HomeMy WebLinkAbout03-14-2012 Planning Commission PacketTable of Contents
Agenda 3
February 22, 2012
Draft Minutes 5
Application PDR 11-0021; 14422 Big Basin Way (517-09-017)
MBA Architects & Klear - The applicant is requesting approval of
a Design Review application to construct a 3,994 square foot,
35-feet tall three story office building located at 14422 Big Basin
Way behind the Mint Leaf Restaurant. The existing two story
single family home will be removed. The existing driveway/alley
would be remodeled into a landscape courtyard to include an
outdoor dining area for the Mint Leaf Restaurant. Staff Contact:
Christopher Riordan (408)868-1235
Staff Report 7
Attachment 1 - Resolution 15
Attachment 2 - Green Building Features (prepared by
applicant)21
Attachment 3 - Neighbor Notification Forms and Public
Outreach Materials (submitted by applicant)23
Attachment 4 - Public hearing notice.27
Attachment 5 - Copy of building elevations reviewed
during the February 8, 2012 Planning Commission
meeting.31
Attachment 6 - Reduced Plans (Exhibit A) .33
Application PDR 10-0021 & SUB 11-0003 & CUP 12-0001;
14651 Big Basin Way (503-25-015); John and Sue Kang / Tom
Sloan - The applicant is requesting approval to replace an
existing 2,430 square foot building with a new 11,557 square
foot mixed-use building. The new building would include three
residential condominium units, one apartment unit, 1,246 square
feet of retail space, and a 7,090 square foot basement parking
garage. Staff Contact: Cynthia McCormick (408) 868-1230.
staff report 45
Resolution 56
Negative Declaration 64
Noticing 86
Neighbor Comments 94
Arborist Report 101
Geotechnical Review 111
Traffic Review 113
Peer Review of Traffic Memo 115
Greenpoints checklist 116
Plans 128
1
Application ZOA 11-0004; City of Saratoga - . Staff Contact:
Cynthia McCormick (408) 868-1230. The proposed changes to
City Code Article 15-30 (Sign Ordinance) (1) eliminate direct
references to content in conformance with the First Amendment
of the U.S. Constitution; (2) generally keep or increase the
standards for sign size, design, placement, lighting, materials,
and type of sign structures; and (3) include the creation of sign
districts.
staff report 147
Resolution 149
Findings (Exhibit 1)151
Proposed Sign Ordinance (Exhibit A)155
Current Sign Ordinance 174
Summary Table of Changes 188
Outreach Flyers 198
Sign District Map 203
Application PDR 08-0029 & VAR08-0001; 21216 Bank Mill
Road 503-55-005); Sharma / Nielsen Architects - Per City Code
Section 15.45.060 (a)(1), the applicant requests Design Review
approval to construct a new two-story, single-family residence
with a basement. The total floor area (not including the 1,413
sq. ft. of basement not included) would be 4,178 sq. ft. Per City
Code 15.12.061 (a), the applicant requests a variance to locate
the building footprint underneath the dwelling unit that exceeds
thirty percent slope. Eight trees are requested for removal to
construct the project. Those trees have met the criteria for
removal, and may be removed and replaced once Building
Division permits have been issued for the project. Staff Contact:
Michael Fossati (408)868-1212.
Staff Report - 21216 Bank Mill Road 204
Att. 1 - Resolution - 21216 Bank Mill Rd.212
Att. 2 - Geotechnical Clearance 218
Att. 3 - Arborist Report 221
Att. 4 - Build-it-Green Checklist 228
Att. 5 - Past Neighbor Notifications 239
Att. 6 - Recent Neighbor Notifications 241
Att. 7 - Plan Set, Exhibit "A"245
2
AGENDA
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, March 14, 2012
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777
FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
Action Minutes from the Regular Planning Commission Meeting of February 22, 2012
COMMUNICATIONS FROM COMMISSION & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the Public will be allowed to address the Planning Commission for up to three (3) minutes on matters
not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such
items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under
Planning Commission direction to Staff.
Oral Communications – Planning Commission Direction to Staff
REPORT OF APPEAL RIGHTS
If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk
within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b).
PUBLIC HEARING
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.
1. Application PDR 11-0021; 14422 Big Basin Way (517-09-017) MBA Architects & Klear - The applicant is
requesting approval of a Design Review application to construct a 3,994 square foot, 35-feet tall three story
office building located at 14422 Big Basin Way behind the Mint Leaf Restaurant. The existing two story
single family home will be removed. The existing driveway/alley would be remodeled into a landscape
courtyard to include an outdoor dining area for the Mint Leaf Restaurant. Staff Contact: Christopher
Riordan (408)868-1235
Recommended action:
Staff recommends the Planning Commission adopt Resolution 12-002 approving Design Review PDR11-
0021 subject to conditions of approval.
2. Application PDR 10-0021 & SUB 11-0003 & CUP 12-0001; 14651 Big Basin Way (503-25-015); John and
Sue Kang / Tom Sloan - The applicant is requesting approval to replace an existing 2,430 square foot
building with a new 11,557 square foot mixed-use building. The new building would include three
residential condominium units, one apartment unit, 1,246 square feet of retail space, and a 7,090 square
foot basement parking garage. Staff Contact: Cynthia McCormick (408) 868-1230.
3
Recommended action:
Staff recommends that the Planning Commission adopt Resolution No. 12-007 recommending the City
Council adopt the Negative Declaration; and approve the Design Review, Conditional Use Permit, and
Tentative Map subject to conditions of approval.
3. Application ZOA 11-0004; City of Saratoga - . The proposed changes to City Code Article 15-30 (Sign
Ordinance) (1) eliminate direct references to content in conformance with the First Amendment of the U.S.
Constitution; (2) generally keep or increase the standards for sign size, design, placement, lighting,
materials, and type of sign structures; and (3) include the creation of sign districts. Staff Contact: Cynthia
McCormick (408) 868-1230.
Recommended action:
Staff recommends that the Planning Commission adopt Resolution No. 12-009 recommending the City
Council adopt the updated Sign Ordinance (Article 15-30)
4. Application PDR 08-0029 & VAR08-0001; 21216 Bank Mill Road 503-55-005); Sharma / Nielsen
Architects - Per City Code Section 15.45.060 (a)(1), the applicant requests Design Review approval to
construct a new two-story, single-family residence with a basement. The total floor area (not including the
1,413 sq. ft. of basement not included) would be 4,178 sq. ft. Per City Code 15.12.061 (a), the applicant
requests a variance to locate the building footprint underneath the dwelling unit that exceeds thirty percent
slope. Eight trees are requested for removal to construct the project. Those trees have met the criteria for
removal, and may be removed and replaced once Building Division permits have been issued for the
project. Staff Contact: Michael Fossati (408)868-1212.
Recommended action:
Staff recommends the Planning Commission adopt Resolution No. 12-008 approving PDR08-0029 &
VAR08-0001 subject to conditions of approval.
NEW BUSINESS
DIRECTOR/COMMISSION COMMUNICATION
ADJOURNMENT TO THE NEXT MEETING
- Wednesday, March 28, 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 Planning Commission was posted and available for public review on March 8, 2012 at the City of Saratoga,
13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us.
You can also sign up to receive email notifications when Commission agendas and minutes have been added
to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp.
NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at
www.saratoga.ca.us
4
CITY OF SARATOGA PLANNING COMMISSION
ACTION MINUTES
DATE: Wednesday, February 22, 2012 - 7:00 PM
PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
ROLL CALL
Commissioners – Vice-Chair Tina K. Walia, Mary-Lynne Bernald, Pragati Grover, Joyce Hlava and Yan Zhao
ABSENT
Commissioners Robertson and Reis
PLEDGE OF ALLEGIANCE
MINUTES
Action Minutes from the Regular Planning Commission Meeting of February 8, 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 February 16, 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. Application MOD11-0003 14781 Farwell Avenue (397-20-096) S3 Design Group / Franca - The
applicant requests Design Review approval for an addition (940 square feet on the first floor and 862
square feet on the second floor) to an existing single family residence at 14781 Farwell Avenue. The
second floor addition would be deemed as a legal second dwelling unit. (Michael Fossati) (Approved, 5:0)
2. Application PDR11-0035; 15230 Sobey Road (397-07-107); Dr. David N.K. Wang / Michael Helm -
The applicant is requesting Design Review approval to construct a new twenty-one foot tall 3,510 square
foot single-story home on an unimproved lot at 15230 Sobey Road. (Cynthia McCormick, Planner, AICP)
(Approved, 5:0)
3. Application PDR 10-0021 & SUB 11-0003 & CUP 12-0001; 14651 Big Basin Way (503-25-015); John
and Sue Kang / Tom Sloan - The applicant is requesting approval to replace an existing 2,430 square foot
5
building with a new 11,557 square foot mixed-use building located at 14651 Big Basin Way. The new
building would include three residential condominium units, one apartment unit, 1,246 square feet of retail
space, and a 7,090 square foot basement parking garage. (Cynthia McCormick, Planner, AICP) (Continued
to March 14, 2012 meeting, 5:0)
NEW BUSINESS
DIRECTORS ITEM
COMMISSION ITEMS
COMMUNICATIONS
ADJOURNMENT TO NEXT MEETING – ADJOURNED 7:46 PM
- Wednesday, March 14, 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 February 16, 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
6
REPORT TO THE PLANNING
COMMISSION
Application No./Location: PDR11-0021 – 14422 Big Basin Way
Type of Application: Design Review for a proposed 3,994 square foot, 35-feet
tall three story office building.
Applicant/Owner: MBA Architects/ Susan Klear
Staff Planner: Christopher Riordan, AICP
Meeting Date: March 14, 2012
APN: 517-09-017
14422 Big Basin Way
SUMMARY
7
Application No. PDR11-0021/ 14422 Big Basin Way
ZONING: GENERAL PLAN DESIGNATION:
CH-1 CR (Commercial Retail)
PARCEL SIZE: AVERAGE SLOPE
Net: 3,939 square feet Level Site
GRADING REQUIRED:
None
PROJECT DESCRIPTION:
The applicant requests Design Review approval to construct a proposed 3,994 square foot,
three story, 35-feet tall office building at 14422 Big Basin Way.
The Planning Commission (Commission) reviewed the project during the February 8, 2012
Commission meeting. The Commission suggested to the applicant that the appearance of the
building might be improved if the “Mission” style of the parapet in the northwestern corner
was modified to be consistent with the “straight” parapet design of the remainder of the
building. The Commission continued the public hearing to the meeting of March 14, 2012
to provide an opportunity for the applicant to submit revised plans.
Design Review approval is required pursuant to Saratoga Municipal Code Section 15-
46.040.
STAFF RECOMMENDATION:
Staff recommends the Planning Commission adopt Resolution 12-002 approving Design
Review PDR11-0021 subject to conditions of approval.
PROJECT DETAILS:
Page 2 of 8
8
Application No. PDR11-0021/ 14422 Big Basin Way
Two buildings are currently located on the site. The first building, positioned in the
northwest corner of the site and adjacent to Big Basin Way, is a one story 1,670 square feet
commercial structure and is the location of the Mint Leaf Restaurant. This building will
remain and only minor exterior changes are proposed.
The second building, located behind the Mint Leaf Restaurant and sharing a common wall,
is a 1,964 square foot two story single-family residence. This building is proposed for
removal. According to information supplied by the applicant, the building was originally
constructed circa 1909-1915. The building has horizontal wood siding and wood windows.
The front building was once operated as a grocery store and soda fountain and the residence
was constructed behind it. The building has been owned by the applicant’s family since the
1950’s. A driveway located along the southerly property line provides vehicular access to
the residence.
Project Background
November 30, 2011 - Study Session
The Commission initially reviewed the project during a November 30, 2011 Study Session.
The Commission was generally in favor of the project and provided the following project
related comments to the applicant:
• Relocate the trash containers to the rear of the courtyard and closer to the restaurant
kitchen;
• Consider removing the decorative iron work from the top of the building;
• Increase the design integration of the new building with the Mint Leaf restaurant
through the use of a matching exterior color and trim moulding;
• Consider painting a window or installing a faux window on the north building elevation.
February 8, 2012 – Public Hearing
The Commission most recently reviewed the project during the meeting of February 8, 2012
and continued the public hearing to the meeting of March 14, 2012. The Commission
recommended to the applicant that the buildings architectural compatibility with adjacent
buildings might be improved if the “Mission” style rounded parapet design in the
northwestern corner of the building was redesigned to be a consistent with the “straight”
parapet design of the remainder of the building. The applicant has submitted revised plans
with the following design modifications:
• The design of the parapet on the northwest corner has been modified to be similar in
appearance, height, and color as the parapet of the elevator shaft;
• The northwest corner of the building has been redesigned to include a tower element that
has a similar design and color as the elevator shaft;
• The two circular arched windows in the northwest corner have been replaced with
rectangular windows;
• The color of the window frames and trim for the proposed building and the trim of the
existing restaurant have been changed to “off white”.
PROJECT DATA
Page 3 of 8
9
Application No. PDR11-0021/ 14422 Big Basin Way
CH-1 Zoning
Net Site Area: 3,939 square feet
Proposed Allowable Zoning
Conformance
Site Coverage 3,100 SF (.80) 3,151 SF (.79) Conforms
Setbacks
Front (west)
Left Side (north)
Right Side (south)
Rear (east)
0’-0”
0’-0”
0’-0”
0’-0”
0’-0”
0’-0”
0’-0”
0’-0”
Conforms
Conforms
Conforms
Conforms
Building Height
35 Feet
35 Feet Conforms
Total Project Floor Area
Existing Restaurant
Proposed Office Space
Total
1,670 SF
3,994SF
5,664 SF
CH-1 zone
district does
not have a
maximum floor
area limit
Conforms
Parking (per parking schedule SMC 15-35.060)Spaces Total
Office Use 3,994 net SF/1 space per 200 SF 20 spaces required 20
Restaurant Use
(indoor dining)
1,670 net SF/1 space per 75 SF
22 spaces required
and currently
provided for in
parking district
0
Restaurant Use
(proposed outdoor dining)
200 net SF/1 space per 75 SF
3 spaces 3
Loading Not required for office or restaurant
use less than 5,000 SF in floor area
None Required 0
Required Project Parking 23 Spaces 20+3=23
Surplus Village Parking per
temp. parking waiver
[SMC 15-35.020(k)(3)]
Existing Surplus = 17,671 SF
Proposed Building = 3,087 SF*
Remaining Surplus = 14,584 SF
*Difference between the new floor
area and the existing floor area
(3,994 SF – 907 SF = 3,087 SF)
NA NA
Proposed Project Parking 23 Required Parking Spaces
None Required per
Parking Surplus
None Required per
Parking Surplus
Outdoor Courtyard/Dining Area
The existing driveway/alley between the restaurant and the Wells Fargo bank building
would be remodeled into a landscaped courtyard. The existing iron gates near the sidewalk
would be removed and the concrete driveway would be replaced with paving stones on top
of a compacted gravel base. An outdoor dining area for the restaurant would be located in
the courtyard and separated from the remainder of the courtyard by a six foot tall wooden
fence. A proposed door in the outside wall of the restaurant would provide access to the
outdoor dining area. The courtyard would be landscaped with shrubs and vines. A Japanese
maple tree would be planted within the dining area. The courtyard would be illuminated by
Page 4 of 8
10
Application No. PDR11-0021/ 14422 Big Basin Way
lamps installed on the outside wall of the restaurant and in the ground. The courtyard
would be separated from Big Basin Way by a stucco fence with decorative wrought iron
details. The stucco wall would provide the courtyard a degree of privacy and physical
separation from the street and would screen the view of the backflow preventer from Big
Basin Way. A tube ribbon style bike rack with a five bicycle capacity would be located in
the northwest corner of the courtyard.
Materials and Colors
The building would have a stucco exterior. The front elevation would have a three story
glass and aluminum storefront with decorative wrought iron railing on the second and third
story. A colors and materials board is available on file with the Community Development
Department and will be present at the site visit and public hearing.
Detail Colors and Materials Mfg. &
Specification #
Windows Powder Coated Aluminum / Matte Black Kawneer
Doors Powder Coated Aluminum / Matte Black Kawneer
Building
Ext.
Stucco / Acorn Yellow
Trim /Dove White Benjamin Moore
Iron Details Wrought Iron / Black Custom Manufactured
Building Design
The proposed three story 35-foot tall office building would include a stucco exterior,
decorative wrought iron details, and both arched and rectangular windows. The west side
(front) of the building as viewed from Big Basin Way would have a three story glass and
aluminum storefront with a decorative wrought iron railing on the second and third story to
give the appearance of faux balconies. Only the third story of the left side of the front
elevation would be visible from Big Basin Way as the lower two stories would be located
behind the existing building. No wall openings are proposed for the other three elevations. A
faux rectangular shaped window is proposed for the northern elevation that faces State
Route #9. This faux window would provide visual interest to this otherwise blank wall and
was a suggestion from the November 30, 2011 Planning Commission Study Session.
Parking
The project would not include off-street parking. In November 2007 and May 2008,
comprehensive parking surveys were completed in the Village. The surveys showed that the
Village’s parking demand ranged anywhere from 40 percent to close to 100 percent. This
number depended on the location of the parking spaces. At the time it was determined that
40,890 square feet of surplus floor area could be added in the Village without providing the
required off-street parking. The following table shows the businesses that have utilized the
parking waiver. Currently, approximately 17,671 square feet of surplus floor area remains.
The off-street parking waiver will expire on February 28, 2012.
Page 5 of 8
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Application No. PDR11-0021/ 14422 Big Basin Way
Description Street No. Street Name
Square Feet
to be
Deducted
Square Feet
Remaining
Planet Juice 14410 Big Basin Way 960 40,890
Saratoga Cleaners 14993-95 Big Basin Way 2,270 38,620
S. Cloud Barn Basement 14630 Big Basin Way 1,561 37,059
Blue Rock Shoot Expansion 14523 Big Basin Way 1,616 35,443
Ristorante Da Mario 14441 Big Basin Way 175 35,268
Tollgate Mixed UseBldg. 14639 Big Basin Way 3,628 31,640
Sam Cloud Addition 20640 Big Basin Way 3,798 27,842
The Daily Method - Exercise
Studio 20605 3rd Street 1,134 26,708
The Inn at Saratoga 20645 4th Street 2,052 24,656
Tea's the Season / St. Stan's 14554 Big Basin Way 450 24,206
Cinnabar Outdoor Seating Area 14612 Big Basin Way 275 23,931
Spanish Immersion 14417 Big Basin Way 450 23,481
Belltower Bistro / Bakery 20490
Saratoga-Los
Gatos 5,810 17,671
Proposed Office Building 14422 Big Basin Way 3,087 14,584
Energy Efficiency
The applicant submitted a list of the proposed projects green building features which would
include the following:
• Replacing the existing concrete driveway with permeable pavers;
• Recycled content steel joists and studs;
• Engineered Lumber for beams and joists. Engineered Lumber, also called composite
wood, man-made wood, or manufactured board (often referred to as Oriented Strand
Board, or OSB); includes a range of derivative wood products which are manufactured
by binding the strands, particles, fibers, or veneers of wood, together with adhesives, to
form composite materials. These products are engineered to precise design
specifications which are tested to meet national or international standards;
• High efficiency HVAC systems.
