct the project on some plan sheets, but indicated for retention on other plan sheets. The plans should indicate the same information on each sheet so that these four trees are either requested for removal on all sheets or not. Whenever a tree is requested for removal to construct a project, certain findings must be met. A list of criteria permitting the removal of trees is attached to the end of this report. See the Findings section below for a detailed discussion of trees #2, 7, 8 and 9. Tree Protection: Tree #1 is a valley oak in good condition that grows adjacent to the existing asphalt driveway. It will not survive the proposed construction, which includes a new driveway, sewer connections, and a new entrance gate and columns right next to its trunk. In order to adequately protect this tree, no digging should occur under its canopy for any of this work. This is the most significant tree in the front of the property, and should be retained and preserved rather than removed. The new driveway must be constructed entirely on top of grade. It can be contained with a concrete curb on top of grade. The existing sanitary sewer line should be capped in a location outside of the tree’s canopy and reconnected at the same location, outside of the tree’s canopy. A new fence with columns and a gate should be relocated so that they are outside of the tree’s canopy. Tree #2 is a cork oak that is in conflict with the new driveway. It is acceptable to remove and replace this tree as part of the project. See the Findings section below for a complete discussion of this tree. Trees #3, 4, 5 and 6 can be adequately protected with fencing as described in the requirements section below. Trees #4 and 6 will require watering on a regular basis during construction or they will die. Trees #7, 8 and 9 appear to be in conflict with the new driveway on this most recent set of drawings. These three trees meet the criteria allowing their removal, and may be removed and replaced as part of the project once permits have been issued. 111 14545 Fruitvale Avenue Page 3 of 7 Trees #10, 11 and 12 appear to be far enough from the proposed work that they can be adequately protected with fencing during construction. The potential impacts to them would be from grading the site, creating the bio-swale or installation of the irrigation main line along the side of the property. Grading for the project by equipment must remain outside of tree protection fencing once it has been installed. Creation of the bio-swale should minimize the amount of fill soil and the depths of cuts to create the swale. Work on the swale must be done by hand and not by equipment. Installation of the irrigation main line should be done in a manner that doesn’t require any excavation within 12 feet of the trunks of these trees. Excavation should be done by hand, and no roots measuring two inches or greater in diameter may be cut to install this main line. Security Deposit for the Projection of Trees: Per City Ordinance 15-50.080, a Tree Protection security deposit equal to 100% of the appraised value of trees impacted by the project is required. Owner shall obtain, and file with the Community Development Director, the required security deposit prior to the receipt of building permits. The security deposit may be in the form of a savings account, a certificate of deposit account or a bond. The required security deposit for this project is $30,200 and is the total appraised value of trees #1, 3, 4, 5, 6 and 10, 11 and 12. This deposit will be held until completion of the project and acceptance by the City. Appraisals: Appraised values were calculated using the Trunk Formula Method and according to the Guide for Plant Appraisal, 9th Edition, published by the International Society of Arboriculture (ISA), 2000. This was used in conjunction with the Species Classification and Group Assignment, published by the Western Chapter of the ISA, 2004. FINDINGS Tree Removal Summary The project was reviewed for the removal of trees #2, 7, 8 and 9, four trees protected by City Code, which are requested for removal to construct this project. Tree #2 is a cork oak, tree #7 is a silver wattle acacia, and trees #8 and 9 are black walnuts. The table below summarizes the criteria met allowing the removal of each tree. Tree removal criteria that must be met to allow the removal of a tree are attached to the end of this report for reference. Tree # Criteria met Criteria not met Criteria not pertinent 2 1, 4, 5, 6, 7, 9 2 3, 8 7 1, 4, 7, 9 2, 5, 6 3, 8 8 1, 4, 7, 9 2, 5, 6 3, 8 9 1, 4, 7, 9 2, 5, 6 3, 8 Tree #2 – cork oak: Tree #2 is a cork oak in fair condition with poor structure that meets the findings to allow removal and replacement. It grows right next to the driveway and under the canopy of a valley oak (tree #1), competing for sunlight and nutrients. If the driveway is widened to meet fire department code requirements as part of the new project this will potentially impact both trees #1 and 2. The valley oak (tree #1) is the better tree of the two, and should be retained and preserved. It is therefore acceptable to remove tree #2 and replace it with new trees as part of the project. Tree #2 is in conflict with the proposed driveway if it is widened to meet fire department code requirements. It also is in conflict with the new driveway which should be relocated farther from 112 14545 Fruitvale Avenue Page 4 of 7 oak tree #1 to better protect it (criterion #1). The tree is not causing damage or threatening damage to the property so it does not meet criterion #2. The lot is flat, so erosion and drainage are not an issue for this property and criterion #3 is not pertinent to the situation. Removal of this tree would have a minor impact on the shade, privacy and scenic beauty of the property because it grows under the canopy of oak tree #1 and is hidden by its branches (criterion #4). This tree is crowded by oak tree #1 and does not serve the site as well as the larger oak (criterion #5). The alternative