• Low-Volatile Organic Compounds interior paints, coatings, caulks, adhesives, and
sealants. Volatile organic compounds (VOCs) are emitted as gases from certain solids
or liquids;
A complete list of the projects sustainability measured is included as Attachment #2.
Saratoga Village Design Guidelines
The Saratoga Village Design Guidelines (Guidelines) were adopted by City Council in 1991
to implement the design polices of the Saratoga Village Plan. A goal of the Guidelines is to
create usable, attractive pedestrian open spaces wherever possible. The Guidelines
identifies specific Opportunity Sites for special design consideration. A category of these
Opportunity Sites is identified as “Nooks and Crannies” (see page 35 of the Guidelines) and
identifies the existing open area between the Mint Leaf restaurant and Wells Fargo bank as
Village Rendezvous Alley. The Guidelines state that this alley can be improved by
“screening the trash dumpster and providing landscaping.” The proposed improvements to
Page 6 of 8
12
Application No. PDR11-0021/ 14422 Big Basin Way
this alley as part of the proposed project would implement the vision of the Guidelines as
improving pedestrian spaces.
Design Review Findings
The proposed project is consistent with all the following Design Review findings for Multi-
Family and Commercial Structures as stated in Saratoga Municipal Code Section 15-46.040:
(a) Where more than one building or structure will be constructed, the architectural
features and landscaping thereof shall be harmonious. Such features include height,
elevations, roofs, material, color and appurtenances. The project meets this finding in
that the existing Mint Leaf Restaurant building located on site will be painted and new roof
mouldings installed to match the proposed new building. The landscaped interior courtyard
will be utilized by both buildings and will help to integrate both the restaurant and office
uses. This finding can be made in the affirmative.
(b) Where more than one sign will be erected or displayed on the site, the signs shall
have a common or compatible design and locational positions and shall be harmonious
in appearance. The project meets this finding in that the existing wall and window signs for
the Mint Leaf Restaurant will be the only advertising signs on site and these signs have a
compatible design. The proposed project would have an address sign on the wall facing the
sidewalk that which would include the street address and tenant list. This finding can be
made in the affirmative.
(c) Landscaping shall integrate and accommodate existing trees and vegetation to be
preserved; it shall make use of water-conserving plants, materials and irrigation
systems to the maximum extent feasible; and, to the maximum extent feasible, it shall
be clustered in natural appearing groups, as opposed to being placed in rows or
regularly spaced. The project meets this finding in that there is no existing vegetation on
site to be preserved, minimal landscaping is proposed for the courtyard and would have an
irrigation system, and the primary purpose of the small amount of landscaping would be
clustered to screen views of the utility meters and the backflow preventer. This finding can
be made in the affirmative.
(d) Colors of wall and roofing materials shall blend with the natural landscape and be
non-reflective. The project meets this finding in that there is no existing natural landscaping
on site for the project to blend with, the project features a flat roof that is not visible from the
street, and the proposed exterior colors would have a low Light Reflectivity Value (LRV).
This finding can be made in the affirmative.
(e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials
such as composition as approved by the Planning Commission. No mechanical
equipment shall be located upon a roof unless it is appropriately screened. The project
meets this finding in that the project will have composition roofing materials, no HVAC
mechanical equipment would be located on the roof, and the only mechanical equipment
that extends above the parapet would be the elevator which has been integrated into the
design of the building. This finding can be made in the affirmative.
Page 7 of 8
13
Application No. PDR11-0021/ 14422 Big Basin Way
Page 8 of 8
(f) The proposed development shall be compatible in terms of height, bulk and design
with other structures in the immediate area. The project meets this finding in that there
are buildings of similar height located in the Village, the building is setback 61 feet from
Big Basin Way which would reduce the impression of bulk as viewed from the street and
the proposed exterior materials and architectural style would be similar to other buildings in
the Village such as the Saratoga Fire Station.
Neighbor Correspondence and Public Outreach
On May 13, 2011, the applicant mailed a letter of project introduction/description and a
reduced sized set of plans to both the property owners and occupants of adjacent properties.
A copy of the mailing list and neighbor review materials is included as Attachment #3. The
applicant also posted on YouTube a copy of the development plans and an animated video
fly-through of the project for the mailing list to review. On June 14, 2011 the applicant sent
a follow-up postcard to the mailing list in another attempt to solicit comments. The
applicant received only one project related comment which was from a neighboring property
owner at 14421 Big Basin Way (The Bank) with concerns about any a possible lengthy
construction period and their hope that the project would be constructed in a “timely”
manner. The video posted on YouTube can be viewed at the following web address:
http://www.youtube.com/watch?v=pwjHWib2BqA
Staff sent a “Notice of Public Hearing” for the February 8, 2012 meeting to all property
owners within 500 feet of the subject property. The public hearing notice and description of
the project was published in the Saratoga News. No public comments, either positive or
negative, have been received. The Planning Commission continued the public hearing to a
date certain (March 14, 2012) so no additional public noticing was required.
Historic Preservation Commission
The Historic Preservation Commission (HPC) reviewed the historic significance of the
existing residence on September 13, 2011. The HPC unanimously agreed that the building
would not qualify as a Historic Resource and agreed that it could be removed.
ENVIRONMENTAL DETERMINATION: The proposal is Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant Section 15332, “In-Fill
Development Projects”, of the Public Resources Code (CEQA).
Staff Recommendation
Staff recommends the Planning Commission adopt Resolution 12-002 approving Design
Review PDR11-0021 subject to conditions of approval.
ATTACHMENTS:
1. Resolution
2. Green Building Features (prepared by applicant)
3. Neighbor Notification Forms and Public Outreach Materials (submitted by applicant)
4. Public hearing notice.
5. Copy of building elevations reviewed during the February 8, 2012 Planning
Commission meeting.
6. Reduced Plans (Exhibit A) .
14
RESOLUTION NO: 12-002
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING DESIGN REVIEW PDR11-0021
LOCATED AT 14422 BIG BASIN WAY
WHEREAS, on July 28, 2011, an application was submitted by MBA Architects on
behalf of Dr. Susan Klear requesting Design Review approval to construct a new 35-feet tall three
story office building at 14422 Big Basin way. The project has a total floor area of 3,994 square feet.
The site is located within the CH-1 Zoning District (APN 517-09-017).
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 February 8, 2012, the Planning Commission held a duly noticed public
hearing on the subject application, continued the public hearing to the meeting of March 14, 2012,
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 15332, “In-Fill Development Projects”, of the Public
Resources Code.
Section 3: The project is consistent with the following Saratoga General Plan Goals and
Policies: Land Use Goal 13 which provides that the City shall use the Design Review process to
assure that the new construction and major additions thereto are compatible with the site and the
adjacent surroundings; and Conservation Element Policy 6.0 which provides that the City shall
protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new
development; Policy LU2.1 which states that non-residential development shall be confined to sites
presently designated on the General Plan Map for non-residential uses; and Goal LU 12.1 and
Policy LU 12.1 which states the importance of protecting the City’s historic and cultural resources
and enhancing the visual character of the City by encouraging compatibility of architectural styles
that reflect established architectural traditions.
Section 4: The project is consistent with the Saratoga Village Design Guidelines with the
goal to create usable, attractive pedestrian open spaces wherever possible. The proposed
improvements to this alley as part of the proposed project would implement the vision of the
Guidelines as improving pedestrian spaces.
Section 5: 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 and landscaping will
15
Resolution No. 12-002
be harmonious with other buildings on the same site; the site signage will have a compatible design
theme; existing landscaping will be preserved and proposed landscaping will feature water-
conserving plants with an irrigation system; the exterior colors will blend with the natural landscape
and be non-reflective; roofing materials shall be composition and not HVAC equipment will be
located on the roof, and the development will be compatible in terms of height, bulk and design with
other structures in the immediate area.
Section 6: The City of Saratoga Planning Commission hereby approves PDR11-0021
located at 14422 Big Basin Way, subject to the Findings, and Conditions of Approval attached
hereto as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 14th day of
March 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: ____________________________
Douglas R. Robertson
Chair, Planning Commission
16
Resolution No. 12-002
Exhibit 1
CONDITIONS OF APPROVAL
PDR11-0021 22551 Big Basin Way
(APN 517-09-017)
A. GENERAL
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, grading 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 shall 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 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 24 months the date of
adoption of this Resolution or the Design Review Approval will expire unless extended in
accordance with City Code Section 15-46.050.
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.
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Resolution No. 12-002
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 from the Community Development Director, Owner
and Applicant shall execute a separate agreement containing the details of this required
Agreement to Indemnify, Hold Harmless and Defend, which shall be subject to prior approval
as to form and content by the City Attorney.
B. 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 February 27, 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. All building exterior lighting shall be on a timer or motion detector to ensure that the lights do
not remain on during the evening when the building is not in use. Prior to building permit
issuance, the Applicant shall submit a final exterior lighting plan that complies with Section 15-
35.040(i) of the Zoning Ordinance. Specifically, the plan shall indicate that no exterior lighting
fixtures shall allow direct light rays to leave the project site, or allow direct light sources
(incandescent, fluorescent, or other forms of electric illumination) to be directly visible from
off-site locations. The plan shall also show that light levels will not exceed 100 foot lamberts
anywhere on the property. The plan shall be subject to review and approval by the Planning
Division of the Community Development Department prior to building permit issuance
11. Landscape installation and replacement for screening or ornamentation. A landscaped area
required as a condition of any Design Review Approval shall be planted with materials suitable
for screening or ornamenting the site, whichever is appropriate, and plant materials shall be
replaced as needed to screen or ornament the site.
12. Landscape maintenance. Landscaped areas shall be watered, weeded, pruned, fertilized,
sprayed or otherwise maintained by the Owner as may be prescribed by the Community
Development Department;
13. Plumbing. All plumbing fixtures or irrigation systems shall be water conserving and otherwise
comply with City Code Section 16-75.030.
18
Resolution No. 12-002
14. Construction truck routes. Construction trucks shall only use designated truck routes.
16 Noise limitations during construction. Commercial 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.
Commercial construction shall be prohibited on Saturday, Sunday, and other holidays. A notice
of applicable construction hour restrictions shall be posted conspicuously on site at all times for
all exterior commercial construction activity requiring a City permit.
17. Construction and Demolition Debris Recycling Plan. Because this Design Review Approval
authorizes a construction, remodeling, or demolition project 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. 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 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.
20. 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. 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;
c. This signed and dated Resolution printed onto separate construction plan pages;
19
Resolution No. 12-002
d. 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;
e. All additional drawings, plans, maps, reports, and/or materials required by the Building
Division.
21. Staff shall not approve downgrading to the exterior appearance of the approved project.
Downgrades may include, but are not limited to architectural detailing or similar items. Any
exterior changes to approved plans resulting in a downgrade shall require filing an additional
application and fees for review by the Planning Commission as a modification to approved
plans. Any other exterior changes to the approved plans, which are not deemed a downgrade by
staff, shall require approval in compliance with condition A.3 above.
C. PUBLIC WORKS
22. Public Works Department. The applicant (owner) shall replace existing driveway approach and
sidewalk at the property frontage on Big Basin Way. Applicant (owner) shall obtain an
encroachment permit for any and all improvements in the City right-of-way or City easement
prior to commencement of the work to implement this Design Review.
D. FIRE SAFETY OR FIRE AGENCY REQUIREMENTS
23. Fire Agency Conditions. Applicant shall comply with all Fire Agency conditions.
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REPORT TO
THE PLANNING COMMISSION
Meeting Date: March 14, 2012
Application No: PDR 10-0021 & SUB 11-0003 & CUP 12-0001
Type of Application: Design Review/Conditional Use Permit/
Tentative Subdivision/Negative Declaration
Location / APN: 14651 Big Basin Way / 503-25-015
Owner/Applicant: John and Sue Kang / Tom Sloan
Staff Planner: Cynthia McCormick, Planner, AICP
14651 Big Basin Way
Page 1 of 11
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SUMMARY
ZONING GENERAL PLAN DESIGNATION
Commercial Historic (CH2) Commercial Retail (CR)
PARCEL SIZE AVERAGE SLOPE
31,978 gross s.f. (25,784 net s.f.) 36.16%
GRADING REQUIRED
Cut 172 c.y (Basement Cut 3,215 c.y.)
PROJECT DESCRIPTION: The applicant is requesting approval to replace an existing 2,430 square
foot building with a new 11,557 square foot mixed-use building located at 14651 Big Basin Way.
The new building would include three residential condominium units, one apartment unit, 1,246
square feet of retail space, and a 7,090 square foot basement parking garage.
STAFF RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution
No. 12-007 adopting the Negative Declaration and approving the Design Review, Conditional
Use Permit, and Tentative Map subject to the conditions of approval.
Application No. PDR 10-0021 & CUP 12-0001 & SUB 11-0003; 14651 Big Basin Way Page 2 of 11
46
PROJECT DATA:
Net Lot Size:
25,784 square feet
Proposal Allowed
Density: 4 units 11 units (20 units per net acre)
Floor Area:
Condominiums
Apartment
Common Space
Total Residential:
Retail/Restrooms
Entry / Trash Enclosure
Total Floor Area
7,938 SF (2,646 x 3)
1,570 SF
195 SF
9,703 SF
1,246 SF
608 SF
11,557 SF
The residential portion may be greater than 50% if
approved by the Planning Commission (see findings)
Building Coverage 1 : 8,412 sq. ft. (33%) 60% Maximum
Open Space: 22,083 sq. ft. (86%) 20% Minimum
Setbacks:
Front:
Rear
Side
Side
15 ft.
191 ft.
5 ft.
1 ft.
Minimum
15 ft.
54 ft.
0
0
Height:
Lowest elevation pt.
Highest elevation pt.
Average
Topmost elevation pt.
Maximum height
Building 1:
519.05
519.05
519.05
545.00
26 ft.
Building 2:
510.96
519.04
515.00
541.00
26 ft.
26ft. Maximum
Parking:
Residential:
Retail:
Total:
10 spaces
1 space
11 spaces
10 spaces (1 garage space, 1.5 additional spaces per unit)
3 spaces (1 space per 500 sf of “extensive retail” use)
13 spaces
1 In commercial and multi-family zones the site coverage includes structures only and places no limitation on impervious
coverage.
Application No. PDR 10-0021 & CUP 12-0001 & SUB 11-0003; 14651 Big Basin Way Page 3 of 11
47
PROJECT DESCRIPTION AND SITE CHARACTERISTICS
This applicant is seeking approval of a Tentative Map, Conditional Use Permit and Design Review
pursuant to City Code Sections 14-20.070, 15-58.020(c), and 15-46.040 respectfully.
Tentative Map: The applicant is requesting approval of a tentative map to create three (3)
residential condominiums in addition to a common area which includes the retail use, apartment,
private driveways that provide on-site circulation for the site and common land areas. The units are
proposed for individual ownership (condominiums only own air space), with maintenance of the
common area to be the responsibility of a homeowners association (HOA). The attached resolution
lists conditions of approval that must be met prior to recordation of a final map. The conditions
relate primarily to improvement plans that show the boundary of the lot that will be shown upon the
Tract Map. The applicant will also be required to provide documentation (e.g., Covenants,
Conditions and Restrictions) that set the legal parameters of the condominiums and the HOA. The
Final Map approval requires an action by the City Council prior to recordation of the map. The
applicant meets the required findings for a tentative map, as detailed on pages 7 and 8 of this report.
Conditional Use Permit: Mixed-use developments are a conditional use in the CH-2 zoning
district. The percentage of residential floor area on the mixed-use site may be greater than fifty
percent if the Planning Commission makes certain findings. The applicant meets the required
findings, as detailed on pages 10 and 11 of this report.
Design Review: A mixed-use project with commercial and residential uses requires design
review approval. The Planning Commission shall not grant design review approval unless it is
able to make certain findings. The applicant meets the required findings, as detailed on pages 8
and 9 of this report.
Site Description: The project is located at 14651 Big Basin Way, west of 6th Street, in the CH-2
zoning district. The site is approximately 31,978 (25,784 net) square feet in area with an average
slope of approximately 36.16%. The steepest part of the property is in the center of the lot after
which point it slopes down to the creek where it flattens out slightly then drops down again as it
gets closer to the creek. The site contains an existing 2,430 square foot residence which includes
a licensed home occupation for the pottery business.
Project Description: The existing building and hardscape would be demolished. Each of the
three (3) condominiums would have 2,646 square feet of floor area. The residential apartment
would have 1,570 square feet of floor area. Residential common space on the second floor would
constitute 195 square feet of floor area. The total residential portion is 9,703 square feet in area.
The retail portion of the project would be 1,246 square feet in area. Both the residential and retail
portions of the building would be served by a 418 square foot covered entry and a 190 square
foot trash enclosure. The closest building is setback approximately 150 feet from the top of the
creek bank where only 50 feet is required
Application No. PDR 10-0021 & CUP 12-0001 & SUB 11-0003; 14651 Big Basin Way Page 4 of 11
48
Architectural Style: The project has been designed in a contemporary style with Japanese and
Korean influences. The exterior would be finished with an integral smooth troweled limestone
color. The architecture would be accented by wood throughout including the entry, siding, doors,
railing, and trellis. The wood clad windows and steel awnings help break up the mass of the two-
story building and create a sense of openness. The expansive windows on the façade also
highlight the retail pottery space within the building. The low pitch of the roof is not visible yet a
parapet with wood beams and corbels add depth and reduce the perception of bulk and mass.
Detail Colors and Materials
Exterior Limestone colored integral smooth troweled stucco
Trim Dark Stain Wood
Windows Dark Bronze Metal Clad Wood Trim
Retail Entry Door Dark Bronze Metal Clad Wood Trim
Balcony Door Dark Bronze Metal Clad Wood Trim
Roof “Cool” colored weather-proof composite (hidden behind parapet)
Siding Medium Stain Wood
Open Space: In accordance with City Code Section 15-58.020(g), the project would provide
adequate open space including a private courtyard and public access to the creek and other outdoor
space. Approximately 86% of the net lot is open space, where 20% is required. Each condominium
would have a private balcony overlooking the creek and the apartment would have two balconies.
Screening from noise and privacy impacts: The building massing, additional setbacks, and
window placement would provide adequate privacy protection. In accordance with City Code
Section 15-58.020(i), the project shall have sound walls and landscape screening in order to
protect the privacy of abutting residences.
Parking: As shown in the table, the project requires 10 residential parking spaces and 3 retail
parking spaces. The project would provide 11 parking spaces including six (6) dedicated garage
spaces and five (5) open parking spaces all located within an underground parking structure. City
Code Section 15-35.020(k) provides that no off-street parking shall be required of any new structure
in any C-H district until such time as the ‘surplus floor area’ (i.e., surplus parking) has been
allocated. As of February 7, the remaining surplus floor area was 17,671 square feet or the
equivalent of approximately 39 parking spaces. Thus, the shortage of two parking spaces for the
project could be met through the City’s surplus parking allowance. Furthermore, City Code Section
15-58.020(d) provides that the Planning Commission may approve shared parking if it determines
that the project will not result in adverse impacts on adjacent uses. Based on the traffic analysis
discussed below, the 11 parking spaces proposed for the project could be considered adequate.
Thus, staff recommends that shared parking be allowed.