to removing this tree is to retain the driveway exactly as it is, without replacing it or widening it, which is not in the best interest of the valley oak (criterion #6) and would not be acceptable to the fire department. Removal and replacement of tree #2 is consistent with the intent of this article, which is to replace trees if it is not feasible to retain and preserve them (criterion #7). The tree does not threaten the safety or health of the public, so criterion #8 does not pertain to this situation. Removal of this tree provides economic enjoyment to the property owners (criterion #9). Tree #7 – silver wattle acacia: Tree #7 is a silver wattle acacia in poor condition that is close to the proposed driveway. Although its foliage indicates good health, its structural integrity is poor. This acacia is in poor condition so it does meet criterion #1. The tree does not threaten damage to the property at this time so it does not meet criterion #2. The lot is relatively flat and erosion and drainage are not a concern for the property, so criterion #3 does not pertain to this situation. Removal of this tree would not significantly impact the aesthetic beauty and privacy for this lot, so it does meet criterion #4. This tree is not crowded by other trees so it does not meet criterion #5. The alternative to removing this tree, which is to retain it, is feasible, so it does not meet criterion #6. Removal of the acacia tree and replacement with new trees in the front yard is consistent with the intent of the Tree Regulations, and would add to the privacy and aesthetic beauty of the property, so this tree does meet criterion #7. This tree does not threaten the public health or safety of people so criterion #8 does not pertain to this situation. Removal of the tree does meet criterion #9, in that it would provide economic and other enjoyment of the property. Trees #8 and 9 – black walnut: Trees #8 and 9 appear to be sprouts from black walnut trees that were removed in the past and have grown back from the stumps. These trees grow close to the proposed driveway are in poor condition and do not add to the site. Tree #8 is next to the driveway and tree #9 is in conflict with the new driveway and both appear to have grown from stumps after previous removal, so they meet criterion #1. Trees #8 and 9 do not threaten damage to structures on the site, so they do not meet criterion #2. The lot is relatively flat and erosion and drainage are not a concern for the property, so criterion #3 does not pertain to this situation. Removal of these trees and replacement with new trees would add to the shade, privacy and aesthetic beauty of the property, so they do meet criterion #4. The two trees are not crowded by other trees, so they do not meet criterion #5. It is possible to keep these two trees and design the driveway around them, but their value is appraised at $0, so it does seem like a reasonable alternative, and they meet criterion #6. Removal of these trees and planting new trees in the front yard to replace them would increase the value and aesthetic beauty of the site, and is consistent with the intent of the Tree Regulations, so they do meet criterion #7. The tree does not threaten the safety or health of the public, so criterion #8 does not pertain to this situation. Removal of these trees will provide the owner with economic and other enjoyment of the property, so they do meet criterion #9. 113 14545 Fruitvale Avenue Page 5 of 7 Replacement Trees: The total appraised value of trees #2, 7, 8 and 9 is appraised at $8,310. It is acceptable to remove these trees and plant new trees equal to their appraised value as part of the project. Trees may not be removed until all applicable permits have been obtained. Replacement values for new trees can be found at the bottom of the Tree Inventory Table. New Construction Based on a review of information provided, the project does not yet comply with the requirements for the setback of new construction from existing trees under Section 15-50.120 of the City Code. The sewer line connection and the entrance gate to the residence will have a significant impact on tree #1, and the tree will likely not survive construction of the project as it is currently designed. REQUIREMENTS 1. This entire report, including the Tree Inventory Table, map showing locations of trees and protective fencing, and project Requirements shall be incorporated into the final set of plans and titled “Tree Preservation”. 2. Tree Protection Security Deposit - $30,200 a. Owner shall obtain, and file with the Community Development Director, a Tree Protection security deposit for trees #1, 3, 4, 5, 6, 10, 11 and 12, prior to obtaining Building Division permits. b. The tree protection security deposit shall remain in place for the duration of construction of the project to ensure the protection of the trees. c. Once the project has been completed, inspected and approved by the City, the bond will be released. 3. Tree Protection Fencing: a. Shall be installed as shown on the attached map. b. Shall be established prior to the arrival of construction equipment or materials on site. c. Shall be comprised of six-foot high chain link fencing mounted on eight-foot tall, 1 7/8- 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 REMOVE WITHOUT APPROVAL FROM CITY ARBORIST”. 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. Unless otherwise approved by the City Arborist, all construction activities shall be conducted outside the designated fenced area. 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. g. Tree protection fencing shall remain undisturbed throughout the construction until final inspection. If contractor feels that work must be done inside the fenced area, call City Arborist to arrange a field meeting. 114 14545 Fruitvale Avenue Page 6 of 7 4. 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. 5. Applicant is responsible for protecting trees per City Code Article 15-50 on all construction work. Receipt of a Planning or Building permit does not relieve applicant of his responsibilities under this Code. 6. Trees shall be numbered on the plans for reference. 7. Trees #2, 7, 8 and 9 are approved for removal and replacement as part of this project. They shall not be removed until building permits have been obtained. 8. Excavation is not permitted under the canopy of tree #1 for the new driveway, capping off or connection to the sanitary sewer, installation of an entrance gate or columns, or any other aspect of the project. 9. Columns for the gate shall be at least 16 feet from the trunk of tree #1. 10. The existing sewer line shall be disconnected and reconnected outside of the canopy of tree #1, or at least 20 feet from its trunk. 11. The plans show the new sewer connection in a location that is not under the canopy of any protected tree on site and is acceptable. 12. The new driveway shall be installed entirely on top of grade where it is under the canopy of tree #1. It shall be constructed out of pervious materials, such as pavers on sand or gravel. The driveway surface may be contained with a concrete curb on top of grade. 13. New trees equal to $8,310 shall be planted as part of the project. Replacement values for new trees can be found at the bottom of the Tree Inventory Table attached to the end of this report. 14. At least four replacement trees shall be planted in the front yard. 15. Birch trees #4 and 6 shall be watered at least weekly during construction with sufficient water to soak the ground under their canopies. 16. Excavation for utilities under tree canopies is not permitted. They shall be installed outside of tree canopies. 17. The trench for the irrigation main line shall be dug by hand where it is within 15 feet of oak trees #10 – 12. All roots measuring 2 inches or greater shall be retained and the new pipes installed under the intact roots. 18. Any permitted pruning or root pruning of trees on site must be performed under the supervision of an ISA Certified Arborist and according to ISA standards. 115 14545 Fruitvale Avenue Page 7 of 7 19. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited under tree canopies or anywhere on site that allows drainage to areas under tree canopies. Herbicides shall not be applied under tree canopies. 20. Failure to adhere to these requirements may lead to a hold on the Tree Protection Security Deposit put in place by the property owner for a period of up to five years after the completion of construction. 21. At the end of the project, when the contractor wants to remove tree protection fencing, call City Arborist for a final inspection. Attachments: Tree Removal Criteria Tree Inventory Table Map showing tree locations and protective fencing 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; (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; and (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. 116 TREE INVENTORY TABLE TREE NO. TREE NAME Trunk Diameter (in,) - per Guide for Plant AppraisalEstimated Canopy Spread (ft.)Health Condition (100% = best, 0% = worst)Structural Integrity (100% = best, 0% = worst)Overall ConditionSuitability for Preservation (High/Moderate/Low)Intensity of Impacts (1 = Highest, 5 = Lowest)In Conflict with Proposed DesignNot shown on plansOn Adjacent ProprtyAppraised ValueValley oak 1 Quercus lobata 28.4 45 70 70 Good High 2 $19,500 Cork oak 6.6, 6.3, 2 Quercus suber 12.7, 9.1, 6 35 50 40 Fair Moderate 1 X $8,200 Mexican fan palm 8 ft. 3 Washingtonia robusta trunk 12 80 80 Good Moderate 3 $280 European white birch 5.6, 4, 4 Betula pendula 4.7, 2 25 80 50 Good High 5 $700 Black walnut 5 Juglans hindsii 10.2 25 80 60 Good Moderate 5 $1,090 European white birch 5.3, 5.2, 6 Betula pendula 7.3 30 80 70 Good Moderate 2 $1,040 Silver wattle 7 Acacia dealbatta 12.5 25 80 10 Poor Low 3 $110 Black walnut 8 Juglans hindsii stump sprouts 0 Poor Low 4 $0 Black walnutBlack walnut 9 Juglans hindsii stump sprouts 0 Poor Low 4 X $0 Coast live oak 10 Quercus agrifolia 15 30 80 60 Good High 5 $3,450 Coast live oak 11 Quercus agrifolia 10 20 80 90 Good High 5 X $1,910 Valley oak 12 Quercus lobata 11 30 70 40 Fair High 5 X $2,230 Should any tree listed above be removed owner will be required to replace that tree with trees equal to its appraised value. Replacement Tree Values 15 gallon = $150 24 inch box = $500 36 inch box = $1,500 48 inch box = $5,000 52 inch box = 7,000 72 inch box = $15,000 14545 Fruitvale Ave November 3, 2011 117 14545 Fruitvale Avenue Revised 10-7-11 Legend Tree Protective Fencing Tree Canopy Tree not protected NP by City code 1 2 3 4 5 6 9 8 10 7 11 12 NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP 118 119 120 121 122 123 CITY OF SARATOGA Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1222 NOTICE OF PUBLIC HEARING The City of Saratoga’s Planning Commission announces the following public hearing on: Wednesday, the 14th day of December, 2011, at 7:00 p.m. The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. The public hearing agenda item is stated below. Details of this item are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding Friday office closures. APPLICATION/ADDRESS: PDR11-0012 / 14545 Fruitvale Avenue APPLICANT/OWNER: Ha / Dang APN: 397-14-070 DESCRIPTION: The applicant requests Design Review approval to construct a two-story, single-family residence located at 14545 Fruitvale Avenue. The proposal includes 5,777 sq. ft. of living area and a 940 sq. ft. attached garage. Four protected trees (one cork oak, one silver wattle, and two black walnuts) are to be removed to construct the project. The applicant has received clearance from the City Arborist to remove the trees, with the condition that the applicant plant new trees equal to the appraised value of the existing removed trees. The height of the existing residence will not increase over the 26 foot height limit. Design Review approval is required pursuant to Saratoga Municipal Code Section 15-45.060. The site is approximately 1.75 acres and is located within the R-1-40,000 zoning district. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the Planning Commission’s information packets, written communications should be filed on or before Tuesday, December 6, 2011. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor’s office annually, in preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Michael Fossati Planner (408) 868-1212 124 39712019 14500 FRUITVALE AV B A T & T, 39713018 19431 SAN MARCOS RD JEN KATHERINE 19431 SAN MARCOS RD SARATOGA, CA 9507039713029 14470 FRUITVALE AV LAWRENCE THOMAS J AND OLSEN-LA 14470 FRUITVALE AV SARATOGA, CA 9507039717007 14451 FRUITVALE AV SYLVIA KELLY L TRUSTEE 14451 FRUITVALE AV SARATOGA, CA 9507039717010 14581 FRUITVALE AV JAVADI SAEED AND SORAYA 13046 TWELVE HILLS RD CLARKSVILLE, MD 2102939717011 14601 FRUITVALE AV WAN ROBERT T AND ROSA Y LI 14601 FRUITVALE AV SARATOGA, CA 9507039717012 19521 FARWELLL AV KALKUNTE VENKAT AND ANJANA 19521 FARWELLL AV SARATOGA, CA 9507039717013 19551 FARWELL AV ROLLINS JOHN S AND ELIZABETH M 19551 FARWELL AV SARATOGA, CA 9507039717014 19571 FARWELL AV ANDERSON GIBSON JR TRUSTEE & E 19571 FARWELL AV SARATOGA, CA 9507039717024 19607 FARWELL AV KATZMAN JAMES A AND SYLVIA B T 19607 FARWELL AV SARATOGA, CA 9507039717025 14608 EL PUENTE WY LEACH M ROBERT AND MAGGIE M TR 14608 EL PUENTE WY SARATOGA, CA 9507039717026 14566 EL PUENTE WY COLMAN JOHN P AND CHERYL B 800 POLLARD RD UNIT 1 LOS GATOS, CA 9503239717027 19609 VERSAILLES WY FONG ALLEN G AND GLADYS J TRUS 19609 VERSAILLES WY SARATOGA, CA 9507039717028 19611 VERSAILLES WY NAQVI SIKANDAR R AND MAHNAZ TR 19611 VERSAILLES WY SARATOGA, CA 9507039717029 19653 VERSAILLES WY YEN DAVID W AND GRACE S TRUSTE 19653 VERSAILLES WY SARATOGA, CA 9507039717030 19695 VERSAILLES WY ZHONG JOHN & XU RUOCHEN 19695 VERSAILLES WY SARATOGA, CA 9507039717036 14551 EL PUENTE WY PESTANA IRENE AND ERNEST E 2225 OAKLAND RD SAN JOSE, CA 9513139717037 14603 EL PUENTE WY DOX JOSEPH F TRUSTEE & ET AL 14603 EL PUENTE WY SARATOGA, CA 9507039717038 19639 FARWELL AV SAMSON WILFRED J TRUSTEE & ET 19691 FARWELL AV SARATOGA, CA 9507039717055 14462 BLACK WALNUT CT OBERHAUSER MARY F TRUSTEE & ET 14462 BLACK WALNUT CT SARATOGA, CA 9507039717056 14450 BLACK WALNUT CT PAGONIS MILTON J AND JOANNE TR 14450 BLACK WALNUT CT SARATOGA, CA 9507039717057 14448 BLACK WALNUT CT PAGONIS ELISA A AND GARY E TRU 14448 BLACK WALNUT CT SARATOGA, CA 9507039717058 14426 BLACK WALNUT CT ALLAN IAIN D AND ROSALIND E TR 14426 BLACK WALNUT CT SARATOGA, CA 9507039717068 14563 FRUITVALE AV NOTHHAFT HENRY R AND RANDIE L 14563 FRUITVALE AV SARATOGA, CA 9507039717069 14551 FRUITVALE AV CHEN DENNIS SHING DER AND YI P 14551 FRUITVALE AV SARATOGA, CA 9507039717070 14545 FRUITVALE AV DANG HIEU 14545 FRUITVALE AV SARATOGA, CA 9507039718022 19550 FARWELL AV THORPE LOUIS M AND SANDRA R 19550 FARWELL AV SARATOGA, CA 9507039718023 19520 FARWELL AV MARCOS GARY E AND STEIN ANN K 19520 FARWELL AV SARATOGA, CA 9507039718078 19608 FARWELL AV MOORE ROBERT P AND PATRICIA G 19608 FARWELL AV SARATOGA, CA 9507039718105 19600 FARWELL AV CHIEN LUNG-SIAEN AND LU CHIA-C 19600 FARWELL AV SARATOGA, CA 9507039736003 19450 BURGUNDY WY 19450 BURGUNDY WY SARATOGA, CA 9507039736026 19459 BURGUNDY WY MAGLIONE JOSEPH AND CELIA M 19459 BURGUNDY WY SARATOGA, CA 9507039736027 19471 BURGUNDY WY KANG SEONG H AND INHWA L TRUST 19471 BURGUNDY WY SARATOGA, CA 9507039736028 19493 BURGUNDY WY SHUKLA RAMA K AND POONAM M 19493 BURGUNDY WY SARATOGA, CA 9507039736033 19468 BURGUNDY WY WU CHING-AN CHARLIE AND YUH-ZU 19468 BURGUNDY WY SARATOGA, CA 9507039736034 19466 BURGUNDY WY WENG KEN AND FUNG LEONA 19466 BURGUNDY WY SARATOGA, CA 9507039736035 19486 BURGUNDY WY CHANG PAUL C AND CHING-LI TRUS 19486 BURGUNDY WY SARATOGA, CA 9507039736036 19498 BURGUNDY WY TSAI CHEN LUNG AND MEI MAN TRU 19498 BURGUNDY WY SARATOGA, CA 9507038 Affected Parcels125 126 GreenPoint Rated Checklist: Single Family9864199330 30 5 6 9Single Family New Home 4.2 / 2008 Title 240 30 5 6 9 PointsAchieved Community Energy IAQ/Health Resources WaterNotesA. SITE1. Protect Topsoil and Minimize Disruption of Existing Plants & TreesYes a. Protect Topsoil and Reuse after Construction21 1No b. Limit and Delineate Construction Footprint for Maximum Protection 012. Divert/Recycle Job Site Construction Waste (Including Green Waste and Existing Structures)Yesa. Required: Divert 50% (by weight) of All Construction and Demolition Waste (Recycling or Reuse) (CALGreen Code)YRNo b. Divert 100% of Asphalt and Concrete and 65% (by weight) of Remaining Materials 02No c. Divert 100% of Asphalt and Concrete and 80% (by weight) of Remaining Materials 023. Use Recycled Content Aggregate (Minimum 25%)No a. Walkway and Driveway Base01No b. Roadway Base01No4. Cool Site: Reduce Heat Island Effect On Site 015. Construction Environmental Quality Management Plan, Duct Sealing, and Pre-Occupancy Flush-Out [*This credit is a requirement associated with J4: EPA IAP] Yesa. Duct openings and other related air distribution component openings shall be covered during construction. (CALGreen code if applicable)11Nob. Full environmental quality management plan and pre-occupancy flush out is conducted (Prerequisite is A5a)01Total Points Available in Site = 123B. FOUNDATIONEnter Project NamePossible PointsPossible PointsPossible PointsThe GreenPoint Rated checklist tracks green features incorporated into the home. A home is only GreenPoint Rated if all features are verified by a Certified GreenPoint Rater through Build It Green. GreenPoint Rated is provided as a public service by Build It Green, a professional non-profit whose mission is to promote healthy, energy and resource efficient buildings in California.The minimum requirements of GreenPoint Rated are: verification of 50 or more points; Earn the following minimum points per category: Energy (30), Indoor Air Quality/Health (5), Resources (6), and Water (9); and meet the prerequisites A.2.a, H10a., J.2., N.1, and Q0. This checklist accommodates the