Traffic Analysis: An evaluation prepared by the applicant’s traffic consultant (attachment 8), and
peer reviewed by the City traffic consultant (attachment 9), determined that trips generated by the
project are not likely to cause any significant impacts on the surrounding transportation network.
Application No. PDR 10-0021 & CUP 12-0001 & SUB 11-0003; 14651 Big Basin Way Page 5 of 11
49
Arborist Review: The City Arborist has reviewed the project and inventoried 10 protected trees that
may be potentially impacted by construction (attachment 2). The Arborist has approved the
removal of a Japanese maple (#7) and an olive tree (#10). Protective measures and an $80,220 Tree
Protection security deposit are required by the arborist for the remaining eight (8) trees in conflict
with the project. New trees equal to $12,490 in value shall be planted to replace the two (2)
removed trees.
Geotechnical Clearance: The project has been reviewed by the City Engineer and received
geotechnical clearance (Attachment 3). The project requires approximately 2,795 cubic yards of soil
to be exported off site. Grading for the proposed basement garage would require approximately 10-
to 12-feet of excavation below the current elevation of the existing fill pad. Temporary shoring
would be required for safety and for excavations along property lines to prevent adverse offsite
impacts.
Archeological Review: The proposed project is located adjacent to the Saratoga Creek. There are no
known significant Native American, ethnic, cultural, religious or archeological resources, structures
or objects on the project site. Therefore, no preliminary restrictions are being imposed on the
project. However, waterways, including streams and creeks were often places where Native
Americans lived or carried out activities. Thus, if archaeological resources or human remains are
discovered during construction, work shall be halted within a 50-meter radius of the find until a
qualified professional archaeologist can evaluate it. If the find is determined to be significant,
appropriate mitigation measures shall be formulated and implemented. The Resolution includes
Conditions of Approval to this effect.
Historic Evaluation: On August 10 2011, the Heritage Preservation Commission determined
that the existing building on the property is not a heritage resource.
Green Points: The Greenpoints checklist shows a total value of 157 points (Attachment 10).
Green features include drought tolerant landscaping, high efficiency irrigation, noise and
vibration controls, engineered lumber, water efficient fixtures, solar panels, and energy star
appliances.
Neighbor Correspondence: The applicant contacted 13 adjacent neighbors. Four neighbor
notification forms were received by staff (attachment 4). One neighbor was concerned about noise
and the cleanliness of the work site. Another neighbor was concerned about the hours of
construction and the regular pick-up of garbage and debris. The city has standards regulating noise,
construction hours, and construction site control. Any complaints in violations of these standards
will be investigated.
Application No. PDR 10-0021 & CUP 12-0001 & SUB 11-0003; 14651 Big Basin Way Page 6 of 11
50
FINDINGS
Tentative Subdivision Map Findings:
The findings required for issuance of a Tentative Map Approval pursuant to City Code Section 14-
20.070 are set forth below and the Applicant has met the burden of proof to support making all of
those required findings:
Finding #1: The proposed map is consistent with the General Plan and any applicable specific
plans. The proposed parcel is consistent with the General Plan designation of Mixed-Use, which
allows up to 20 dwelling units per acre. The maximum number of units allowed on this site is 11
whereas the proposal is only for 4. The proposed parcel meets and exceeds the minimum lot size
required of 7,500 sq. ft. pursuant to the municipal code. Proposed lot dimensions including width,
depth and frontage meet or exceed the minimums required by the municipal code.
Finding #2: The design or improvement of the proposed subdivision is consistent with the
General Plan and any applicable specific plan. The design and improvements of the proposed
subdivision are consistent with the General Plan. The proposed configuration, access and building
envelopes are consistent with the code and are compatible with the existing density in the project
vicinity. The proposed building coverage meets the maximum allowable coverage for the site. The
building setbacks meet or exceed the development regulations. Design review approval is being
considered concurrently with the Subdivision Map application, as applicable in the Municipal Code,
for a new multi-family development. The project meets the required Design Review findings
addressing appropriate mass, bulk, view, privacy and compatibility issues with the existing adjacent
neighborhoods.
Finding #3: The site is physically suitable for the type of development proposed. The project was
reviewed for geological and geotechnical hazards and constraints present on the site. The applicant
has developed appropriate measures to avoid and/or mitigate those hazards and constraints to the
satisfaction of the City Engineer and City Geotechnical Consultant and has received geotechnical
clearance. The Project Geotechnical Engineer will inspect, test (as needed), and approve all
geotechnical aspects of the project construction. The applicant’s consultant shall complete an
inspection of completed site drainage improvements for conformance with geotechnical
recommendations.
Finding #4: The site is physically suitable for the proposed density of development. The site
meets or exceeds the minimum required area for development of 4 units. The development meets or
exceeds the zoning district standards for the development of condominium units as proposed by this
subdivision. Development of the immediate surrounding area to the west and south is characterized
by multi-family residential uses. Therefore the project is compatible with the surrounding density of
development.
Finding #5: The design of the subdivision is not likely to cause substantial environmental
damage or substantially and avoidable injure fish or wildlife or their habitat. A Negative
Declaration (“ND”) was prepared for the project in accordance with the California
Environmental Quality Act (CEQA) pursuant Section 15070 and following of Title 14, Division
Application No. PDR 10-0021 & CUP 12-0001 & SUB 11-0003; 14651 Big Basin Way Page 7 of 11
51
6, Chapter 3 (“CEQA Guidelines”). The ND is based on an Initial Study which indicates there is
no substantial evidence, in light of the whole record before the City of Saratoga, that the project
may have a significant effect on the environment. The Notice of Intent to adopt a Negative
Declaration was circulated for public review. The IS and ND were available for review from
January 23, 2012 through February 22, 2012.
Finding #6: The design of the subdivision is not likely to cause serious health or safety problems.
The project meets the finding. The Tentative Map has been reviewed by the Planning Department
and the following agencies. West Valley Sanitation District, Santa Clara County Fire Department,
and the City Arborist have provided conditions of approval that shall be met by the applicant. No
comments have been received to date by the Santa Clara Valley Water District, Caltrans, San Jose
Water, Santa Clara County Health Department, Santa Clara County Department of Environmental
Health, Pacific Gas & Electric, or School Districts. The applicant will be required to comply with all
conditions regarding improvements, whether on-site or off-site requested by other Agencies or
Utilities having jurisdiction over the project. All structural improvements to the property will be
reviewed by the Building Department and Public Works Department.
Finding #7: The design of the subdivision will not conflict with easements for access or use. The
title report for the site contains two references to easements. Item 4 of the title report refers to “Any
easement for water course over that portion of land lying within Saratoga Creek.” The project will
maintain the minimum setback from the creekbank and potential flood zone. Item 4 also refers to
easements shown on the Record of Survey (on file with the Community Development Department);
however this map does not show any easements.
Finding #8: The proposed subdivision of land is not subject to a contract executed pursuant to
the Williamson Act. The project site is not under a Williamson Act contract.
Finding #9: The discharge of waste from the proposed subdivision into an existing community
sewer system would not result in violation of existing requirements. The West Valley Sanitation
District of Santa Clara County has reviewed the proposed subdivision (reference correspondence
dated January 23, 2012). The applicant will be required to submit a sewer improvement plan and
on-site privately maintained sewer system designed in accordance with District standards.
Design Review Findings:
The findings required for issuance of a Design Review Approval pursuant to City Code Section
15-46.040 are set forth below and the Applicant has met the burden of proof to support making all
of those required findings:
Finding #1: Where more than one building or structure will be constructed, the architectural
features and landscaping thereof shall be harmonious. Such features include height,
elevations, roofs, material, color and appurtenances. The retail and residential portions of the
property are integrated to be harmonious. The mixed-use development has been designed to meet
the objectives of Village Design Guidelines regarding both the pedestrian nature and commercial
context of the Village. The front elevation highlights the retail pottery studio through the use of
expansive display windows that draw the pedestrian in; while the dark stain wood trim and
Application No. PDR 10-0021 & CUP 12-0001 & SUB 11-0003; 14651 Big Basin Way Page 8 of 11
52
architectural features add depth and visual interest. The exterior includes smooth-troweled
limestone colored plaster, wood siding, and dark bronze metal finishes; colors and materials that
integrate well with the natural surroundings. The basement level parking is in keeping with the
Village Design Guidelines that call for a minimal visual exposure of parking facilities and of
ingress-egress from Big Basin Way. The roof is obscured by a Parapet and distinctive wood
beams and corbels. The proposed height meets the standard for the CH-2 zoning district.
Finding #2: Where more than one sign will be erected or displayed on the site, the signs shall
have a common or compatible design and locational positions and shall be harmonious in
appearance. The proposed signage will be integrated into the architecture of the building. The
signs will be designed in wood and/or metal with a matte finish in keeping with the Village
Design Guidelines.
Finding #3: Landscaping shall integrate and accommodate existing trees and vegetation to be
preserved; it shall make use of water-conserving plants, materials and irrigation systems to the
maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in natural
appearing groups, as opposed to being placed in rows or regularly spaced. New landscaping
will be drought tolerant, California Natives, or other appropriate species. Plants will be grouped
by water needs (hydrozoning) and planting beds will be mulched. High efficiency irrigations
systems will be used to ensure water conservation. The site will include an expansive open space
area; benefiting from the adjacent Saratoga Creek and mature landscaping. The City Arborist has
inventoried 10 protected trees that may be potentially impacted by construction. The Arborist
has approved the removal of two non-native trees. Protective measures and a security deposit are
required to ensure protection of the trees. New trees shall be planted to replace the two removed
trees.
Finding #4: Colors of wall and roofing materials shall blend with the natural landscape and
be nonreflective. The limestone colored exterior, wood siding, dark stain wood trim and railings,
and dark bronze metal finishes blend with the natural environment and are of low reflective
value. The simple flat roof is concealed behind a decorative parapet and distinctive wood beams
and corbels, an architectural form encouraged by the Village Design Guidelines.
Finding #5: Roofing materials shall be wood shingles, wood shakes, tile, or other materials
such as composition as approved by the Planning Commission. No mechanical equipment
shall be located upon a roof unless it is appropriately screened. The roofing is composed of a
high quality composite material designed to withstand the elements in a sustainable and
attractive manner. Mechanical equipment will be screened behind the roof parapet.
Finding #6: The proposed development shall be compatible in terms of height, bulk and
design with other structures in the immediate area. The CH-2 zoning district is the more
residential area of the Village. Although the project contains a retail component, the height of the
proposed building is in keeping with the 26 foot height limit for residential projects, promoting
compatibility with the adjacent properties. The façade along Big Basin Way is designed to take
up a majority of the width of the lot so that there are no “dead spaces”, maintaining a street front
rhythm, reflecting the objectives of the Village Design Guidelines. Also in conformance with the
Village Design Guidelines, the architecture includes horizontal rectilinear building forms and an
Application No. PDR 10-0021 & CUP 12-0001 & SUB 11-0003; 14651 Big Basin Way Page 9 of 11
53
expanse of windows and doors, linking the pedestrian environment outside with the pottery
studio inside.
Mixed-Use Findings:
The findings required for issuance of a Conditional Use Permit for mixed-use projects with an over
50% residential component pursuant to City Code Section 15-58.020(c) are set forth below and the
Applicant has met the burden of proof to support making all of those required findings:
Finding #1: The proposed location of the mixed-use is in accord with the objectives of the
Zoning Regulations and the purposes of the district in which the site is located. The project meets
this finding. Mixed-use developments are allowed in the CH-2 zoning strict with a use-permit. The
project meets the findings required for a use permit as well as the standards set for mixed-use
projects and the CH-2 zoning district. The project meets the following objectives with respect to the
Saratoga Village:
a) Preservation and enhancement of the small-scale, pedestrian character of the Village to make
the area more inviting to potential shoppers and diners. The mixed-use development has been
designed to meet several objectives of the Village Design Guidelines. The residential portion of
the mixed-use project would be located at the rear of the property such that the retail portion of
the project fronts along Big Basin Way. Expansive windows will draw the pedestrian in.
Pedestrians may access the building from Big Basin Way via a covered entry that will protect
them from the elements.
b) Preservation and enhancement of the architectural and landscape quality of the Village. The
exterior colors and materials integrate well with the surrounding landscape. The site contains
80% open space where only 20% is required. Landscaping will be maintained by a
Homeowner’s Association.
c) Encouragement of a town center mix of specialty shops, restaurants, convenience shops,
services and residences. The proposed mixed-use project would provide three picturesque
condominiums facing the creek, a retail pottery studio, and an apartment above the studio for
local and international visitors.
d) Conservation of historic structures. The Heritage Preservation Commission has determined
that the existing building on the property is not a historic structure or heritage resource and
could be demolished.
Finding #2: The proposed location of the mixed-use and the conditions under which it would
be operated or maintained will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity. The Site Plan was reviewed
by the Planning Department, West Valley Sanitation District, Santa Clara County Fire
Department, City Arborist, Santa Clara Valley Water District, Caltrans, San Jose Water, Santa
Clara County Health Department, Santa Clara County Department of Environmental Health,
Pacific Gas & Electric, and School Districts. The applicant will be required to comply with all
conditions regarding improvements, whether on-site or off-site requested by Agencies or Utilities
Application No. PDR 10-0021 & CUP 12-0001 & SUB 11-0003; 14651 Big Basin Way Page 10 of 11
54
Application No. PDR 10-0021 & CUP 12-0001 & SUB 11-0003; 14651 Big Basin Way Page 11 of 11
having jurisdiction over the project. All structural improvements to the property will be reviewed
by the Building Department and Public Works Department.
Finding #3: The proposed mixed-use will comply with each of the applicable provisions of
this Chapter. Mixed-use developments are allowed in the CH-2 zoning strict with a use-permit.
The project meets the findings required for a use permit as well as the standards set for mixed-
use projects and the CH-2 zoning district.
Finding #4: The proposed mixed-use will not adversely affect existing or anticipated uses in
the immediate neighborhood, and will not adversely affect surrounding properties or the
occupants thereof. The mixed-use residential condominiums and retail pottery studio meet the
design review findings required for commercial and multi-family structures. The mixed-use
project is compatible with other nearby multi-family units and commercial establishments.
ENVIRONMENTAL DETERMINATION: The project has been the subject of a Negative Declaration
(“ND”) under the California Environmental Quality Act (CEQA) pursuant Section 15070 and
following of Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). This ND is based on an
Initial Study which indicates there is no substantial evidence, in light of the whole record before
the City of Saratoga, that the project may have a significant effect on the environment. The
Notice of Intent to adopt a Negative Declaration was circulated for public review. The IS and ND
were available for review from January 23, 2012 through February 22, 2012.
ATTACHMENTS:
1. Resolution of Approval for Negative Declaration, Design Review, and Tentative Map
2. Initial Study and Negative Declaration, dated January 23, 2012
3. Public Hearing Notice, Notification Mailing Addresses, Subdivision Distribution List
4. Neighbor Notification forms
5. Arborist Reports, dated December 20, 2011 and January 10, 2012
6. Geotechnical Clearance Letter, dated December 9, 2010
7. Traffic Memo
8. Peer Review of Traffic Memo
9. Green Points Checklist
10. Tentative Subdivision Map, Development Plans, and Color Board (Exhibit "A")
55
RESOLUTION NO. 12-007
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
ADOPTING THE NEGATIVE DECLARATION AND APPROVING THE DESIGN
REVIEW (PDR 10-0021), CONDITIONAL USE PERMIT (CUP 12-0001) AND
TENTATIVE SUBDIVISION MAP (SUB11-0003)
LOCATED AT 14651 BIG BASIN WAY
WHEREAS, on November 8 2010, an application was submitted by Tom Sloan on
behalf of the owners Jongheen Kang and Sue Kang, requesting design review and conditional
use permit approval to construct a mixed-use residential condominium and commercial units
located at 14651 Big Basin Way. The property is located within the Commercial Historic 2
Zoning District (APN 503-23-015); and
WHEREAS, on December 22 2011, an application was submitted by Jongheen Kang and
Sue Kang, requesting tentative map approval for a subdivision that creates air space units and
structures jointly owned as a fraction of the site located at 14651 Big Basin Way; and
WHEREAS, the limits of ownership, whether residential or commercial space, will be
defined on the condominium plans (a part of Covenants, Conditions and Restrictions (CC&R))
that will be prepared together with the tract map and recorded concurrently for three residential
condominiums and two commercial units; and
WHEREAS, a homeowner’s association will be formed to maintain both land and the
buildings; and
WHEREAS, the Community Development Department completed an initial study and
Negative Declaration for the project pursuant to the requirements of the California
Environmental Quality Act (CEQA, Public Resources Code sections 21000-21177), CEQA
Guidelines (14 California Code of Regulations sections 15000-15387), and any other applicable
requirements; and
WHEREAS, the intent to adopt the Negative Declaration (ND) were duly noticed and
circulated for a 30-day public review period from January 23, 2012 through February 22, 2012.
All Interested Parties desiring to comment on the ND were given the opportunity to submit
written and oral comments on the adequacy of the ND up to and including the close of the Public
Hearing on Project before the Planning Commission on March 14, 2012; and
WHEREAS, on March 14, 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. All comments on the Initial Study and Negative
Declaration raised during the public and agency comment period and at the Public Hearing(s) on
the Project were considered by the Planning Commission.
NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds,
determines and resolves as follows:
56
Resolution No. 12-007 Page 2
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference.
Section 2: 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 3: 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.
Section 4: The project meets the burden of proof required to support the conditional use
permit in that the proposed location of the mixed-use development is in accord with the
objectives of the Zoning Ordinance and the purposes of the district in which the site is located;
that the conditions under which it would be operated or maintained will not be detrimental to the
public health, safety or welfare, or materially injurious to properties or improvements in the
vicinity; the proposed conditional use will comply with each of the applicable provisions of this
Chapter; and the proposed conditional use will not adversely affect existing or anticipated uses in
the immediate neighborhood, and will not adversely affect surrounding properties or the
occupants thereof.
Section 5: The Negative Declaration (“ND”) is based on an Initial Study which indicates
there is no substantial evidence, in light of the whole record before the City of Saratoga, that the
project as revised may have a significant effect on the environment.
Section 6: The City of Saratoga Planning Commission hereby adopts the Negative
Declaration and approves application #s PDR 10-0021, CUP 12-0001, and SUB 11-0003, for the
project located at 14651 Big Basin Way, subject to the Conditions of Approval attached hereto as
Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 14th day of
March 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: ___________________________________
Douglas R. Robertson
Chair, Planning Commission
57
Resolution No. 12-007 Page 3
EXHIBIT 1
RECOMMENDED CONDITIONS OF APPROVAL
DESIGN REVIEW & CONDITIONAL USE PERMIT NO. PDR 10-0021 & CUP 12-0001
& SUB 11-0003 LOCATED AT 14651 BIG BASIN WAY
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, grading for
this project shall be issued until proof is filed with the city that a certificate of approval
documenting all applicable permanent or other term-specified conditions has been recorded
by the applicant with the Santa Clara County Recorder’s office in form and content to the
Community Development Director.
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.
2. The Owner and Applicant will be mailed a statement, after the time the Resolution granting
this approval is duly executed, containing a statement of all amounts due to the City in
connection with this application, including all consultant fees (collectively “processing
fees”). This approval or permit shall expire sixty (60) days after the date said notice is
mailed if all processing fees contained in the notice have not been paid in full. No Zoning
Clearance or Demolition, Grading, or Building Permit may be issued until the processing
fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is
maintained).