verification of mandatory CALGreen measures but does not signify compliance unless accepted by enforcing agency. All CALGreen measures within the checklist must be selected as "Yes" or "n/a" for compliance with GreenPoint Rated. Build It Green is not a code enforcement agency.The criteria for the green building practices listed below are described in the GreenPoint Rated Single Family Rating Manual. For more information please visit www.builditgreen.org/greenpointrated Total Points Targeted: 6419 933030569© Build It Green Single Family Checklist New Home Version 4.2Page 1 of 11127 PointsAchieved Community Energy IAQ/Health Resources WaterNotesEnter Project NameNo1. Replace Portland Cement in Concrete with Recycled Fly Ash and/or Slag (Minimum 20%)02No2. Use Frost-Protected Shallow Foundation in Cold Areas (CEC Climate Zone 16)02No3. Use Radon Resistant Construction [*This credit is a requirement associated with J4: EPA IAP]02No4. Install a Foundation Drainage System [*This credit is a requirement associated with J4: EPA IAP]02No5. Moisture Controlled Crawlspace [*This credit is a requirement associated with J4: EPA IAP]026. Design and Build Structural Pest ControlsNo a. Install Termite Shields & Separate All Exterior Wood-to-Concrete Connections 01Yes b. All Plants Have Trunk, Base, or Stem Located At Least 36 Inches from Foundation 11Total Points Available in Foundation = 121C. LANDSCAPE52%Enter in the % of landscape area. (Projects with less than 15% of the total site area (i.e. total lot size) as landscape area are capped at 6 points for the following measures: C1 through C7 and C9 through C11. Yes1. Group Plants by Water Needs (Hydrozoning)22Yes2. Mulch All Planting Beds to the Greater of 3 Inches or Local Water Ordinance Requirement223. Construct Resource-Efficient LandscapesYes a. No Invasive Species Listed by Cal-IPC Are Planted11No b. No Plant Species Will Require Shearing01Yesc. 75% of Plants Are Drought Tolerant, California Natives or Mediterranean Species or Other Appropriate Species334. Minimize Turf in Landscape Installed by BuilderYesa. Turf Shall Not Be Installed on Slopes Exceeding 10% and No Overhead Sprinklers Installed in Areas Less than 8 Feet Wide2225% b. Turf is Small Percentage of Landscaped Area (2 Points for 25%, 4 Points for 10%) 24Yes5. Plant Shade Trees31 1 16. Install High-Efficiency Irrigation Systems Yes a. System Uses Only Low-Flow Drip, Bubblers, or Sprinklers22Yes b. System Has Smart (Weather-Based) Controller (CALGreen code if applicable)33No7. Incorporate Two Inches of Compost in the Top 6 to 12 Inches of Soil038. Rain Water Harvesting System No a. Cistern(s) is Less Than 750 Gallons01No b. Cistern(s) is 750 to 2,500 Gallons01No c. Cistern(s) is Greater Than 2,500 Gallons01No9. Irrigation System Uses Recycled Wastewater01No10. Submetering for Landscape Irrigation 0111. Design Landscape to Meet Water BudgetYesa. Install Irrigation System That Will Be Operated at 70% Reference ET (Prerequisites for Credit are C1. and C2.)11Possible Points© Build It Green Single Family Checklist New Home Version 4.2Page 2 of 11128 PointsAchieved Community Energy IAQ/Health Resources WaterNotesEnter Project NameNob. Install Irrigation System That Will Be Operated at 50% Reference ET (Prerequisites for Credit are C1, C2, and C6a or C6b.)01No12. Use Environmentally Preferable Materials for 70% of Non-Plant Landscape Elements and Fencing A) FSC-Certified Wood, B) Reclaimed, C) Rapidly Renewable, D) Recycled-Content E) Finger-Jointed or F) Local01No13. Reduce Light Pollution by Shielding Fixtures and Directing Light Downward01Total Points Available in Landscape = 35 21D. STRUCTURAL FRAME & BUILDING ENVELOPE1. Apply Optimal Value Engineering No a. Place Joists, Rafters and Studs at 24-Inch On Center 03No b. Door and Window Headers are Sized for Load01No c. Use Only Cripple Studs Required for Load012. Construction Material EfficienciesNoa. Wall and Floor Assemblies (Excluding Solid Wall Assemblies) are Delivered Panelized from Supplier (Minimum of 80% Square Feet)02No b. Modular Components Are Delivered Assembled to the Project (Minimum 25%) 063. Use Engineered LumberNo a. Engineered Beams and Headers01No b. Wood I-Joists or Web Trusses for Floors01No c. Engineered Lumber for Roof Rafters01No d. Engineered or Finger-Jointed Studs for Vertical Applications 01No e. Oriented Strand Board for Subfloor01No f. Oriented Strand Board for Wall and Roof Sheathing01No4. Insulated Headers015. Use FSC-Certified WoodNo a. Dimensional Lumber, Studs and Timber (Minimum 40%)06No b. Panel Products (Minimum 40%)036. Use Solid Wall Systems (Includes SIPS, ICFs, & Any Non-Stick Frame Assembly)No a. Floors02No b. Walls02No c. Roofs01No7. Energy Heels on Roof Trusses (75% of Attic Insulation Height at Outside Edge of Exterior Wall)018. Install Overhangs and GuttersYes a. Minimum 16-Inch Overhangs and Gutters11No b. Minimum 24-Inch Overhangs and Gutters019. Reduce Pollution Entering the Home from the Garage [*This credit is a requirement associated with J4: EPA IAP]Yes a. Install Garage Exhaust Fan OR Build a Detached Garage11Nob. Tightly Seal the Air Barrier between Garage and Living Area (Performance Test Required)01Total Points Available in Structural Frame and Building Envelope = 392Possible Points© Build It Green Single Family Checklist New Home Version 4.2Page 3 of 11129 PointsAchieved Community Energy IAQ/Health Resources WaterNotesEnter Project NameE. EXTERIOR No1. Use Environmentally Preferable Decking02No2. Flashing Installation Techniques Specified and Third-Party Verified [*This credit is a requirement associated with J4: EPA IAP]01No3. Install a Rain Screen Wall System02No4. Use Durable and Non-Combustible Siding Materials01Yes5. Use Durable and Fire Resistant Roofing Materials or Assembly22Total Points Available in Exterior = 82F. INSULATION1. Install Insulation with 75% Recycled ContentNo a. Walls01No b. Ceilings01No c. Floors01Total Points Available in Insulation = 30G. PLUMBING1. Distribute Domestic Hot Water Efficiently (Max. 5 points, G1a. is a Prerequisite for G1b-e)Noa. Insulate All Hot Water Pipes [*This credit is a requirement associated with J4: EPA IAP]01 1No b. Use Engineered Parallel Plumbing01No c. Use Engineered Parallel Plumbing with Demand Controlled Circulation Loop(s) 01Nod. Use Traditional Trunk, Branch and Twig Plumbing with Demand Controlled Circulation Loop(s)01 2No e. Use Central Core Plumbing01 1 12. Water Efficient FixturesYesa. High Efficiency Showerheads 2.0 Gallons Per Minute (gpm) at 80 psi. (Multiple showerheads shall not exceed maximum flow rates) (CALGreen code if applicable) 33Yes b. High Efficiency Bathroom Faucets 1.5 gpm at 60psi (CALGreen code)11Yes c. High Efficiency Kitchen and Utility Faucets 1.8 gpm (CALGreen code if applicable)11Yes3. Install Only High Efficiency Toilets (Dual-Flush or 1.28 Gallons Per Flush (gpf)) (CALGreen code if applicable)22Total Points Available in Plumbing = 127H. HEATING, VENTILATION & AIR CONDITIONING1. Properly Design HVAC System and Perform Diagnostic Testing Yesa. Design and Install HVAC System to ACCA Manual J, D, and S Recommendations (CALGreen code if applicable) [*This credit is a requirement associated with J4: EPA IAP]44Nob. Test Total Supply Air Flow Rates [*This credit is a requirement associated with J4: EPA IAP]01No c. Third Party Testing of Mechanical Ventilation Rates for IAQ (meet ASHRAE 62.2) 012. Install Sealed Combustion Units [*This credit is a requirement associated with J4: EPA IAP]No a. Furnaces02No b. Water Heaters02No3. Install High Performing Zoned Hydronic Radiant Heating 01 1Possible PointsPossible PointsPossible PointsPossible Points© Build It Green Single Family Checklist New Home Version 4.2Page 4 of 11130 PointsAchieved Community Energy IAQ/Health Resources WaterNotesEnter Project NameNo4. Install High Efficiency Air Conditioning with Environmentally Preferable Refrigerants015. Design and Install Effective DuctworkNo a. Install HVAC Unit and Ductwork within Conditioned Space01Nob. Use Duct Mastic on All Duct Joints and Seams [*This credit is a requirement associated with J4: EPA IAP]01Noc. Pressure Relieve the Ductwork System [*This credit is a requirement associated with J4: EPA IAP]01No6. Install High Efficiency HVAC Filter (MERV 6+) [*This credit is a requirement associated with J4: EPA IAP]01No7. No Fireplace OR Install Sealed Gas Fireplace(s) with Efficiency Rating >60% using CSA Standards [*This credit is a requirement associated with J4: EPA IAP]01Yes8. Install ENERGY STAR Bathroom Fans on Timer or Humidistat (CALGreen code if applicable)119. Install Mechanical Ventilation System for Cooling (Max. 4 Points)No a. Install ENERGY STAR Ceiling Fans & Light Kits in Living Areas & All Bedrooms 01Yesb. Install Whole House Fan (Credit Not Available if H9c Chosen) (CALGreen code if applicable)11No c. Automatically Controlled Integrated System with Variable Speed Control 0310. Advanced Mechanical Ventilation for IAQYesa. Required: Compliance with ASHRAE 62.2 Mechanical Ventilation Standards (as adopted in Title 24 Part 6) [*This credit is a requirement associated with J4: EPA IAP]YRNob. Advanced Ventilation Practices (Continuous Operation, Sone Limit, Minimum Efficiency, Minimum Ventilation Rate, Homeowner Instructions)01No c. Outdoor Air Ducted to Bedroom and Living Areas of Home02Yes11. Install Carbon Monoxide Alarm(s) (or No Combustion Appliances in Living Space and No Attached Garage) [*This credit is a requirement associated with J4: EPA IAP]11Total Points Available in Heating, Ventilation and Air Conditioning = 277I. RENEWABLE ENERGYYes1. Pre-Plumb for Solar Water Heating11Yes2. Install Wiring Conduit for Future Photovoltaic Installation & Provide 200 ft2 of South-Facing Roof110.0%3. Offset Energy Consumption with Onsite Renewable Generation (Solar PV, Solar Thermal, Wind) Enter % total energy consumption offset, 1 point per 4% offset025Total Available Points in Renewable Energy = 272J. BUILDING PERFORMANCE 1. Building Envelope Diagnostic EvaluationsNoa. Verify Quality of Insulation Installation & Thermal Bypass Checklist before Drywall [*This credit is a requirement associated with J4: EPA IAP]01Nob. House Passes Blower Door Test [*This credit is a requirement associated with J4: EPA IAP]01Possible PointsPossible Points© Build It Green Single Family Checklist New Home Version 4.2Page 5 of 11131 PointsAchieved Community Energy IAQ/Health Resources WaterNotesEnter Project NameNoc. Blower Door Results are Max 2.5 ACH50 for Unbalanced Systems (Supply or Exhaust) or Max 1.0 ACH50 for Balanced Systems (2 Total Points for J1b. and J1c.)01No d. House Passes Combustion Safety Backdraft Test0115%2. Required: Building Performance Exceeds Title 24 (Minimum 15%) (Enter the Percent Better Than Title 24, Points for Every 1% Better Than Title 24)3030No3. Design and Build Near Zero Energy Homes (Enter number of points, minimum of 2 and maximum of 6 points)06No4. Obtain EPA Indoor airPlus Certification (Total 42 points, not including Title 24 performance; read comment)02No5. Title 24 Prepared and Signed by a CABEC Certified Energy Plans Examiner (CEPE)016. Participation in Utility Program with Third Party Plan ReviewNoa. Energy Efficiency Program [*This credit is a requirement associated with J4: EPA IAP]01Nob. Renewable Energy Program with Min. 30% Better Than Title 24 (High Performing Home)01Total Available Points in Building Performance = 45+ 30K. FINISHESNo1. Design Entryways to Reduce Tracked-In Contaminants012. Use Low-VOC or Zero-VOC Paint (Maximum 3 Points)Yesa. Low-VOC Interior Wall/Ceiling Paints (CALGreen code if applicable) (<50 Grams Per Liter (gpl) VOCs Regardless of Sheen) [*This credit is a requirement associated with J4: EPA IAP]11No b. Zero-VOC: Interior Wall/Ceiling Paints (<5 gpl VOCs Regardless of Sheen) 02Yes3. Use Low-VOC Coatings that Meet SCAQMD Rule 1113 (CALGreen code if applicable) [*This credit is a requirement associated with J4: EPA IAP]22Yes4. Use Low-VOC Caulks, Construction Adhesives and Sealants that