3. The Project shall maintain compliance with all applicable regulations of the State, County,
City and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga Zoning Regulations incorporated herein by this reference.
4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and
hold the City and its officers, officials, boards, commissions, employees, agents and
volunteers harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on
the subject application, or any of the proceedings, acts or determinations taken, done or
made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
grading work by the Owner and/or Applicant, their successors, or by any person acting on
their behalf.
In addition, prior to any Zoning Clearance from the Community Development Director,
Owner and Applicant shall execute a separate agreement containing the details of this
required Agreement to Indemnify, Hold Harmless and Defend, which shall be subject to prior
approval as to form and content by the City Attorney.
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Resolution No. 12-007 Page 4
5. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans dated February 16, 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.
6. Front yard landscaping. Front yard landscaping shall be installed prior to final inspection or
a bond satisfactory to the Community Development Department 150% of the estimated cost
of the installation of such landscaping shall be provided to the City.
7. Cultural Resources. If archaeological or cultural resources or human remains are discovered,
the following conditions shall be implemented.
a. If significant cultural materials are found during project construction activities, all
construction shall cease within a 50-foot radius of the find in order to proceed with the
testing and mitigation measures required. The City of Saratoga shall be notified, and a
qualified archaeologist shall examine the find and make appropriate recommendations
regarding the significance of the find and the appropriate mitigation. Recommendations
could include collection, recordation, and analysis of any significant cultural material.
Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of the
public Resources Code of the State of California.
b. In the event of the discovery of human remains during construction, there shall be no
further excavation or disturbance of the site or any nearby area reasonably suspected to
overlay adjacent remains. The Santa Clara County Coroner shall be notified and shall
make a determination as to whether the remains are Native American. If the Coroner
determines that the remains are not subject to his authority, he shall notify the Native
American Heritage Commission who shall attempt to identify descendants of the
deceased Native American. If no satisfactory agreement can be reached as to the
disposition of the remains pursuant to this State Law, then the land owner shall re-inter
the human remains and items associated with Native American burials on the property in
a location not subject to further subsurface disturbance.
c. In the event any unrecorded archaeological resources are recorded, it will be the
responsibility of the project archaeologist to (at a minimum) record the location of the
resources on DPR archaeological site forms to be submitted to the Northwest Information
Center (NWIC) at the completion of the project. If it has been determined that additional
earthmoving activities will further disturb the resource, a plan for its evaluation under
current CEQA guidelines should be submitted to the City of Saratoga for approval before
a program of hand excavation is undertaken.
d. If evaluative testing demonstrates that the property contains an archaeological resource
eligible for inclusion on the California Register of Historical Resources, the project
applicant should submit a plan for mitigation of impacts to that resource to the City of
Saratoga for approval before additional data recovery efforts are allowed to proceed in
areas of planned impacts. Mitigation can take the form of additional archaeological
monitoring along with recording and/or removal of significant archaeological materials
and information. Mitigation should also include the analysis and production of a report of
findings at the completion of archaeological fieldwork for submission to the City and the
NWIC.
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Resolution No. 12-007 Page 5
e. After discovery of any significant cultural resources, a final report shall be submitted to
the City of Saratoga. This report shall contain a description of the monitoring and testing
program, a list of the resources found, a summary of the resources analysis methodology
and conclusion, and a description of the disposition/duration of the resources. The report
shall verify completion of the mitigation program to the satisfaction of the City of
Saratoga.
8. Compliance with Tree Regulations and City Arborist Report. All requirements in the City
Arborist Report dated January 10, 2012, are hereby adopted as conditions of approval and
shall be implemented as part of the Approved Plans.
9. Geotechnical Clearance. All requirements in the Geotechnical Clearance memorandum dated
December 9, 2010, and as specified by the City Engineer are hereby adopted as conditions of
approval and shall be implemented as part of the Approved Plans.
10. Prior to submittal of detailed plans for the building permit application, the selected
foundation design alternative shall be clarified. If pier foundations are to be utilized for
buildings near the steep northern slope, then the Project Geotechnical Engineer shall clarify
minimal lateral cover requirements for piers prior to application of passive resistance.
If mat slab foundations are to extend to the northern edges of proposed buildings, then a
grading plan shall be prepared illustrating where existing fill materials will be removed
and replaced along with necessary keyways and benching into in-place material. This
plan shall also indicate final proposed fill slope configurations to the north of proposed
buildings. The Project Geotechnical Engineer shall evaluate any revised grading plan
prior to submittal to the City.
Appropriate documentation to address the above shall be submitted to the City for
review by the City Engineer and City Geotechnical Consultant prior to acceptance of
detailed plans for building permit plan-check.
11. The Project Geotechnical Engineer shall review and approve all geotechnical aspects of the
final development plans (i.e., site preparation and grading, site drainage improvements and
design parameters for foundations) to ensure that the plans, specifications and details
accurately reflect the consultant’s recommendations. The consultant shall specifically
evaluate all geotechnical aspects of proposed project drainage design. Percolation or
discharge of collected storm drainage shall be avoided near the top of site fill slopes.
Drainage discharge shall be designed to minimize potential erosion or adverse slope
instability impacts. Geotechnical aspects of sharing design plans shall be evaluate.
The results of the plan review shall be summarized by the Project Geotechnical
Engineer in a letter(s) and submitted to the City for review by the City Engineer prior to
issuance of permits.
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Resolution No. 12-007 Page 6
12. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all
geotechnical aspects of the project construction. The inspections shall include, but not
necessarily be limited to: site preparation and grading, site surface and subsurface drainage
improvements, and excavations for fill keyways (if applicable), and foundation
construction prior to placement of fill, steel and concrete. The consultant shall complete an
inspection of completed site drainage improvements for conformance with geotechnical
recommendations.
The results of these inspections and the as-built conditions of the project shall be
described by the Project Registered Geotechnical Engineer in a letter(s) and submitted
to the City Engineer for review and approval prior to Final (as-built) Project Approval.
13. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical
Consultant’s review of the project prior to Zone Clearance.
14. 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.
15. THIS CONDITION IS PERMANENT. Deed Restriction: Trail Easement. The property
Owner shall record a deed restriction, satisfactory to the Community Development Director,
dedicating a pedestrian trail easement along Saratoga Creek to the City of Saratoga as
provided in the Trail Easement Agreement and depicted on the Trails Master Plan included in
the Open Space Conservation Element of the City of Saratoga General Plan. A legal
description and plat plan or a verbal trail description shall be prepared for the trail easement
dedication and submitted to the City Public Works Department for review and approval. The
width and exact location of the trail easement is subject to approval by the Public Works
Department. This Trail Easement shall be recorded on the deed prior to issuance of Zoning
Clearance for a Building Permit.
16. Prior to submittal of the Final Map to the City Engineer for examination, the owner (applicant)
shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil
Engineer. The submitted map shall show the existence of a monument at all external property
corner locations, either found or set. The submitted map shall also show monuments set at each
new corner location, angle point, or as directed by the City Engineer, all in conformity with the
Subdivision Map Act and the Professional Land Surveyors Act.
17. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance
with the approved Tentative Map, along with the additional documents required by Section 14-
40.020 of the Municipal Code, to the City Engineer for examination. The Final Map shall
contain all of the information required in Section 14-40.030 of the Municipal Code and shall be
accompanied by the following items:
a. One copy of map checking calculations.
b. Preliminary Title Report for the property dated within ninety (90) days of the date of
submittal for the Final Map.
c. One copy of each map referenced on the Final Map.
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Resolution No. 12-007 Page 7
d. One copy of each document/deed referenced on the Final Map.
e. One copy of any other map, document, deed, easement or other resource that will
facilitate the examination process as requested by the City Engineer.
18. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the
time of submittal of the Final Map for examination.
19. Interior monuments shall be set at each lot corner either prior to recordation of the Final Map or
some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the
setting of interior monuments to a specified later date, then sufficient security as determined by
the City Engineer shall be furnished prior to Final Map approval, to guarantee the setting of
interior monuments.
20. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements
and/or rights-of-way on the Final Map, in substantial conformance with the approved Tentative
Map, prior to Final Map approval.
21. The owner (applicant) shall submit engineered improvement plans to the City Engineer in
conformance with the approved Tentative Map and in accordance with the design and
improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall
be reviewed and approved by the City Engineer and the appropriate officials from other public
agencies having jurisdictional authority, including public and private utility providers, prior to
approval of the Final Map.
Improvement requirements shall include, but not necessarily be limited to:
a. Replace sidewalk and the planting strip between the sidewalk and the roadway on North
side of Big Basin Way along the subdivision frontage per City Standard specifications.
The extent of the sidewalk and planting strip replacement shall be determined by the City
Engineer during the Encroachment Permit application.
b. The owner (applicant) shall obtain an Encroachment Permit from the City for any and all
improvements in any City right-of-way or City easement prior to commencement of the
work. The owner (applicant) shall obtain an Encroachment Permit from Caltrans for any
and all improvements in Caltrans right-of-way prior to commencement of the work.
22. The owner (applicant) shall submit “As-Built” plans showing all modifications made during
construction. Included in “As-Built” plans will be certification about the total impervious
area. If the total project impervious area exceeds the 10,000 square feet threshold for projects
regulated by Provision C.3 of the Municipal Regional Permit, the project will need to comply
with all requirements listed in Provision C.3 at the time the Project’s initial approval by the
City.
23. The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee, as determined
by the Public Works Director, at the time Improvement Plans are submitted for review.
24. The owner (applicant) shall enter into an Improvement Agreement with the City in accordance
with Section 14-60.010 of the Municipal Code prior to Final Map approval.
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Resolution No. 12-007 Page 8
25. The owner/applicant shall comply with requirements of Provision C.3 of National Pollutant
Discharge Elimination System Permit. The applicant shall use and maintain Best Management
Practices (BMP’s) for site design and storm water treatment. The project site shall be designed
to prevent pollutant from being washed into creeks and storm drains. Subdivision Improvement
Grading and Drainage Plan shall incorporate preliminary design, control, and engineered
treatment measures to comply with NPDES permit requirements.
26. The owner (applicant) shall furnish Improvement Securities in accordance with Section 14-
60.020 of the Municipal Code in the manner and amounts determined by the Public Works
Director prior to Final Map approval.
27. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance
coverage, in accordance with Section 14-05.050 of the Municipal Code, prior to Final Map
approval.
28. Prior to Final Map approval, the owner (applicant) shall furnish the City Engineer with
satisfactory written commitments from all public and private utility providers serving the
subdivision guaranteeing the completion of all required utility improvements to serve the
subdivision.
29. The owner (applicant) shall secure all necessary permits from the City and any other public
agencies, including public and private utility providers, prior to commencement of subdivision
improvement construction. Copies of permits other than those issued by the City shall be
provided to City Engineer.
30. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map
approval.
31. All building and construction related activities shall adhere to New Development and
Construction - Best Management Practices as adopted by the City for the purpose of preventing
storm water pollution.
32. Conditions Requested by Other Agencies or Utilities. Applicant shall comply with all
conditions regarding improvements, whether on-site or off-site requested by other Agencies
or Utilities having jurisdiction over the project. Such agencies include but are not limited to
the Santa Clara Valley Water District and Regional Water Quality Control Board. Prior to
issuance of city permits, the applicant must present evidence of permit approval by any such
agencies, as required for any activities within jurisdictional areas of said agencies.
63
DRAFT
Environmental Initial Study
and Negative Declaration
For:
Design Review, Conditional Use Permit, and Subdivision
Owner:
John and Sue Kang
14651 Big Basin Way
Saratoga, CA 95070
Public Review Period:
January 23, 2012 to February 22, 2012
64
City of Saratoga Environmental Initial Study and Negative Declaration
14651 Big Basin Way
Page 2
1. Project title
: PDR11-0010, SUB 11-0003
2. Lead agency name and address
13777 Fruitvale Avenue; Saratoga, CA 95070
: City of Saratoga; Planning Division
3. Contact person and phone number
(408) 868-1230
: Cynthia McCormick AICP, Planner
4. Project location/APN
: 14651 Big Basin Way; Saratoga, CA 95070 / 503-25-015
5. Project sponsor name and address
: John and Sue Kang
6. General plan designation
: Commercial Historic (CH2)
7. Zoning
: Commercial Retail (CR)
8. Description of project
: The project would create three (3) residential condominiums in addition to a
commercial retail and office unit with apartment above. The existing residence/office and hardscape
would be demolished. Each of the three (3) two-story condominiums would have 2,646 square feet
of floor area. The residential apartment would have 1,570 square feet of floor area. Residential
common space on the second floor would constitute 195 square feet of floor area. The retail portion
of the project would be 1,246 square feet in area. Both the residential and retail portions of the
building would be served by a 418 square foot covered entry, 190 square foot trash enclosure, and
basement parking garage. A homeowner’s association would be formed to maintain both land and
the buildings. Three trees protected by City Code have been cleared for removal.
9. Surrounding land uses and setting:
The project is located in the western portion of the City’s
downtown Village and bounded to the north by Saratoga Creek. The site is approximately 31,978
gross square feet in area with an average slope of approximately 36.16%. The steepest part of the
property is in the center of the lot after which point it slopes down to the creek where it flattens out
slightly then drops down again as it gets closer to the creek. The site is surrounded by a mix of
residential and commercial uses including multi-family units across the street, single-family homes
on either side of the subject lot, and several office uses to the northeast of the property.
10. Other public agencies whose review is required
a. Santa Clara County Fire District
b. Santa Clara Valley Water District (SCVWD)
c. Pacific Gas and Electric (PG&E)
d. Santa Clara Valley Transportation Authority (VTA)
65
City of Saratoga Environmental Initial Study and Negative Declaration
14651 Big Basin Way
Page 3
Figure 1: Project Location
66
City of Saratoga Environmental Initial Study and Negative Declaration
14651 Big Basin Way
Page 4
Figure 2 Tentative Parcel Map
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City of Saratoga Environmental Initial Study and Negative Declaration
14651 Big Basin Way
Page 5
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project. Please see the checklist
beginning on page 7 for additional information.
Aesthetics Agriculture and Forestry Air Quality
Biological Resources Cultural Resources Geology/Soils
Greenhouse Gas Emissions Hazards and Hazardous
Materials
Hydrology/Water Quality
Land Use/Planning Mineral Resources Noise
Population/Housing Public Services Recreation
Transportation/Traffic Utilities/Service Systems Mandatory Findings of
Significance
DETERMINATION:
On the basis of this initial evaluation:
X I find that the proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have been
made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION
will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR
or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided
or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions
or mitigation measures that are imposed upon the proposed project, nothing further is required
Signature: Date:
Printed Name: Cynthia McCormick For:
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EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by
the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer
is adequately supported if the referenced information sources show that the impact simply does not apply to
projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer
should be explained where it is based on project-specific factors as well as general standards (e.g., the project
will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as
well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers
must indicate whether the impact is potentially significant, less than significant with mitigation, or less than
significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be
significant. If there are one or more "Potentially Significant Impact" entries when the determination is made,
an EIR is required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation
of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant
Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the
effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be
cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiring, program EIR, or other CEQA process, an effect has
been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a
brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope
of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures
Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier
document and the extent to which they address site-specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential
impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document
should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies
should normally address the questions from this checklist that are relevant to a project's environmental effects
in whatever format is selected.
9) The explanation of each issue should identify:
a) The significance criteria or threshold, if any, used to evaluate each question; and
b) The mitigation measure identified, if any, to reduce the impact to less than significance.
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I. AESTHETICS: Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic vista X
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings within
a state scenic highway
X
c) Substantially degrade the existing visual character or quality
of the site and its surroundings? X
d) Create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area? X
a-b) The site is located on Big Basin Way which represents a portion of State Route 9, a State Scenic
Highway Corridor. The existing residence to be demolished has been determined not to be historically
significant. The proposed structures will not have a significant adverse effect on the scenic value of the
area. The City Arborist has inventoried the site for potential conflict with trees. Three protected trees
meet the criteria for removal, and shall be replaced with trees equal in value.
c) The project has been designed in a contemporary style with a neutral colored smooth troweled stucco
exterior and wood accents including the entry, siding, doors, windows, railing, and trellis. The
architecture helps break up the mass of the two-story building.
d) The project is conditioned such that exterior lighting shall be shielded so as not to shine on adjacent
properties or roadways.
Based on the above discussion, No mitigation is necessary or required in relation to impact on
Aesthetics.
(Source: review of the project, Saratoga General Plan Land Use Element, and Municipal Code §15-45).
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II. AGRICULTURE AND FOREST RESOURCES: In determining whether
impacts to agricultural resources are significant environmental effects, lead
agencies may refer to the California Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the California Dept. of Conservation as
an optional model to use in assessing impacts on agriculture and farmland. In
determining whether impacts to forest resources, including timberland, are
significant environmental effects, lead agencies may refer to information
compiled by the California Department of Forestry and Fire Protection
regarding the state’s inventory of forest land, including the Forest and Range
Assessment Project and the Forest Legacy Assessment Project; and the forest
carbon measurement methodology provided in Forest Protocols adopted by the
California Air Resources Board. Would the project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the California Resources
Agency, to non-agricultural use?
X
b) Conflict with existing zoning for agricultural use, or a Williamson Act
contract? X
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined
in Public Resources Code section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned Timberland Production (as
defined by Government Code section 51104(g))?
X
d) Result in the loss of forest land or conversion of forest land to non-forest
use? X
e) Involve other changes in the existing environment which, due to their location
or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
X
DISCUSSION:
a-e) The property is not zoned for farm or agricultural land uses and it is not under a Williamson Act
contract. No forest land, as defined in Public Resources Code section 12220(g) exists on the property.
Based on the above discussion, No mitigation is necessary or required in relation to impacts on
Agricultural and Forest Resources.
(Sources: Review of the project, City of Saratoga General Plan and Municipal Code §15-13)
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III. AIR QUALITY: Where available, the significance criteria established by the
applicable air quality management or air pollution control district may be relied
upon to make the following determinations. Would the project:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No Impact
a) Conflict with or obstruct implementation of the applicable air quality plan? X
b) Violate any air quality standard or contribute substantially to an existing or
projected air quality violation? X
c) Result in a cumulatively considerable net increase of any criteria pollutant for
which the project region is non- attainment under an applicable federal or state
ambient air quality standard (including releasing emissions which exceed
quantitative thresholds for ozone precursors)?
X
d) Expose sensitive receptors to substantial pollutant concentrations? X
e) Create objectionable odors affecting a substantial number of people? X
DISCUSSION:
The Bay Area Air Quality Management District’s (BAQMD) CEQA Guidelines recommend air quality
significance thresholds, analytical methodologies and mitigation measures for local agencies to use
when preparing air quality impact analyses under CEQA. The BAQMD CEQA Guidelines contain
instructions on how to evaluate, measure, and mitigate air quality impacts generated from land
development construction and operation activities. The Guidelines focus on criteria air pollutant,
greenhouse gas (GHG), toxic air contaminant, and odor emissions generated from plans or projects. The
BAQMD CEQA Guidelines provide screening criteria to determine if a project may have potentially significant
impacts requiring a detailed analysis. This preliminary screening provides the lead agency with a conservative
indication of whether the proposed project would result in the generation of construction-related criteria air
pollutants and/or precursors that exceed the Thresholds of Significance. If all of the Screening Criteria are met,
the construction of the proposed project would result in a less-than-significant impact from criteria air pollutant
and precursor emissions, and the lead agency or applicant would not need to perform a detailed air quality
assessment of their project‘s air pollutant emissions. The project will be conditioned to meet the BAQMD
Screening Criteria.
a-e) Air emissions increases associated with the proposed project would not be considered significant
since the size of the proposed project would not exceed the BAAQMD’s threshold levels for potential
significance. No wood burning fireplaces are proposed. Traffic generated by the project would not have
the potential to generate significant air quality impacts. The proposed project does not involve
construction activities that would result in significant air emissions or changes to regional air quality.
However, project construction activities may result in short-term changes to air quality in the immediate
vicinity of the project site and impacts to sensitive receptors. Temporary increases in emissions may
result from demolition activities, delivery of construction material, earthmoving, and construction. Dust
can be emitted by the action of equipment and vehicles and as a result of wind erosion over exposed
earth surfaces. Grading and earthmoving activities, although minimal, comprise the major source of
construction dust emissions, but traffic and general disturbance of the soil also generate dust emissions.
Short-term impacts would be mostly related to particulate matter emissions, an increase in exhaust
emissions produced during the transport of workers, machinery and construction materials to and from
the site could also occur. Heavy machinery powered by diesel engines that would be used during project
construction may create localized odors during the duration of construction operations. It is unlikely
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that these odors would be noticeable by humans not on the project site. No permanent odors would be
created.
The City requires development applications to include a green points checklist from the Build It Green
program. In conjunction with this checklist the City encourages new development proposals to
incorporate energy conservation and sustainable/green building design though the use of construction
material choices, building orientation and site planning, energy efficient appliances and heating and
cooling systems among other things in an effort to reduce the cumulative impacts of construction on
Climate change.
(Sources: Bay Area Air Quality Management District CEQA Guidelines (online) updated May 2011;
City of Saratoga General Plan and Municipal Code)
The following conditions of approval will be placed on the project
1. The project shall not exceed the applicable screening level size for criteria pollutants and precursors
and Greenhouse Gases (GHG) show in Table 3-1 of the BAQMD CEQA Guidelines.
2. All Basic Construction Mitigation Measures shall be included in the project design and implemented
during construction; and
3. Construction-related activities shall not include any of the following:
a. Demolition activities inconsistent with District Regulation 11, Rule 2: Asbestos Demolition,
Renovation and Manufacturing;
b. Simultaneous occurrence of more than two construction phases (e.g., paving and building
construction would occur simultaneously);
c. Simultaneous construction of more than one land use type (e.g., project would develop
residential and commercial uses on the same site) (not applicable to high density infill
development);
d. Extensive site preparation (i.e., greater than default assumptions used by the Urban Land Use
Emissions Model [URBEMIS] for grading, cut/fill, or earth movement); or
e. Extensive material transport (e.g., greater than 10,000 cubic yards of soil import/export)
requiring a considerable amount of haul truck activity.
The following additional conditions of approval will be placed on the project as required for general
construction:
1) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access
roads) shall be watered two times per day.
2) All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
3) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power
vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
4) All vehicle speeds on unpaved roads shall be limited to 15 mph.
5) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
6) Idling times shall be minimized either by shutting equipment off when not in use or reducing the
maximum idling time to 5 minutes (as required by the California airborne toxics control measure
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Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided
for construction workers at all access points.
7) All construction equipment shall be maintained and properly tuned in accordance with
manufacturer‘s specifications. All equipment shall be checked by a certified visible emissions
evaluator.
8) Post a publicly visible sign with the telephone number and person to contact at the lead agency
regarding dust complaints. This person shall respond and take corrective action within 48 hours. The
Air District‘s phone number shall also be visible to ensure compliance with applicable regulations.
9) Green building materials and strategies shall be incorporated into the construction of the proposed
new residences in accordance with City guidelines and standards.
10) A maximum of one wood-burning fireplace per residence may be installed consistent with City
regulations and BAAQMD guidelines.
Based on the above discussion, No mitigation is necessary or required in relation to impacts on Air
Quality.
IV. BIOLOGICAL RESOURCES: Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive, or special
status species in local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and Wildlife Service?
X
b) Have a substantial adverse effect on any riparian habitat or other sensitive
natural community identified in local or regional plans, policies, regulations or
by the California Department of Fish and Game or US Fish and Wildlife
Service?
X
c) Have a substantial adverse effect on federally protected wetlands as
defined by Section 404 of the Clean Water Act (including, but not limited to,
marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
X
d) Interfere substantially with the movement of any native resident or
migratory fish or wildlife species or with established native resident or
migratory wildlife corridors, or impede the use of native wildlife nursery sites?
X
e) Conflict with any local policies or ordinances protecting biological
resources, such as a tree preservation policy or ordinance? X
f) Conflict with the provisions of an adopted Habitat Conservation Plan,
Natural Community Conservation Plan, or other approved local, regional, or
state habitat conservation plan?
X
DISCUSSION:
a-d) There are no known species identified as a candidate, sensitive, or special status species within the
project area. The development will maintain a significant setback from the creek, thereby reducing any
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potential impacts to riparian habitat, sensitive natural community, native resident or migratory fish or
wildlife species, or federally protected wetlands.
e) The City Arborist has inventoried the site for potential conflict with trees. Three protected trees meet
the criteria for removal, and shall be replaced with trees equal in value.
f) There is no Habitat Conservation Plan, Natural Community Conservation Plan, or other approved
local, regional, or state habitat conservation plan in effect for the project area and no conflict with such a
plan is anticipated.
Based on the above discussion, No mitigation is necessary or required in relation to impacts on Cultural
Resources.
(Sources: Review by City Arborist dated January 10, 2012)
V. CULTURAL RESOURCES: Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the significance of a
historical resource as defined in §15064.5? X
b) Cause a substantial adverse change in the significance of an
archaeological resource pursuant to §15064.5? X
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature? X
d) Disturb any human remains, including those interred outside
of formal cemeteries? X
DISCUSSION:
a-d) There are no known historical resources, archeological resources, paleontological, unique
geological features, or human remains on the property. If archaeological, paleontological, or cultural
resources or human remains are discovered, standard conditions of approval shall be implemented.
Based on the above discussion, No mitigation is necessary or required in relation to impacts on Cultural
Resources.
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VI. GEOLOGY AND SOILS: Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No Impact
a) Expose people or structures to potential substantial adverse effects,
including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other substantial evidence of a known
fault? Refer to Division of Mines and Geology Special Publication 42?
X
ii) Strong seismic ground shaking? X
iii) Seismic-related ground failure, including liquefaction? X
iv) Landslides? X
b) Result in substantial soil erosion or the loss of topsoil? X
c) Be located on a geologic unit or soil that is unstable, or that would
become unstable as a result of the project, and potentially result in on- or
off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
X
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform
Building Code (1994), creating substantial risks to life or property? X
e) Have soils incapable of adequately supporting the use of septic tanks or
alternative waste water disposal systems where sewers are not available
for the disposal of waste water?
X
DISCUSSION: The City’s Geotechnical Consultant reviewed the Geotechnical Investigation Report
prepared by Redwood Geotechnical Engineering, Inc., dated October 26, 2010; Engineering Geologic
Investigation prepared by Steven F. Connelly, C.E.G., dated October 22nd, 2010; and Architectural
Plans (8 sheets, various scales) prepared by Metro Design Group, dated November 5th
, 2010. In
addition, the Geotechnical Consultant reviewed pertinent technical documents and inspected site
conditions. Earthwork quantities proposed for the project include approximately 2,795 cubic yards of cut
material to be exported off the site. Grading for the proposed basement would require approximately 10-
to 12-feet of excavation below the current elevation of the existing fill pad. The City’s Geotechnical
Consultant does not have objections to the completed site investigations or recommended geotechnical
design parameters, and recommends approval of project Geotechnical Clearance conditions that will be
implemented into the resolution of approval.
Based on the above discussion, No mitigation is necessary or required in relation to impacts on geology
and soils.
(Sources: Geotechnical Review, by City Geotechnical Consultant dated December 9, 2010)
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VII. GREENHOUSE GAS EMISSIONS:
An assessment of the greenhouse gas emissions and climate
change is included in the body of environmental document.
While Caltrans has included this good faith effort in order to
provide the public and decision-makers as much information as
possible about the project, it is Caltrans determination that in the
absence of further regulatory or scientific information related to
GHG emissions and CEQA significance, it is too speculative to
make a significance determination regarding the project’s direct
and indirect impact with respect to climate change. Caltrans
does remain firmly committed to implementing measures to help
reduce the potential effects of the project. These measures are
outlined in the body of the environmental document.
Would the project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Less Than
Significant
Impact
No Impact
a) Generate greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
environment?
X
b) Conflict with an applicable plan, policy or regulation adopted
for the purpose of reducing the emissions of greenhouse gases? X
DISCUSSION:
a-b) The project would not generate greenhouse gas emissions, either directly or indirectly, that may
have a significant impact on the environment. The project would not conflict with an applicable plan,
policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. Therefore
no mitigation is necessary or required.
VIII. HAZARDS AND HAZARDOUS MATERIALS:
Would the project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Less Than
Significant
Impact
No Impact
a) Create a significant hazard to the public or the environment through
the routine transport, use, or disposal of hazardous materials? X
b) Create a significant hazard to the public or the environment through
reasonably foreseeable upset and accident conditions involving the
release of hazardous materials into the environment?
X
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter mile of
an existing or proposed school?
X
d) Be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code Section
65962.5 and, as a result, would it create a significant hazard to the
public or the environment?
X
e) For a project located within an airport land use plan or, where such
a plan has not been adopted, within two miles of a public airport or
public use airport, would the project result in a safety hazard for
people residing or working in the project area?
X
f) For a project within the vicinity of a private airstrip, would the project
result in a safety hazard for people residing or working in the project
area?
X
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g) Impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan? X
h) Expose people or structures to a significant risk of loss, injury or
death involving wildland fires, including where wildlands are adjacent
to urbanized areas or where residences are intermixed with wildlands?
X
DISCUSSION:
a-h) The project would not create a significant hazard to the public or the environment through the
routine transport, use, or disposal of hazardous materials. The project would not create a significant
hazard to the public or the environment through reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into the environment The project would not emit hazardous
emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school. The project is not located on a site which is included on a list of
hazardous materials sites compiled pursuant to Government Code Section 65962.5. The project is not
located within an airport land use plan, within two miles of a public airport or public use airport, or
within the vicinity of a private airstrip. The project is located in a Wildland-Urban Interface Fire Area
but would not expose people or structures to a significant risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with
wildlands. The project would not impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan. Therefore no mitigation is necessary or
required in relation to hazards and hazardous materials.
IX. HYDROLOGY AND WATER QUALITY: Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No Impact
a) Violate any water quality standards or waste discharge
requirements? X
b) Substantially deplete groundwater supplies or interfere substantially
with groundwater recharge such that there would be a net deficit in
aquifer volume or a lowering of the local groundwater table level (e.g.,
the production rate of pre-existing nearby wells would drop to a level
which would not support existing land uses or planned uses for which
permits have been granted)?
X
c) Substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river, in a
manner which would result in substantial erosion or siltation on- or off-
site?
X
d) Substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river, or
substantially increase the rate or amount of surface runoff in a manner
which would result in flooding on- or off-site?
X
e) Create or contribute runoff water which would exceed the capacity of
existing or planned stormwater drainage systems or provide substantial
additional sources of polluted runoff?
X
f) Otherwise substantially degrade water quality? X
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g) Place housing within a 100-year flood hazard area as mapped on a
federal Flood Hazard Boundary or Flood Insurance Rate Map or other
flood hazard delineation map?
X
h) Place within a 100-year flood hazard area structures which would
impede or redirect flood flows? X
i) Expose people or structures to a significant risk of loss, injury or death
involving flooding, including flooding as a result of the failure of a levee
or dam?
X
j) Inundation by seiche, tsunami, or mudflow X
DISCUSSION:
a-j) The project will be subject to standard conditions of approval requiring conformance with applicable
water quality and hydrology standards. Given these requirements, the project will not a) violate any
water quality standards or waste discharge requirements; b) substantially deplete groundwater supplies
or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table level; c-d) substantially alter the existing drainage
pattern of the site or area, including through the alteration of the course of a stream or river, in a manner
which would result in substantial erosion or siltation on- or off-site or substantially increase the rate or
amount of surface runoff in a manner which would result in flooding on- or off-site; e) create or
contribute runoff water which would exceed the capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of polluted runoff; f) otherwise substantially degrade
water quality; g) place housing within a 100-year flood hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map; h) place within a
100-year flood hazard area structures which would impede or redirect flood flows; i) expose people or
structures to a significant risk of loss, injury or death involving flooding, including flooding as a result
of the failure of a levee or dam; or j) be subject to inundation by seiche, tsunami, or mudflow.
Based on the above discussion, No mitigation is necessary or required in relation to impacts on
Hydrology and Water Quality Resources.
X. LAND USE AND PLANNING: Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No Impact
a) Physically divide an established community? X
b)Conflict with any applicable land use plan, policy, or regulation of an
agency with jurisdiction over the project (including, but not limited to the
general plan, specific plan, local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or mitigating an environmental effect?
X
c) Conflict with any applicable habitat conservation plan or natural
community conservation plan? X
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DISCUSSION:
a-c) The project involves an application to create three (3) residential condominiums in addition to a
retail pottery business and office unit with apartment above. The project would occur on a a 31,978
gross square foot commercial zoned property which allows for mixed-uses. The proposed project would
not physically divide an established community or conflict with any habitat conservation or natural
community plans of the City of Saratoga. The City of Saratoga General Plan includes numerous goals,
objectives and policies to guide new development. The proposed project does not conflict with any
goals or policies of the City’s General Plan, Subdivision ordinance or Zoning ordinance. Based on the
above discussion, the project does not present the potential for a significant adverse effect on the
environment related to land use and planning. No mitigation is necessary or required in relation to
impacts on Land Use and Planning.
(Sources: Review of the project, Saratoga Municipal Code, Saratoga General Plan Land Use Element)
XI. MINERAL RESOURCES: Would the project: Potentially
Significant Impact
Less Than Significant
with Mitigation
Less Than
Significant Impact
No
Impact
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
X
b) Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local general
plan, specific plan or other land use plan?
X
DISCUSSION:
a-b) The property is not categorized or referenced within the General Plan as having mineral deposits of
value to the region and has not been recognized as being a locally important mineral resource recovery
site. Based on the above discussion, the project does not present the potential for a significant adverse
effect on the environment related to mineral resources. No mitigation is necessary or required in
relation to impacts on Mineral Resources.
(Sources: Review of the project, Saratoga General Plan Open Space Element)
XII. NOISE: Would the project result in: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No Impact
a) Exposure of persons to or generation of noise levels in excess of
standards established in the local general plan or noise ordinance, or
applicable standards of other agencies?
X
b) Exposure of persons to or generation of excessive groundborne vibration
or groundborne noise levels? X
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City of Saratoga Environmental Initial Study and Negative Declaration
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Page 18
c) A substantial permanent increase in ambient noise levels in the project
vicinity above levels existing without the project? X
d) A substantial temporary or periodic increase in ambient noise levels in the
project vicinity above levels existing without the project? X
e) For a project located within an airport land use plan or, where such a plan
has not been adopted, within two miles of a public airport or public use
airport, would the project expose people residing or working in the project
area to excessive noise levels?
X
f) For a project within the vicinity of a private airstrip, would the project
expose people residing or working in the project area to excessive noise
levels?
X
DISCUSSION:
a-d) The project site is subject to several sources of urban noise including vehicular traffic on Big Basin
Way. The project will not a) expose persons to or generation of noise levels in excess of standards
established in the City’s general plan or noise ordinance; b) expose persons to or generate excessive
groundborne vibration or groundborne noise levels; c) create a substantial permanent increase in
ambient noise levels in the project vicinity above levels existing without the project; or d) create a
substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels
existing without the project. e-f) The project is not located within an airport land use plan or within two
miles of a public airport or public use airport or within the vicinity of a private airstrip. Based on the
above discussion, No mitigation is necessary or required in relation to Noise impacts.
(Sources: Saratoga General Plan Noise Element)
XIII. POPULATION AND HOUSING: Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No
Impact
a) Induce substantial population growth in an area, either directly (for example,
by proposing new homes and businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
X
b) Displace substantial numbers of existing housing, necessitating the
construction of replacement housing elsewhere? X
c) Displace substantial numbers of people, necessitating the construction of
replacement housing elsewhere? X
DISCUSSION:
a-c) The project involves the demolition of one single-family home and construction of three
condominiums, an apartment, and a retail pottery business. The neighborhood includes a mix of single-
family homes, multi-family units, and commercial uses. The project does not have the potential to
induce substantial population growth, displace substantial numbers of existing housing, or displace
substantial numbers of people. Based on the above discussion, the project does not present the potential
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City of Saratoga Environmental Initial Study and Negative Declaration
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Page 19
for a significant adverse effect on the environment related to population and housing. No mitigation is
necessary or required in relation to impacts on Population and Housing.
(Sources: Review of the project, Saratoga General Plan Housing Element)
XIV. PUBLIC SERVICES: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No
Impact
a) Would the project result in substantial adverse physical impacts associated
with the provision of new or physically altered governmental facilities, need for
new or physically altered governmental facilities, the construction of which could
cause significant environmental impacts, in order to maintain acceptable service
ratios, response times or other performance objectives for any of the public
services:
Fire protection? X
Police protection? X
Schools? X
Parks? X
Other public facilities? X
DISCUSSION:
a) Fire protection services are provided by the Santa Clara County Fire District. Development of the
project will comply with the most current Building and Fire Code requirements. Police protection is
provided by the Santa Clara County Sheriff’s Office, West Valley Division. The project site is already
served by the Sheriff’s Office, and development of the project would not affect their ability to provide
services. The project site is located in the Los Gatos Union School District and the Saratoga High
School District. Development of the project would result in a negligible increase in the number of school
age children attending local schools. Park in-lieu fees would be collected for any net increase in
residences to help fund improvements to City parks. The City is served by the Santa Clara County
Library System, which has a branch library located in Saratoga. Property taxes and assessments fund the
library operations.
Based on the above discussion, No mitigation is necessary or required in relation to impacts on
Public Services.
(Sources: Review of the project, Saratoga General Plan. Saratoga Municipal Code)
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City of Saratoga Environmental Initial Study and Negative Declaration
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Page 20
XV. RECREATION: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No
Impact
a) Would the project increase the use of existing neighborhood and regional parks
or other recreational facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
X
b) Does the project include recreational facilities or require the construction or
expansion of recreational facilities which might have an adverse physical effect on
the environment?
X
DISCUSSION:
a-b) The project will not significantly increase the use of existing neighborhood, regional or other
recreational facilities, nor does the project require construction or expansion of recreational facilities.