Meet SCAQMD Rule 1168 (CALGreen code if applicable)22No5. Use Recycled-Content Paint016. Use Environmentally Preferable Materials for Interior Finish A) FSC-Certified Wood, B) Reclaimed, C) Rapidly Renewable, D) Recycled-Content or E) Finger-Jointed F) Local No a. Cabinets (50% Minimum)03No b. Interior Trim (50% Minimum)02No c. Shelving (50% Minimum)02No d. Doors (50% Minimum)02No e. Countertops (50% Minimum)02Yes7. Reduce Formaldehyde in Interior Finish – Meet Current CARB Airborne Toxic Control Measure (ATCM) for Composite Wood Formaldehyde Limits by Mandatory Compliance Dates (CALGreen code if applicable) [*This credit is a requirement associated with J4: EPA IAP]Y0Possible Points© Build It Green Single Family Checklist New Home Version 4.2Page 6 of 11132 PointsAchieved Community Energy IAQ/Health Resources WaterNotesEnter Project Name8. Reduce Formaldehyde in Interior Finish - Exceed Current CARB ATCM for Composite Wood Formaldehyde Limits Prior to Mandatory Compliance DatesNo a. Doors (90% Minimum)01No b. Cabinets & Countertops (90% Minimum)02No c. Interior Trim and Shelving (90% Minimum)01No9. After Installation of Finishes, Test of Indoor Air Shows Formaldehyde Level <27ppb03Total Available Points in Finishes = 275L. FLOORING50%1. Use Environmentally Preferable Flooring ( Minimum 15% Floor Area) A) FSC-Certified Wood, B) Reclaimed or Refinished, C) Rapidly Renewable, D) Recycled-Content, E) Exposed Concrete, F) Local. Flooring Adhesives Must Meet SCAQMD Rule 1168 for VOCs.34No2. Thermal Mass Floors (Minimum 50%)01No3. Low Emitting Flooring (Section 01350, CRI Green Label Plus, Floorscore [*This credit is a requirement associated with J4: EPA IAP]03Yes4. All carpet and 50% of Resilient Flooring is low emitting. (CALGreen code if applicable)YTotal Available Points in Flooring = 83M. APPLIANCES AND LIGHTINGYes1. Install ENERGY STAR Dishwasher (Must Meet Current Specifications)21 12. Install ENERGY STAR Clothes WasherYesa. Meets ENERGY STAR and CEE Tier 2 Requirements (Modified Energy Factor 2.0, Water Factor 6.0 or less)31 2Nob. Meets ENERGY STAR and CEE Tier 3 Requirements (Modified Energy Factor 2.2, Water Factor 4.5 or less) 023. Install ENERGY STAR Refrigerator Yes a. ENERGY STAR Qualified & < 25 Cubic Feet Capacity11No b. ENERGY STAR Qualified & < 20 Cubic Feet Capacity014. Install Built-In Recycling Center or Composting Center No a. Built-In Recycling Center01No b. Built-In Composting Center015. Install High-Efficacy Lighting and Design Lighting SystemYes a. Install High-Efficacy Lighting11No b. Install a Lighting System to IESNA Footcandle Standards or Hire Lighting Consultant 01Total Available Points in Appliances and Lighting = 137N. OTHERYes1. Required: Incorporate GreenPoint Rated Checklist in Blueprints [*This credit is a requirement associated with J4: EPA IAP]YRYes2. Pre-Construction Kick-Off Meeting with Rater and Subs11No3. Homebuilder's Management Staff are Certified Green Building Professionals01Possible PointsPossible PointsPossible Points© Build It Green Single Family Checklist New Home Version 4.2Page 7 of 11133 PointsAchieved Community Energy IAQ/Health Resources WaterNotesEnter Project Name4. Develop Homeowner EducationYesa. Develop Homeowner Manual of Green Features/Benefits (CALGreen code if applicable) [*This credit is a requirement associated with J4: EPA IAP]21 1Nob. Conduct Educational Walkthroughs (Prerequisite is N4a) [*This credit is a requirement associated with J4: EPA IAP]01No5. Install a Home System Monitor OR Participate in a Time-of-Use Pricing Program01Total Available Points in Other = 63O. COMMUNITY DESIGN & PLANNING 1. Develop Infill SitesNo a. Project is an Urban Infill Development01 1No b. Home(s)/Development is Located within 1/2 Mile of a Major Transit Stop 02No2. Build on Designated Brownfield Site033. Cluster Homes & Keep Size in CheckNo a. Cluster Homes for Land Preservation01 1No b. Conserve Resources by Increasing Density (10 Units per Acre or Greater) 02 2c. Home Size Efficiency09i. Enter Average Unit Square Footageii. Enter Average Number of Bedrooms/Unit4. Design for Walking & Bicyclinga. Site Has Pedestrian Access Within 1/2 Mile of Community Services: TIER 1: Enter Number of Services Within 1/2 Mile 1) Day Care 2) Community Center 3) Public Park 4) Drug Store 5) Restaurant 6) School 7) Library 8) Farmer's Market 9) After School Programs 10) Convenience Store Where Meat & Produce are Sold TIER 2: Enter Number of Services Within 1/2 Mile 1) Bank 2) Place of Worship 3) Laundry/Cleaners 4) Hardware 5) Theater/Entertainment 6) Fitness/Gym 7) Post Office 8) Senior Care Facility 9) Medical/Dental 10) Hair Care 11) Commercial Office or Major Employer 12) Full Scale Supermarketi. 5 Services Listed Above (Tier 2 Services Count as 1/2 Service Value) 01ii. 10 Services Listed Above (Tier 2 Services Count as 1/2 Service Value) 01Nob. Development is Connected with A Dedicated Pedestrian Pathway to Places of Recreational Interest Within 1/4 mile01Yesc. Install Traffic Calming Strategies (Minimum of Two): - Designated Bicycle Lanes are Present on Roadways; - Ten-Foot Vehicle Travel Lanes; - Street Crossings Closest to Site are Located Less Than 300 Feet Apart; - Streets Have Rumble Strips, Bulbouts, Raised Crosswalks or Refuge Islands225. Design for Safety & Social GatheringYes a. All Home Front Entrances Have Views from the Inside to Outside Callers 11Nob. All Home Front Entrances Can be Seen from the Street and/or from Other Front Doors01Possible Points© Build It Green Single Family Checklist New Home Version 4.2Page 8 of 11134 PointsAchieved Community Energy IAQ/Health Resources WaterNotesEnter Project NameNo c. Orient Porches (min. 100sf) to Streets and Public Spaces01No d. Development Includes a Social Gathering Space016. Design for Diverse Households (6a. is a Prerequisite for 6b. and 6c.)No a. All Homes Have At Least One Zero-Step Entrance01Nob. All Main Floor Interior Doors & Passageways Have a Minimum 32-Inch Clear Passage Space01No c. Locate Half-Bath on the