The applicant will be required to pay a park in-lieu fee. The project will require dedication of a trail
easement to connect with other existing trail easements; however the trail is not expected to have an
adverse physical effect on the environment. Based on the above discussion, No mitigation is
necessary or required in relation to impacts on Recreation.
(Source: Review of the project, Saratoga General Plan Open Space Element)
XVI. TRANSPORTATION/TRAFFIC: Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No
Impact
a) Conflict with an applicable plan, ordinance or policy establishing measures of
effectiveness for the performance of the circulation system, taking into account all
modes of transportation including mass transit and non-motorized travel and
relevant components of the circulation system, including but not limited to
intersections, streets, highways and freeways, pedestrian and bicycle paths, and
mass transit?
X
b) Conflict with an applicable congestion management program, including, but not
limited to level of service standards and travel demand measures, or other
standards established by the county congestion management agency for
designated roads or highways?
X
c) Result in a change in air traffic patterns, including either an increase in traffic
levels or a change in location that results in substantial safety risks? X
d) Substantially increase hazards due to a design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses (e.g., farm equipment)? X
e) Result in inadequate emergency access? X
f) Conflict with adopted policies, plans or programs regarding public transit,
bicycle, or pedestrian facilities, or otherwise decrease the performance or safety
of such facilities?
X
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City of Saratoga Environmental Initial Study and Negative Declaration
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Page 21
DISCUSSION:
a-f) The proposed project would include the construction of three condominiums, an apartment, and a
retail pottery business. The project is projected to generate a negligible amount of new vehicle traffic.
The project will not conflict with any City plan, ordinance, or policy or applicable congestion
management program. The proposed project would not result in a change in traffic patterns, substantially
increase hazards due to a design feature, or result in inadequate emergency access. The proposed project
will not conflict with any adopted policies or plans supporting alternative transportation. Therefore no
mitigation is necessary or required in relation to transportation and traffic.
XVII. UTILITIES AND SERVICE SYSTEMS: Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No Impact
a) Exceed wastewater treatment requirements of the applicable Regional
Water Quality Control Board? X
b) Require or result in the construction of new water or wastewater
treatment facilities or expansion of existing facilities, the construction of
which could cause significant environmental effects?
X
c) Require or result in the construction of new storm water drainage
facilities or expansion of existing facilities, the construction of which could
cause significant environmental effects?
X
d) Have sufficient water supplies available to serve the project from existing
entitlements and resources, or are new or expanded entitlements needed? X
e) Result in a determination by the wastewater treatment provider which
serves or may serve the project that it has adequate capacity to serve the
project’s projected demand in addition to the provider’s existing
commitments?
X
f) Be served by a landfill with sufficient permitted capacity to accommodate
the project’s solid waste disposal needs? X
g) Comply with federal, state, and local statutes and regulations related to
solid waste? X
DISCUSSION:
The project involves demolition of an existing residence and construction of three condominiums, an
apartment, and a retail pottery business on a commercial zoned property which allows for mixed-uses.
Water supply to the project site is served by Santa Clara Valley Water and sewer services are provided
by Cupertino Sanitation District. Development of the proposed project would not significantly increase
the demand for water or sanitary sewer facilities. Development of the proposed project would not
significantly increase stormwater runoff compared to existing conditions.
a-c) The project would not a) exceed wastewater treatment requirements of the applicable Regional
Water Quality Control Board; b) require or result in the construction of new water or wastewater
treatment facilities or expansion of existing facilities; c) require or result in the construction of new
storm water drainage facilities or expansion of existing facilities;
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City of Saratoga Environmental Initial Study and Negative Declaration
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Page 22
d-g) The project would d) have sufficient water supplies available to serve the project from existing
entitlements and resources; e) have adequate capacity to serve the project’s projected wastewater
treatment demand in addition to the provider’s existing commitments; f) be served by a landfill with
sufficient permitted capacity to accommodate the project’s solid waste disposal needs; and g) comply
with federal, state, and local statutes and regulations related to solid waste.
Based on the above discussion, No mitigation is necessary or required in relation to impacts on
Utilities and Service Systems.
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No
Impact
a) Does the project have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below self-sustaining levels, threaten
to eliminate a plant or animal community, substantially reduce the number or
restrict the range of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history or prehistory?
X
b) Does the project have impacts that are individually limited, but cumulatively
considerable? ("Cumulatively considerable" means that the incremental
effects of a project are considerable when viewed in connection with the
effects of past projects, the effects of other current projects, and the effects of
probable future projects)?
X
c) Does the project have environmental effects which will cause substantial
adverse effects on human beings, either directly or indirectly? X
DISCUSSION:
This environmental document covers the impacts of the proposed development, which includes an
application for Design Review to construct three condominiums, an apartment, and a retail pottery
business.
GENERAL SOURCE REFERENCES:
1. City of Saratoga General Plan (Land Use, Circulation , Open Space & Conservation, Noise, and
Safety Element)
2. City of Saratoga Zoning Ordinance and Map
PROJECT RELATED SOURCES/REFERENCES:
3. Project Plans
4. Arborist Report prepared by Kate Bear, dated January 10, 2012
5. Geotechnical Review and Clearance, dated December 9, 2010
85
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, February 22 2012 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: PDR11-0010, SUB 11-0003
OWNER: John and Sue Kang
ADDRESS/APN: 14651 Big Basin Way; Saratoga, CA 95070 / 503-25-015
PROJECT DESCRIPTION: The project would create three (3) residential condominiums in
addition to a commercial retail and office unit with apartment above. The existing
residence/office and hardscape would be demolished. Each of the three (3) two-story
condominiums would have 2,646 square feet of floor area. The residential apartment would have
1,570 square feet of floor area. Residential common space on the second floor would constitute
195 square feet of floor area. The retail portion of the project would be 1,246 square feet in area.
Both the residential and retail portions of the building would be served by a 418 square foot
covered entry, 190 square foot trash enclosure, and basement parking garage. A homeowner’s
association would be formed to maintain both land and the buildings. Three trees protected by
City Code have been cleared for removal. The project has been the subject of a Negative
Declaration under the California Environmental Quality Act which is available for review by the
public from January 23 to February 22, 2012.
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
86
TO: Agencies, Organizations, and Interested Parties
SUBJECT: Notice of Intent to Adopt/Notice of Availability for an Initial Study/Negative
Declaration
This serves as the City of Saratoga (City) Notice of Intent to Adopt an Initial Study/Negative
Declaration for the City of Saratoga prepared in accordance with the California Environmental
Quality Act (CEQA), State CEQA Guidelines and local implementation procedures.
APPLICANT: John and Sue Kang
PROJECT LOCATION: 14651 Big Basin Way; Saratoga, CA 95070
PROJECT NUMBER: PDR11-0010, SUB 11-0003
DESCRIPTION OF PROPOSED PROJECT: The project would create three (3) residential
condominiums in addition to a commercial retail and office unit with apartment above. The
existing residence/office and hardscape would be demolished. Each of the three (3) two-story
condominiums would have 2,646 square feet of floor area. The residential apartment would have
1,570 square feet of floor area. Residential common space on the second floor would constitute
195 square feet of floor area. The retail portion of the project would be 1,246 square feet in area.
Both the residential and retail portions of the building would be served by a 418 square foot
covered entry, 190 square foot trash enclosure, and basement parking garage. A homeowner’s
association would be formed to maintain both land and the buildings. Three trees protected by
City Code have been cleared for removal.
COPIES AVAILABLE FOR PUBLIC REVIEW:
The Initial Study and proposed Negative Declaration are available for public review at the Planning
Department at the City of Saratoga City Hall located at 13777 Fruitvale Avenue, Saratoga, CA,
95070 during normal business hours.
NOTICE IS HEREBY GIVEN THAT the City of Saratoga proposes to adopt a Negative
Declaration for the above-cited project. The Negative Declaration is based on the finding that the
Project would not have any significant adverse impacts. The reasons to support such a finding are
documented by an Initial Study prepared by the City of Saratoga. Copies of the Initial Study, the
proposed Mitigated Negative Declaration, and supporting materials are available for review at the
City of Saratoga Community Development Department, 13777 Fruitvale Avenue, Saratoga,
Community Development Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
87
California. For questions regarding the Negative Declaration contact:
Cynthia McCormick, Planner
City of Saratoga Community Development Department
13777 Fruitvale Avenue, Saratoga, CA 95070
Tel.: 408-868-1230
Fax: 408-867-8555
E-Mail: cmccormick@saratoga.ca.us
PUBLIC REVIEW PERIOD:
In accordance with the State CEQA Guidelines, any comments concerning the findings of the
proposed Initial Study/Negative Declaration must be submitted in writing and received by the City of
Saratoga no later than 5:00 p.m. on February 22, 2012, in order to be considered prior to the City’s
final determination on the Project. Should you decide to challenge this Project, you may be limited
to the issues raised during this public review period.
Please mail or email your written comments to Cynthia McCormick, Planner, City of Saratoga,
13777 Fruitvale Avenue, Saratoga, California 95070; cmccormick@saratoga.ca.us
Starting Date: January 19, 2012 Ending Date: February 22, 2012
DATE/TIME PLACE OF PUBLIC HEARING:
The Planning Commission will review the project during a public hearing tentatively scheduled for
February 22, 2012 at 7:00 P.M.
Date: Signature:
Name: Cynthia McCormick
Title: Planner
Telephone: 408-868-1230
88
2/13/2012 Page 1 of 4City of Saratoga
Radius Notification Parcel Report
Parcel Number Parcel Address Owner Name Owner Address Owner City, State Zip
50325007 14573 BIG BASIN WY BIG BASIN LLC 14573 BIG BASIN WY SARATOGA, CA 95070
50325008 14577 BIG BASIN WY FLANAGAN PAUL L AND FRANCES E 14577 BIG BASIN WY SARATOGA, CA 95070
50325012 14625 BIG BASIN WY DAVIES C H PO BOX 2039 SARATOGA, CA 95070
50325013 14639 BIG BASIN WY ZAMBETTI EUGENE L TRUSTEE 14639 BIG BASIN WY SARATOGA, CA 95070
50325015 14651 BIG BASIN WY KANG JONGHOON AND SUE RYUNG 14651 BIG BASIN WY SARATOGA, CA 95070
50325016 14669 BIG BASIN WY FITZSIMMONS JOSEPH J TRUSTEE 14611 BIG BASIN WY UNIT E SARATOGA, CA 95070
50325021 4TH ST S C V W D 4TH ST SARATOGA, CA 95070
50325022 20688 4TH ST PARKER THOMAS E P O BOX 756 CARDIFF BY THE SEA, CA 92007
50325025 14583 BIG BASIN WY PETERSEN CATHLEEN M AND MARK J P.O. BOX 817 LOS GATOS, CA 95031
50325028 14567 BIG BASIN WY FLANAGAN PAUL L AND FRANCES E 14658 NELSON WY SAN JOSE, CA 95124
50325029 14675 BIG BASIN WY FITZSIMMONS JOSEPH J TRUSTEE 14611 BIG BASIN WY UNIT E SARATOGA, CA 95070
50325031 20655 4TH ST SARATOGA CITY OF 4TH ST SARATOGA, CA 95070
50325039 14645 BIG BASIN WY BAHL ANKUSH K 14645 BIG BASIN WY SARATOGA, CA 95070
50326015 14471 SPRINGER AV BARBER ANN D TRUSTEE 14471 SPRINGER AV SARATOGA, CA 95070
50326018 4TH ST S C V W D 4TH ST SARATOGA, CA 95070
50326035 14481 SPRINGER AV SHISHIDO HIROSHI AND NAZILA TR 104 HILL TOP DR LOS GATOS, CA 95032
50326048 14491 SPRINGER AV LIU SHAO-HUNG GERALD AND TAI-H 14491 SPRINGER AV SARATOGA, CA 95070
50328134 CANYON VIEW DR SAN JOSE WATER COMPANY 1265 S. BASCOM AVE SAN JOSE, CA 95128
50359001 BIG BASIN WY SARATOGA OAKS HOMEOWNERS
ASSOC
1935 DRY CREEK RD STE 203 CAMPBELL, CA 95008
50359002 SPRINGER RD S C V W D SPRINGER RD SARATOGA, CA 95070
50359003 SPRINGER AV SARATOGA OAKS HOMEOWNERS
ASSOC
1935 DRY CREEK RD STE 203 CAMPBELL, CA 95008
50360006 14681 SPRINGER AV NEIDER LEROY J 16285 LOS GATOS BL LOS GATOS, CA 95032
50360016 14700 SPRINGER AV SARATOGA OAKS HOMEOWNERS
ASSN
1935 DRY CREEK ROAD #203 CAMPBELL, CA 95008
50361001 14630 SPRINGER CT MARKHOVSKY FELIX AND ISABELLA 14630 SPRINGER CT SARATOGA, CA 95070
50361002 14632 SPRINGER CT DOYLE ELKE S PO BOX 422 OLD LYME, CT 06371
50361003 14634 SPRINGER CT SHANNON 14634 SPRINGER CT.SARATOGA, CA 95070
50361004 14636 SPRINGER CT COMISKY HANNAH S 19324 MONTE VISTA DR SARATOGA, CA 95070
50361005 14638 SPRINGER CT DEVINE ANDREW M ET AL 14638 SPRINGER CT SARATOGA, CA 95070
50361006 14640 SPRINGER CT SHOOR ENID O 14640 SPRINGER CT SARATOGA, CA 95070
50361007 14642 SPRINGER CT NICKERSON 14642 SPRINGER CT SARATOGA, CA 95070
50361008 14644 SPRINGER CT IWANAGA ADRIENNE R TRUSTEE 14644 SPRINGER CT SARATOGA, CA 95070
50361009 14646 SPRINGER CT DESMOND 14646 SPRINGER CT SARATOGA, CA 95070
GEO10 89
Parcel Number Parcel Address Owner Name Owner Address Owner City, State Zip
50361010 14648 SPRINGER CT BAGNATO PATRICIA L TRUSTEE 235 NOB HILL AV LOS GATOS, CA 95032
50361011 14662 SPRINGER AV HLAVA JOYCE A TRUSTEE 14662 SPRINGER AV SARATOGA, CA 95070
50361012 14664 SPRINGER AV COAKLEY RUBY TRUSTEE P O BOX 392 SARATOGA, CA 95071
50361013 14666 SPRINGER AV SYVERTSON CLARENCE A TRUSTEE &14666 SPRINGER AV SARATOGA, CA 95070
50361014 14668 SPRINGER AV GREY LEE S TRUSTEE 14668 SPRINGER AV SARATOGA, CA 95070
50361015 14670 SPRINGER AV THOMPSON KAREN AND JAMES 14670 SPRINGER AV SARATOGA, CA 95070
50361016 14656 SPRINGER AV WOODRUFF ROSEMARIE 14656 SPRINGER AV SARATOGA, CA 95070
50361017 14654 SPRINGER AV CHAMPION DENNIS W TRUSTEE 14654 SPRINGER AV SARATOGA, CA 95070
50361018 14652 SPRINGER AV COMBS ROY E AND ANN TRUSTEE PO BOX 308 SARATOGA, CA 95071
50361019 14650 SPRINGER AV HARTLEY YASUKO F TRUSTEE 14650 SPRINGER AV SARATOGA, CA 95070
50361020 14636 PLACIDA CT KLEINMAN PHYLLIS AND KLEINMAN 14636 PLACIDA CT SARATOGA, CA 95070
50361021 14638 PLACIDA CT FLORSHEIM MARY F 14638 PLACIDA CT SARATOGA, CA 95070
50361022 14640 PLACIDA CT MAO 14640 PLACIDA CT SARATOGA, CA 95070
50361023 14642 PLACIDA CT SALVADORE STEPHANIE A 14642 PLACIDA CT SARATOGA, CA 95070
50361024 14644 PLACIDA CT FRANCIS HELEN G FBO FRANCIS BY 14644 PLACIDA CT SARATOGA, CA 95070
50361025 14646 PLACIDA CT HARPER ERNEST T AND ROSEMARY P 14646 PLACIDA CT SARATOGA, CA 95070
50361026 14648 PLACIDA CT KLEINMAN PROPERTIES LP 14648 PLACIDA CT SARATOGA, CA 95070
50361027 14650 PLACIDA CT BALLARD MICHAEL AND KELLIE PO BOX 59664 POTOMAC, MD 20859
50361028 14652 PLACIDA CT SANDER THOMAS B AND GERDA M 14652 PLACIDA CT SARATOGA, CA 95070
50361029 14654 PLACIDA CT POKHARNA 14654 PLACIDA CT.SARATOGA, CA 95070
50361030 14656 PLACIDA CT BINKLEY, ODE 14656 PLACIDA CT SARATOGA, CA 95070
50361031 14658 PLACIDA CT GUNDERSON PHYLLIS A AND GALEN 14658 PLACIDA CT SARATOGA, CA 95070
50361032 14660 WILD BERRY LN SMITH CHARLES A AND KAREN A TR 14660 WILD BERRY LN SARATOGA, CA 95070
50361033 14662 WILD BERRY LN BRUBAKER ADA M TRUSTEE 14662 WILD BERRY LN SARATOGA, CA 95070
50361034 14664 WILD BERRY LN GOLDSTEIN JANET TRUSTEE 14664 WILD BERRY LN SARATOGA, CA 95070
50361035 14666 WILD BERRY LN TAYLOR RAYMOND M JR 14666 WILD BERRY LN SARATOGA, CA 95070
50367001 14605 BIG BASIN WY FITZSIMMONS KATHLEEN A 14605 BIG BASIN WY SARATOGA, CA 95070
50367002 14611 A BIG BASIN WY FITZSIMMONS KATHLEEN A 14605 BIG BASIN WY SARATOGA, CA 95070
50367003 14611 B BIG BASIN WY FITZSIMMONS MICHAEL D 165 SUMMERFIELD ST DANVILLE, CA 94506
50367004 14611 C BIG BASIN WY FITZSIMMONS KATHLEEN A 14605 BIG BASIN WY SARATOGA, CA 95070
50367005 14611 D BIG BASIN WY BOSCOE MARY B PO BOX 2423 SARATOGA, CA 95070
50367006 BIG BASIN WAY AT&T 3475B North First Street San Jose, CA 95134
50376001 14585 BIG BASIN WY LIN FENG-YING CHEN ET AL 603 FOREST AV PALO ALTO, CA 94301
50376002 14587 BIG BASIN WY CHOW EUGENE AND CHI TELLY T TR 1125 HUMBOLDT RD BRISBANE, CA 94005
50376003 14589 BIG BASIN WY KWEI CATHERINE Y TRUSTEE & ET 1125 HUMBOLDT RD BRISBANE, CA 94005
GEO10 90
Parcel Number Parcel Address Owner Name Owner Address Owner City, State Zip
50376004 14591 BIG BASIN WY HSU DORA HUI-I 14591 BIG BASIN WY SARATOGA, CA 95070
50376005 14593 BIG BASIN WY RUBENSTEIN MICHAEL J TRUSTEE 14593 BIG BASIN WY SARATOGA, CA 95070
50376006 14595 BIG BASIN WY CALVO OVIDIO R JR AND WENDY 14595 BIG BASIN WY SARATOGA, CA 95070
50376007 14597 BIG BASIN WY HIRTH MARK W 14597 BIG BASIN WY SARATOGA, CA 95070
50376008 14599 BIG BASIN WY STEPANCHENKO VADIM D ET AL 14599 BIG BASIN WY UNIT H SARATOGA, CA 95070
50376009 14601 BIG BASIN WY CHEN JUNE F PO BOX 2963 SARATOGA, CA 95070
51707007 20820 BIG BASIN WY DUTRO MARY L TRUSTEE & ET AL 20825 PAMELA WY SARATOGA, CA 95070
51707010 20761 PAMELA WY WHEATLEY SANDRA AND SMERDON
GA
20761 PAMELA WY SARATOGA, CA 95070
51707011 20777 PAMELA WY UENAKA ROBERT T AND KATHLYNN T 20777 PAMELA WY SARATOGA, CA 95070
51707012 20793 PAMELA WY MALLARD JOHN H AND JULIE E TRU 20793 PAMELA WY SARATOGA, CA 95070
51707013 20801 PAMELA WY NOBLES DON W JR AND TRACY G 20801 PAMELA WY SARATOGA, CA 95070
51707014 20825 PAMELA WY DUTRO MARY L TRUSTEE 20825 PAMELA WY SARATOGA, CA 95070
51708001 20701 ST CHARLES ST MARCHETTI WALTER S AND MARILYN 20701 ST CHARLES ST SARATOGA, CA 95070
51708002 14662 6TH ST PALLA LOUISE 8350 RAINTREE AV RIVERSIDE, CA 92504
51708003 14656 6TH ST PALLA LOUISE 8350 RAINTREE AV RIVERSIDE, CA 92504
51708004 14650 6TH ST MAULDIN MICHAEL AND CAROL 15345 BOHLMAN RD SARATOGA, CA 95070
51708005 14630 BIG BASIN WY LONG RUTH M TRUSTEE PO BOX 2095 SARATOGA, CA 95070
51708010 14590 BIG BASIN WY BEHNKE FRANK 14510 BIG BASIN WY UNIT 161 SARATOGA, CA 95070
51708011 14584 BIG BASIN WY STAUSS CHARLES J AND ELSBETH R P.O. BOX 1848 LOS GATOS, CA 95031
51708018 14701 OAK ST ALEXANDER JEANNE TRUSTEE 14701 OAK ST SARATOGA, CA 95070
51708023 14706 6TH ST RINGSRUD RON AND LINDA A 14706 6TH ST SARATOGA, CA 95070
51708024 14700 ST CHARLES ST GINOUVES PAUL T AND FRANCIS GW 14700 ST CHARLES ST SARATOGA, CA 95070
51708025 20731 ST CHARLES ST ESTAHBANATY MOHAMMAD 14240 ELVA AENUE SARATOGA, CA 95070
51708048 14626 BIG BASIN WY HERNANDEZ GLADYS P ET AL 19641 CHARTERS AV SARATOGA, CA 95070
51708053 20713 ST CHARLES ST PADWEKAR KETAN A AND SHILPA K 20713 ST CHARLES ST SARATOGA, CA 95070
51708054 20723 ST CHARLES ST HOFFMAN MARC 20723 ST CHARLES ST SARATOGA, CA 95070
51708055 20729 ST CHARLES ST HARDISTY OSCAR AND ELAINE 20729 ST CHARLES ST SARATOGA, CA 95070
51708056 20719 ST CHARLES ST GOPAL NANDA ET AL 20719 ST CHARLES ST SARATOGA, CA 95070
51708058 ST CHARLES ST BEHNKE CHARLES A SR AND DORIS 13691 BEAUMONT AV SARATOGA, CA 95070
51708065 14602 BIG BASIN WY KNIGHT DELOS L III AND DAY PEG 14602 BIG BASIN WY SARATOGA, CA 95070
51708066 14608 BIG BASIN WY WANG TSAOYU AND TENG FUJU 14608 BIG BASIN WY SARATOGA, CA 95070
51708067 14610 BIG BASIN WY BLOXHAM ALDEN T AND MARCELLE T P O BOX 333 SARATOGA, CA 95071
51708068 14598 BIG BASIN WY SRINIVASAN S AND MALINI TRUSTE 14598 BIG BASIN WY UNIT C SARATOGA, CA 95070
51708069 14598 BIG BASIN WY #A SRINIVASAN S AND MALINI TRUSTE 14598 BIG BASIN WY UNIT C SARATOGA, CA 95070
51708070 14598 BIG BASIN WY SRINIVASAN S AND MALINI TRUSTE 14598 BIG BASIN WY UNIT C SARATOGA, CA 95070
GEO10 91
Parcel Number Parcel Address Owner Name Owner Address Owner City, State Zip
51708077 20711 SAINT CHARLES ST MORIARTY JOSEPH 20711 SAINT CHARLES ST UNIT 5 SARATOGA, CA 95070
51708078 20705 ST. CHARLES ST QUESNEL GREGORY L TRUSTEE PO BOX 555 SARATOGA, CA 95071
51708079 14612 BIG BASIN WY NAZARI HORMOZ AND ROUSSANA 15492 MONTE VISTA CT SARATOGA, CA 95070
51708080 14618 BIG BASIN WY TRAFALGAR INC 247 N THIRD ST SAN JOSE, CA 95112
51708081 14620 BIG BASIN WY SERMONE RICHARD 14620 BIG BASIN WY SARATOGA, CA 95070
50325007 14573 BIG BASIN WY B BIG BASIN LLC 14573 BIG BASIN WY SARATOGA, CA 95070
50325008 14577 BIG BASIN WY D FLANAGAN PAUL L AND FRANCES E 14577 BIG BASIN WY SARATOGA, CA 95070
Affected Parcels 109
GEO10 92
LIST OF AGENCIES RECEIVING COPIES OF THE SUBDIVISION MAP
West Valley Sanitation District
100 E. Sunnyoaks Avenue
Campbell, CA 95008
Pacific Gas & Electric
San Jose Land Rights Office
111 Almaden Blvd. Rm. 814
San Jose, CA 95115
California Department of Transportation
P.O. Box 23600
Oakland, CA 94623-0660
San Jose Water Company
1221 South Bascom Avenue
San Jose, CA 95128
Santa Clara County Department of Environmental Health
P.O. Box 26070
San Jose, CA 95159-6070
Santa Clara Valley Water District
Community Project Review
5750 Almaden Expressway
San Jose, CA 95118
Santa Clara County Health Department
2220 Moorpark Avenue
San Jose, CA 95128
Los Gatos - Saratoga Joint Union High School District
17421 Farley Road West
Los Gatos, CA 95030
Saratoga Union School District
20460 Forrest Hills Drive
Saratoga, CA. 95070
93
94
95
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97
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Page 1 of 8
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 #: ARB10-0050
Prepared by Kate Bear, City Arborist Site: 14651 Big Basin Way
Phone: (408) 868-1276 Owner: John and Sue Kang
Email: kbear@saratoga.ca.us APN: 503-23-015
Email: mindfool@gmail.com
Report History: #1 Date: August 23, 2011
#2 – This report replaces report #1 Revised drawings received by the
City October 19, 2011
December 7, 2011
#3 – This report replaces report #2 December 20, 2011
#4 – This report reviews plans provided Dec. 22, 2011.
There are no major changes required. Report completed January 10, 2012
PROJECT SCOPE
The applicant has submitted plans to remove the existing house and build three new two-story
condominiums and one two story condominium with first floor retail. Each condominium will have
basement parking.
On December 20, 2011 I met with the architect and owner on site to inspect the trees and their
locations to the proposed project. We discussed special construction methods which will be used
near the trees to adequately protect them.
Three trees (#2, 7 and 10) protected by City Code are requested for removal to construct the project.
They meet the criteria for removal, and may be removed and replaced once Building Division
permits have been issued for the project. See the Findings section below for details.
CLEARANCE – with conditions
This project has clearance to proceed from the arborist, with the conditions noted below in the
requirements section.
PLAN REVIEW
Plans Reviewed:
Architectural plans submitted for this project were prepared by Metro Design Group and revised
December 22, 2011. A Boundary Survey (Sheet T-1) was prepared by JLK Associates and dated August
5, 2007. Civil plans were prepared by Westfall Engineers, Inc. and dated December 2011.
Architectural plan sheets reviewed for this report include Sheet A-1, Cover Sheet; Sheet A-2, Site Plan;
Sheet A-2.1, Arborist Report; Sheet A-3, Proposed Basement/Parking Plan; Sheet A-3.1, Proposed First
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Floor Plan; Sheet A-3.2, Proposed Second Floor Plan; Sheets 5, 5.1, and 5.2, Exterior Elevations; and
Sheets 6 and 6.1, Sections.
Civil plans reviewed for this report include Sheet C-1, Tentative Map; and Sheet C-2, Preliminary
Grading and Drainage Plan.
A dissipater structure is indicated in the lower part of the property. To best protect the surrounding trees,
it should be placed so that it is outside of the canopy of any protected tree. Excavation should occur by
hand around the edges of the dissipater pit to a depth of two feet. Roots that measure two inches or greater
should be left intact and worked around. Smaller roots may be cut using a sharp pruning tool.
TREE INFORMATION
Tree Inventory:
Ten trees protected by City Code were inventoried for this report. Inventoried trees include three
coast live oaks (#1, 8 and 9), two Chinese tallow trees (#2 and 3), three coast redwoods (#4, 5 and
6), one Japanese maple (#7) and one European olive (#10). Data for each tree is included in the Tree
Inventory Table at the end of this report. Their locations are shown on the attached site map.
Tree Removals:
Three trees, Chinese tallow #2, Japanese maple #7 and European olive #10, are requested for
removal to construct the project. 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 and 10.
Tree Protection:
Tree #1 is a coast live oak in good condition in the front of the property. This tree significantly
enhances the aesthetic appeal of the street. The architect has marked the location for the proposed
driveway ramp to the underground parking. It is nearly 11 feet from the trunk of the tree and at the
edge of the tree’s canopy. This is sufficient to adequately protect the tree if the following measures
are taken. A trench along the line of excavation should be dug by hand to a depth of 3 feet, and roots
from the oak tree cut prior to performing any excavation for the ramp. After they have been cut, jute
netting or burlap must be placed over the cut roots and kept wet until the area is backfilled. In
addition, to mitigate the loss of roots, this tree should be watered along the area of the driveway cut
within a week of performing the cut if the work will be done between mid-summer and fall.
Walkways under this tree should remain on top of grade and be created of pervious materials, such
as decomposed granite or pavers on sand.
Trees #2 and 3 are Chinese tallow trees in fair condition that grow in the park strip between the
sidewalk and the curb and are protected by City Code. Tree #2 is in conflict with the ramp to the
parking garage. It meets the criteria for removal and replacement as part of the project (see the
Findings section below). Tree #3 can be adequately protected with chain link fencing during
construction.
Trees #4, 5 and 6 are redwood trees in very good condition. In order to best protect them special
measures must be implemented. The architect has indicated that the project will implement
techniques for excavating the basement that do not require any excavation beyond the line of the
basement wall. A field inspection of measurements indicated that the buildings are located farther
from the trees than initially believed, which is better for them and can provide them adequate
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protection. A trench should be hand dug to a depth of three feet along the line of the wall for the
basement, exposing roots without cutting them. Roots should be cut using a sharp pruning tool,
covered with burlap or jute netting (as for the driveway), and kept moist until the wall is completed.
Tree #7 is a multi-trunked Japanese maple in good condition. It is also in conflict with the project. It
is not possible to keep this tree and still build the project. It meets the criteria (see Findings below)
for removal, and may be removed to construct the project.
Tree #8 is a coast live oak in good condition on the neighbor’s property. The civil plans show
drainage for the proposed building under the dripline of this tree. To best protect this tree the
following conditions should be met. Excavation for drainage around the building should remain
outside of the dripline for this tree or utilize special measures such as boring, or excavation by hand
or an Air Spade (a pneumatic device that blows soil away from roots using compressed air and
water). This roots intact, so that roots measuring 2 inches or greater can be retained and preserved.
Drain pipes can be installed underneath exposed, intact roots after excavation or boring.
Tree #9 is a coast live oak in good condition. It can be adequately protected with tree protection
fencing during construction.
Tree #10 is an olive tree in fair condition sandwiched between the existing house and the property
line. It cannot be adequately protected with fencing for the project, and does not serve the site
sufficiently to be retained. The site would be better served with new trees equal to its appraised value
following construction. It meets the criteria for removal (see Findings below).
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 $78,890 and is the total appraised value of trees #1,
3, 4, 5, 6, and 8. 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
Per Article 15-50.080 of the City Code, the project was reviewed for the removal of trees #2, 7 and
10. Tree #2 is a Chinese tallow tree that is a City maintained street tree, tree #7 is a multi-trunked
Japanese maple, and tree #10 is an olive tree. 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. Trees #2, 7 and 10 meet the criteria overall for
removal and may be removed and replaced as part of this project.
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Summary of tree removal met by each tree requested for removal.
Tree # Criteria met Criteria not met Criteria not pertinent
2 1, 4, 5, 7, 9 2, 6 3, 8
7 1, 4, 6, 7, 9 2, 5 3, 8
10 1, 2, 4, 6, 7, 9 5 3, 8
Tree #2 – Chinese tallow tree: This tree is a young street tree growing in the park strip between the
curb and the sidewalk and is maintained by the City. It has fair structure, and a new tree in this
location would do more to enhance the appearance of the street and the property than retention of
this tree.
Tree #2 is a young tree in fair condition which is in conflict with the proposed driveway to the
underground parking for the project, so it meets criterion #1. It does not threaten damage to any
structures, so it does not meet criterion #2. Criterion #3 is not a consideration in this situation, in that
erosion and drainage are not issues. Removal of this tree would improve the aesthetic appearance of
the site and would have an insignificant impact on the shade and privacy of the property, so it meets
criterion #4. Criterion #5 is met in that this tree is close to the oak (tree #1) and will be shaded by it.
The alternative to removing this tree is to redesign the project with the ramp to the parking on the
other side of the lot using the existing driveway, so it does not meet criterion #6. Removal and
replacement of tree #2 is consistent with the intent of this article, which is to replace trees if it is not
practical to retain and preserve them (criterion #7). There is no public health or safety issue with
respect to this tree so criterion #8 does not pertain to this situation. Removal of this tree provides
economic enjoyment to the property owners so it does meet criterion #9.
Tree #7 - Japanese maple: This is a multi-trunked tree in good condition that is in conflict with the
proposed buildings and parking garage. Construction of the basement garage and new buildings
cannot occur without removal of this tree, so it meets criterion #1. The tree does not threaten damage
to the property so it criterion #2 is not met. Erosion and drainage for the property will be addressed
in conjunction with construction of the new garage and buildings, so criterion #3 does not pertain to
the situation. Removal of this tree will have an insignificant impact on the site overall, and there are
other trees, of native species, that are a good size and condition and can be preserved, so removal of
this tree does satisfy criterion #4. This tree is not crowded by other trees so it does not meet criterion
#5. There is no feasible alternative to removing this tree that would allow the construction of the
project. The hillside is too steep to allow a tree spade in to transplant the tree, and there is no room
on the property to plant it, so it meets criterion #6. Removal of this tree meets the intent of the tree
regulations which is to replace trees that cannot be retained and preserved, so it does meet criterion
#7. There are no public health and safety issues with respect to this tree, so this criterion is not met.
Removal of this tree and replacement with new trees does satisfy criterion #9, in that it is necessary
to remove this tree for the owners to realize economic and other enjoyment of the property.
Tree #10 – European olive: Tree #10 is an olive tree in fair condition that grows right next to the
existing building between it and the property line. This tree is in conflict with the proposed new
building so it meets criterion #1. It threatens damage to the existing building if no project is built, so
it meets criterion #2. Erosion control will be address by drainage around the building, so criterion #3
does not pertain to this situation. Removal of this tree will have an insignificant impact on the site
overall, and there are other trees of native species in good condition that can be preserved, so
removal of this tree does satisfy criterion #4. This tree is not crowded by other trees so it does not
meet criterion #5. There are no feasible alternatives to removing the tree, in that, although this
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species transplants well, it is not in good enough condition to warrant its preservation, so it meets
criterion #6. Removal of this tree and replacement with new trees meets the intent of the tree
regulations so it does meet criterion #7. This tree does not present a public health and safety issue, so
criterion #8 does not pertain to the situation. Removal of this tree meets criterion #9, in that its
removal is necessary for economic and other enjoyment of the property and there is no feasible
alternative.
Replacement Trees:
Trees #2, 7 and 10 have a total appraised value of $13,820. It is acceptable to remove these trees and
plant new trees equal to their appraised value as part of the project. No trees may 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. Replacement trees may be planted anywhere on the property. If
there is insufficient room to plant the required number of trees, some or all of the replacement value
may be paid into the City’s Tree Fund in lieu of new trees.
New Construction
Per Section 15-50.120 of the City Code, the project complies with the requirements for the setback
of new construction from existing trees. Special methods will be implemented to minimize
excavation near trees and the impact of construction by trees.
REQUIREMENTS
1. This entire report, including the Tree Inventory Table and map showing locations of trees
and protective fencing, shall be incorporated into the final set of plans and titled “Tree
Preservation”. The previous reports do not need to be included in the final plan set.
2. Tree Protection Security Deposit - $78,890
a. Owner shall obtain, and file with the Community Development Director, a Tree
Protection security deposit for trees #1, 3, 4, 5, 6 and 8, 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. 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.
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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. Utilities shall be shown on the plans. Utilities include, but are not limited to, electrical,
drainage, water, sewer, gas and irrigation for landscaping.
7. The storm water dissipation structure and pipes leading to it shall be placed outside of the
canopies of protected trees. Excavation for the pipes to this structure shall be dug by hand to
a depth of two feet where under the canopy of a protected tree (e.g. #9), leaving roots intact.
Pipes shall be placed under roots.
8. No excavation is permitted under the canopy of any protected tree on site for the installation
of utilities without prior approval from the City Arborist. Approval shall be obtained before
any work takes place. Failure to do so 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.
9. Excavation for the building, driveway, drainage dissipater or other aspects of the project that
are near to trees shall be done in the following manner:
a. If work is being done between July 1 and October 1, one week prior to digging a trench
(see ‘b’ below), trees shall be watered thoroughly along the area where the digging will
occur. Water with 10 gallons of water per inch of trunk diameter. Watering may be done
with a soaker hose.
b. A trench shall be dug by hand to a depth of three feet, leaving all roots measuring 1 inch
or more in diameter intact.
c. Roots shall be cut using a sharp pruning tool.
d. After cutting roots, they shall be covered with jute netting or burlap and kept moist until
walls of driveway or building are completed.
e. Work shall be supervised by an ISA Certified arborist and a letter provided to the City
documenting that this procedure was followed.
10. Trees #2, 7 and 10 meet the criteria for removal and may be removed once Building Division
permits have been obtained.
11. New trees equal to $13,820 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.
12. If there is insufficient room on the property to plant the required number of new trees, some
or all of the replacement value may be paid into the City’s Tree Fund.
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13. Unless otherwise approved by the City Arborist, 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.
14. Any permitted pruning or root pruning of trees on site shall be performed under the
supervision of an ISA Certified Arborist and according to ISA standards.
15. 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.
16. 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
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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.