Ground Floor01No d. Provide Full-Function Independent Rental Unit01Total Achievable Points in Community Design & Planning = 353P. INNOVATION A. Site1. Stormwater Control: Prescriptive Path (Maximum of 3 Points, Mutually Exclusive with PA2.)No a. Use Permeable Paving for 25% of Driveways, Patios and Walkways 01No b. Install Bio-Retention and Filtration Features02No c. Route Downspout Through Permeable Landscape 01No d. Use Non-Leaching Roofing Materials01No e. Include Smart Street/Driveway Design01No2. Stormwater Control: Performance Path (Mutually Exclusive with PA1): Perform Soil Percolation Test and Capture and Treat 85% of Total Annual Runoff 03C. LandscapeYes 1. Meet Local Landscape Program Requirement22D. Structural Frame & Building Envelope1. Design, Build and Maintain Structural Pest and Rot ControlsNo a. Locate All Wood (Siding, Trim, Structure) At Least 12" Above Soil01Nob. All Wood Framing 3 Feet from the Foundation is Treated with Borates (or Use Factory-Impregnated Materials) OR Walls are Not Made of Wood01No2. Use Moisture Resistant Materials in Wet Areas: Kitchen, Bathrooms, Utility Rooms, and Basements [*This credit is a requirement associated with J4: EPA IAP]01 1E. Exterior No1. Vegetated Roof (Minimum 25%)02 2G. PlumbingNo 1. Greywater Pre-Plumbing (Includes Washing Machine at Minimum)01No 2. Greywater System Operational (Includes Washing Machine at Minimum)02No 3. Innovative Wastewater Technology (Constructed Wetland, Sand Filter, Aerobic System)01No 4. Composting or Waterless Toilet02No 5. Install Drain Water Heat-Recovery System01No 6. Install a Hot Water Desuperheater02H. Heating, Ventilation, and Air ConditioningNo1. Humidity Control Systems (Only in California Humid/Marine Climate Zones 1,3,5,6,7) [*This credit is a requirement associated with J4: EPA IAP]01No 2. Design HVAC System to Manual T for Register Design01K. FinishesPossible Points© Build It Green Single Family Checklist New Home Version 4.2Page 9 of 11135 PointsAchieved Community Energy IAQ/Health Resources WaterNotesEnter Project NameNo1. Materials Meet SMaRT Criteria (Select the number of points, up to 5 points)05N. OtherNo 1. Detailed Durability Plan and Third-Party Verification of Plan Implementation022. Educational Signage of Project's Green Features No a. Promotion of Green Building Practices01No b. Installed Green Building Educational Signage 013. Innovation: List innovative measures that meet green building objectives. Enter in the number of points in each category for a maximum of 4 points for the measure in the blue cells. Points achieved column will be automatically fill in based on the sum of the points in each category. Points and measures will be evaluated by Build It Green.No Innovation: Enter up to 4 Points at right. Enter description here0No Innovation: Enter up to 4 Points at right. Enter description here0No Innovation: Enter up to 4 Points at right. Enter description here0No Innovation: Enter up to 4 Points at right. Enter description here0No Innovation: Enter up to 4 Points at right. Enter description here0Total Achievable Points in Innovation = 33+ 2Q. CALIFORNIA CALGreen CODEYesHome meets all applicable CAL Green measures listed in above Sections A - P of the GreenPoint Rated checklist. YRThe following measures are mandatory in the CALGreen code and do not earn points in the GreenPoint Rated Checklist, but have been included in the Checklist for the convenience of jurisdictions.The GreenPoint Rater is not a code enforcement official. The measures in this section may be verified by the GreenPoint Rater at their own discretion and/or discretion of the building official.Yes 1. CALGreen 4.106.2 Storm water management during construction.YYes 2. CALGreen 4.106.3 Design for surface water drainage away from buildings. YYes3. CALGreen 4.303.1 As an alternative to perscriptive compliance, a 20% reduction in baseline water use shall be demonstrated through calculationYYes4. CALGreen 4.406.1 Joints and openings. Annular spaces around pipes, electric cables, conduits, or other openings in plates at exterior walls shall be protectedYYes5. CALGreen4.503.1 Gas fireplace shall be a direct-vent sealed-combustion type. Woodstove or pellet stove shall comply with US EPA Phase II emission limits YYes6. CALGreen 4.505.2 Vapor retarder and capillary break is installed at slab on grade foundations.YYes 7. CALGreen 4.505.3 19% moisture content of building framing materialsYYes8. CALGreen 702.1 HVAC system installers are trained and certified in the proper installation of HVAC systems.YTotal Achievable Points in California Green Code = 00SummaryTotal Available Points in Specific Categories 35 96+ 44110 56Minimum Points Required in Specific Categories50 0 30 5 6 9Total Points Achieved 98 6 41 9 9 33Possible Points© Build It Green Single Family Checklist New Home Version 4.2Page 10 of 11136 PointsAchieved Community Energy IAQ/Health Resources WaterNotesEnter Project NameProject has met all recommended minimum requirements - Total Project Score of At Least 50 Points - Required measures: -A3a: 50% waste diversion by weight -H10a: Compliance with ASHRAE 62.2 Mechanical Ventilation Standards -J2: 15% above Title 24 -N1: Incorporate GreenPoint Rated Checklist into blueprints - Minimum points in specific categories: -Energy (30 points) -IAQ/Health (5 points) -Resources (6 points) -Water (9 points) © Build It Green Single Family Checklist New Home Version 4.2Page 11 of 11137 DR. HIEU DANG RESIDENCE DEVELOPMENT MATERIAL BOARD 14545 FRUITVALE AVENUE, SARATOGA, CA 95070 EXTERIOR WALL: STUCCO TRIM: FOAM TRIM OPT #1: WALL: KM 42 WISE OWL TRIM: KM 412 CARGO OPT #2 WALL: KM 231 SPANISH SAND TRIM: 14 FROST OPT #3: WALL: KM 216 MALIBU BEIGE TRIM: 23 SWISS COFFEE OPT #4: WALL: KM 231 SPANISH SAND TRIM: 412 CARGO 138 DR. HIEU DANG RESIDENCE DEVELOPMENT MATERIAL BOARD 14545 FRUITVALE AVENUE, SARATOGA, CA 95070 ROOFING: VENEER: EAGLE CONCRETE TILE ELDORADO STONE STACKED PONDEROSA GRAY BROWN RANGE 5687 STONE CASTAWAY 139 140 141 142 143 144 145 146 147