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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 ValueCoast live oak
1 Quercus agrifolia 18.9 25 80 70 Good High 2 $12,000
Chinese tallow
2 Sapium sebiferum 7.1 10 60 50 Fair Moderate 1 X $1,330
Chinese tallow
3 Sapium sebiferum 6.7 15 60 60 Fair High 2 $1,290
Coast redwood
4 Sequoia sempervirens 21.7 25 80 80 Good High 2 $15,500
Coast redwood
5 Sequoia sempervirens 23.8 25 80 80 Good High 2 $18,600
Coast redwood
6 Sequoia sempervirens 23 25 90 90 Good High 2 $21,200
Japanese maple 5.8, 3.5, 2.7,
7 Acer palmatum 5, 5.3, 5.7 20 80 60 Good Moderate 1 X $10,200
Coast live oak
8 Quercus agrifolia 17.9 30 80 70 Good High 2 X $10,300
Coast live oakCoast live oak
9 Quercus agrifolia 30.7 50 80 70 Good High 4 $13,700
European olive 8.8,
10 Olea europaea 8.3 15 60 50 Fair Low 1 X $2,290
Total appraised value $106,410
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
14651 Big Basin Way
December 20, 2011
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Legend
Tree Protective
Fencing
Tree Canopy
4
3 2
1
6
5
8
7
9
10
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Memorandum of Geotechnical Clearance Conditions
Page 1 of 2
MEMORANDUM
TO: Cynthia McCormick, Project Planner, Community Development Department
CC: John Kang, Owner and Tom Sloan, Agent
FROM: Iveta Harvancik, Senior Engineer
SUBJECT: Geotechnical Clearance Conditions for GEO10-0019 at 14651 Big Basin Way
DATE: December 9, 2010
1. Prior to submittal of detailed plans for the building permit application, the selected
foundation design alternative shall be clarified. If pier foundations are to be utilized for
buildings near the steep northern slope, then RGE shall clarify minimal lateral cover
requirements for piers prior to application of passive resistance.
If mat slab foundations are to extend to the northern edges of proposed buildings, then a
grading plan shall be prepared illustrating where existing fill materials will be removed and
replaced along with necessary keyways and benching into in-place material. This plan shall
also indicate final proposed fill slope configurations to the north of proposed buildings. RGE
shall evaluate any revised grading plan prior to submittal to the City.
Appropriate documentation to address the above shall be submitted to the City for review by
the City Engineer and City Geotechnical Consultant prior to acceptance of detailed plans for
building permit plan-check.
2. The Project Geotechnical Engineer shall review and approve all geotechnical aspects of the
final development plans (i.e., site preparation and grading, site drainage improvements and
design parameters for foundations) to ensure that the plans, specifications and details
accurately reflect the consultant’s recommendations. The consultant shall specifically
evaluate all geotechnical aspects of proposed project drainage design. Percolation or
discharge of collected storm drainage shall be avoided near the top of site fill slopes.
Drainage discharge shall be designed to minimize potential erosion or adverse slope
instability impacts. Geotechnical aspects of sharing design plans shall be evaluate.
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Memorandum of Geotechnical Clearance Conditions
Page 2 of 2
The results of the plan review shall be summarized by the Project Geotechnical Engineer in a
letter(s) and submitted to the City for review by the City Engineer prior to issuance of
permits.
3. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all
geotechnical aspects of the project construction. The inspections shall include, but not
necessarily be limited to: site preparation and grading, site surface and subsurface drainage
improvements, and excavations for fill keyways (if applicable), and foundation construction
prior to placement of fill, steel and concrete. The consultant shall complete an inspection of
completed site drainage improvements for conformance with geotechnical recommendations.
The results of these inspections and the as-built conditions of the project shall be described by
the Project Registered Geotechnical Engineer in a letter(s) and submitted to the City Engineer
for review and approval prior to Final (as-built) Project Approval.
4. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical
Consultant’s review of the project prior to Zone Clearance.
5. 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.
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Memorandum
Date: July 27, 2011
To: Jonghoon John Kang
From: Trisha Dudala, At Van Den Hout
Subject:: 14651 Big Basin Way
The purpose of this memo is to evaluate the need for a traffic impact analysis for the proposed project at
14651 Big Basin Way, Saratoga, Callifornia. Presently this property is mainly a residential property with
two thirds of the property being used as a home and one third being used as a studio. The current plan is
to demolish the existing structure and build three residential condominiums and one building with 1,296
square feet of retail, studio and an apartment on the second floor as shown on Figure 1. The project will
receive credit for the existing studio. Currently there are seven ground parking spaces available and with
the redevelopment of this site, there will be ten parking stalls, six of which will be dedicated garages.
According to the City of Saratoga, for any project that would generate 25 or more net new trips, a
transportation analysis is required to identify potential impacts to intersection and roadway operations.
Trips generated by the proposed project can be estimated based on the Institute of Transportation
Engineers Trip Generation Manual, 8th edition as shown in the Table below.
Proposed Project Trip Generation
AM Peak Hour PM Peak Hour
Land Use Rate In Out Total Rate In Out Total
Condominiums (ITE 230) 3 Dwelling Units 0.44 0 1 1 0.52 1 1 2
Apartment (ITE 220) 1 Dwelling Unit 0.51 0 1 1 0.62 1 0 1
Retail (ITE 820) 1.296 ksf 1.00 1 0 1 3.73 2 3 5
Net Project Trips: 1 2 3 4 4 8
Size
As shown in the above table, the proposed project is expected to generate a total of three trips during the
AM peak hour and eight trips during the PM peak hour. The AM and PM peak hour generation of the
project is well below the threshold of 25 trips. Therefore a transportation analysis is not required for this
project as trips generated by the project are not likely to cause any significant impacts on the surrounding
transportation network.
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160 West Santa Clara Street, Suite 675, San Jose CA 95113 (408) 278-1700 Fax (408) 278-1717
www.fehrandpeers.com
MEMORANDUM
Date: October 18, 2011
To: Kristin Borel, Public Works, City of Saratoga
From: Kevin Chen/Sohrab Rashid
Subject: 14651 Big Basin Way Peer Review, Saratoga, California
1025-446-1
This memorandum presents the results of the peer review conducted for the 14651 Big Basin
Way trip generation study in the City of Saratoga, California. We generally concur with the
findings in the analysis with a few additional comments. Below describes our evaluation.
Hexagon Transportation Consultants, Inc. prepared a trip generation memorandum dated July 27,
2011 for the proposed project at 14651 Big Basin Way in the City of Saratoga, California. The
development project consists of redeveloping an existing residential property with three
residential condominiums and a building with 1,296 square feet (s.f.) of retail (including a dance
studio) and an apartment on the second floor. The project is located in a Commercial – Historic 2
(CH-2) zoning district.
The memorandum was reviewed for adequacy and appropriateness of the project trip generation
assumptions. The following key items summarize our findings:
1. Fehr & Peers agrees with the trip generation rates associated with residential
condominiums and apartment land uses.
2. While Fehr & Peers agrees with the trip generation rates associated with the retail land
use in the absence of identified occupants, these rates may underestimate the number of
new vehicle trips depending on the ultimate tenant that occupies the space. For example,
the number of customers and subsequently trips would be higher if the space were
occupied by a small, quick-serve restaurant. However, it is not expected that any retailer
or other tenant, in addition to the proposed residential uses, will generate 25 or more net
new vehicle trips to warrant a traffic impact analysis.
The memorandum identified the number of new parking spaces without further explanation. We
addressed this comment by providing our parking evaluation below.
Based on City of Saratoga Ordinance Code 15-35.030: one covered space within a garage, plus
one and one-half additional spaces on the site are needed for each multi-family dwelling unit, or a
supply rate of 2.5 spaces per unit. As addressed in the memorandum, the development will meet
the requirement by providing 10 parking stalls, six (6) of which will be dedicated garage spaces,
for 4 residential units (3 Condo and 1 Apartment).
Based on the City Ordinance Code, retail developments are required to provide one space for
each 200 s.f. of intensive retail establishment or one space for each 500 s.f. of extensive retail
establishment. However, net new developments located in a Commercial – Historic (CH) district
are not required to add new parking spaces if approved between March 1, 2006 and February 28,
2012 and do not exceed 41,850 s.f. New development in the CH district has not exceeded this
threshold, thus, the project is not required to provide new parking spaces for the proposed retail
use.
In conclusion, we concur with the findings described in the memorandum prepared for 14651 Big
Basin Way.
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REPORT TO
THE PLANNING COMMISSION
Meeting Date: March 14, 2012
Application No: ZOA11-0004
Type of Application: Zoning Amendment - Sign Ordinance (Article 15-30)
Location / APN: Citywide
Owner/Applicant: City of Saratoga
Staff Planner: Cynthia McCormick, Planner, AICP
SUMMARY
In January, 2011, the City Council provided direction to update the Sign Ordinance which had not
been compressively updated since the early 1990s. Over time, several court cases have determined
that sign regulations must be content neutral and conform to free speech rights projected by the First
Amendment of the U.S. Constitution. A regulation that is content neutral is one which is applicable
regardless of the message of the sign.
The Courts have established the following general principles:
• In general, the government may regulate the “time, place, and manner” of signs if the
regulations are (1) content-neutral, (2) narrowly tailored to serve a significant governmental
interest, and (3) leave open ample alternative channels for communication of information.
• The interests of aesthetics and traffic safety are “significant governmental interests.”
• Content-based regulations are presumed to be unconstitutional.
• Sign ordinances cannot favor commercial speech over non-commercial speech. In other words,
on any sign where commercial speech is allowed, speakers must be able to display non-
commercial messages.
• If a sign ordinance requires an individual to obtain a permit before displaying his or her sign, the
authority reviewing the permit application must not have unbridled discretion in deciding
whether to grant the permit. The regulation must provide objective criteria for the reviewing
body to make that determination, and an expeditious path for judicial review.
SUMMARY OF CHANGES: Several regulations of the existing Sign Ordinance restrict signs based on
content, such as Political Signs and Real Estate Signs. The proposed updates to the Sign Ordinance
(1) eliminate direct references to content; (2) generally keep or increase the standards for sign size,
design, placement, lighting, materials, and type of sign structures; and (3) include the creation of
sign districts. A summary of the major differences between the current Sign Ordinance and the
proposed updates is provided in Attachment 4.
Page 1 of 2
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Application No. ZOA11-0004 Page 2 of 2
PUBLIC OUTREACH: Staring in early 2011, staff worked closely with the Chamber of Commerce
to reach out to local businesses and inform them of the Sign Ordinance Update. A survey was
developed to gather opinions from local businesses with respect to various aspects of the current
Sign Ordinance. The survey was put online, mailed to almost 300 Saratoga business licenses
owners, sent to over 400 individuals on the Chamber’s email list, sent to representatives from local
Home Owners Associations, and sent to anyone who had signed up to receive emails about City
activities. Over 100 surveys were completed between April and May 2011. Over 40 people attended
a workshop in June 2011 to solicit input and rate various existing signs in the City through an
interactive Visual Preference Survey. In January 2011, a presentation was made to the Ministerial
Association on the proposed ordinance changes affecting places of worship. Between July 2011
and February 2012, the Planning Commission held 10 study sessions to thoroughly review each
section of the Sign Ordinance. A representative from the Chamber of Commerce and local business
and community groups regularly attended these sessions and provided valuable input. The City’s
website contained a dedicated web page to the effort which was regularly updated with drafts of the
sign ordinance. Several articles were also written in the Saratoga News inviting the public to attend
the study sessions and to get involved in the sign ordinance update. Informational flyers
(Attachment 5) were mailed out to local businesses and places of worship in February announcing
the Planning Commission meeting and providing a simple summary of the proposed changes.
STAFF RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution
No. 12-009 recommending the City Council adopt the updated Sign Ordinance (Article 15-30)
ENVIRONMENTAL DETERMINATION: Pursuant to the California Environmental Quality Act, the
amendment is exempt under CEQA Guidelines Section 15061(b)(3), where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA.
FINDINGS: The findings for approval of the proposed amendments to the Sign Ordinance are
provided in Exhibit 1 of the Resolution. The proposed ordinance does not regulate the content of
signs, but only their size, number, location, and other physical or design attributes. The proposed
ordinance regulating the use and display of signs is the least restrictive means to achieve important
government interests in (i) promoting the aesthetic goals of the City’s General Plan; (ii) promoting
vibrant commercial areas; (iii) ensuring the orderly development of property within the City; (iv)
ensuring traffic safety and the safety of pedestrians; (v) providing safety standards for the location,
erection, and maintenance of signs; and (vi) preserving and enhancing the visual character of open
space, residential, and commercial areas.
NEXT STEPS: The sign ordinance is scheduled for a City Council Public Hearing on April 18th.
Conforming amendments will need to be made to the corresponding district Design Guidelines.
ATTACHMENTS:
1. Resolution and Findings (Exhibit 1)
2. Proposed Sign Ordinance (Exhibit A)
3. Current Sign Ordinance
4. Summary Table of Overall Changes
5. Informational Flyers and Sign District Map
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RESOLUTION NO. 12-009
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL ADOPT THE ORDINANCE AMENDING
SARATOGA CITY CODE ARTICLE 15-30 CONCERNING SIGNS
WHEREAS, on January 28, 2011, the Saratoga City Council directed staff to update the
City’s Sign Ordinance; and
WHEREAS, in February 2011, staff began a public outreach campaign that included
meeting with the Saratoga Chamber of Commerce and distributing a sign survey to over 500
individuals or businesses.
WHEREAS, on June 23 2011, staff facilitated a public workshop, hosted by the Saratoga
Chamber of Commerce, to discuss the update of the sign ordinance, present the results of the
survey, and obtain feedback from the public.
WHEREAS, on July 12, 2011, the City released the first draft of the proposed Sign
Ordinance; and
WHEREAS, between July 12, 2011 and February 7, 2012, the City held 10 public study
sessions to discuss the proposed amendments to the Sign Ordinance where attendees including
business representatives, citizens from various neighborhoods, and members of the Planning
Commission provided feedback to City staff; and
WHEREAS, in response to comments made at these public study sessions, staff
modified the proposed ordinance and released another public review draft at each of the
subsequent study sessions.
WHEREAS, on March 1, 2012, City Staff sent out a summary table of relevant proposed
changes to the Sign Ordinance to over 400 individuals and businesses, providing information on
the date, time, and location of the March 14th 2012 Public Hearing; and
WHEREAS, the amendment is exempt under the California Environmental Quality Act
(CEQA) Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment; and
WHEREAS, on March 14, 2012, the Planning Commission held a duly noticed public
hearing on the draft ordinance, and considered evidence presented by City staff, the public, and
other interested parties. All comments raised during the Public Hearing on the Project were
considered by the Planning Commission.
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.
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Resolution No. 12-009 Page 2
Section 2: The Sign Ordinance is consistent with Saratoga General Plan Land Use Element
Goal LU 2 which provides that the City should encourage the economic viability of Saratoga’s
existing commercial and office areas and their accessibility by residents, taking into account the impact
on surrounding residential areas; General Plan Circulation Element Policy CI 6.6 which provides
that City should enforce ordinances to prevent the use of non-conforming roadside signs on all
roads and highways within the City, whether erected by private individuals or business
enterprises; and the General Plan Safety Element Objective to enhance the response to
emergencies in a timely, coordinated manner.
Section 3: The City of Saratoga Planning Commission recommends the City Council
adopt the proposed amendments to the Sign Ordinance (Exhibit A), subject to the findings
attached hereto as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 14th day of
March 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Douglas R. Robertson
Chair, Planning Commission
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EXHIBIT 1
Findings. The City of Saratoga hereby finds that the regulation of signs is necessary to further
the substantial governmental interests of the City to protect the public health, safety, and general
welfare.
As provided in the City’s Vision Statement, Saratogans value the City’s natural beauty, historic
assets, and small town residential character. Furthermore, the City recognizes the importance of
protecting the economic viability of the Village and other commercial areas in the City.
Signs serve a useful purpose in communicating a message, whether commercial or otherwise.
Their location, number, size, design and relationship to each other and to other structures have a
significant influence upon a community's appearance and welfare. Where signs are not properly
regulated, they contribute to visual clutter which may have a negative effect upon a viewer's
perception of the community and impede rather than enhance commerce. Furthermore, signs can
impact traffic safety by interfering with necessary sight-distances or by distracting drivers,
cyclists and pedestrians.
The regulations set forth in this Article will directly advance the public interest by preserving the
appearance of residential and commercial buildings and areas and circumventing unsafe
placement of signage and distraction to drivers or pedestrians.
The regulations are also designed to provide the greatest freedom of speech and expression
consistent with the City’s substantial interests in aesthetics and traffic safety. Traditional
methods of conveying ideas, such as hand-held signs, window signs, and temporary signs, are
allowed throughout the City without a permit. The regulations do not discriminate among signs
based on their messages. Where permits are required, the regulations cabin the discretion of
permitting authorities and provide an expeditious timeline for decisionmaking. As a result, those
seeking permits will have a clear understanding of the requirements and there is no opportunity
for permitting authorities to allow any viewpoint or message bias to affect their permitting
decisions.
The regulations also recognize that there are certain times when additional signage might be
desirable or necessary, such as when there is a special event, ongoing construction, or property
for sale or lease, and allow for additional signage during these times. Again, the content-neutral
regulations do not require any particular content to be placed on these signs, but the City has
determined that, during these times, additional signs would not have an adverse affect on the
City’s aesthetic and traffic safety interests.
The City’s General Plan identifies five main commercial areas in the City including the Village,
Argonaut Shopping Center, the Gateway, Quito Shopping Center, and the commercial uses
between Saratoga Avenue and Prospect Road (at Lawrence Expressway). The Sign Ordinance
condenses these five areas into four sign district areas by combining all of the commercial uses
along Saratoga-Sunnyvale Road including the Argonaut Shopping Center and the various centers
located in the Gateway District into one sign district; the Saratoga-Sunnyvale District.
Professional-administrative offices are scattered throughout the City and fall into one or more of the
proposed sign districts.
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The Village Sign District encompasses the Commercial-Historic (CH) zoning district which
includes a mix of commercial, office, and residential uses. Big Basin Way is a two-lane corridor
where a majority of the storefronts abut the sidewalk with parking in the rear. Thus, signage in
the Village needs to reflect the pedestrian-oriented environment. The additional allowance for
projecting signs that hang over the sidewalk at a perpendicular angle to the building help create a
pedestrian flow as customers walk between buildings. Signs in the Village Sign District are
further guided by the Village Design Guidelines.
The three remaining sign districts encompass all of the land currently zoned for Commercial-
Visitor, Commercial-Neighborhood, and Professional-Administrative development (i.e., CV,
CN, and PA). With the exception of free-standing sign height, sign regulations are the same for
commercial and professional administrative uses in the three remaining sign districts. The Prospect
Sign District borders San Jose and primarily consists of commercial uses and larger existing
signs in general; thus higher signs in this District will not adversely affect the aesthetics of this
area or create unsafe driving conditions. Moreover, the average speed of drivers travelling on
Prospect Road and Lawrence Expressway is generally higher than other areas of the City. These
higher speeds require larger signs for legibility. The lower height limit of free-standing signs in
the Saratoga-Sunnyvale District is a reflection of the speed and volume of traffic along this
major arterial along with the mix of residential and commercial uses. The free-standing sign
height limit in the Quito District is lower than the Prospect and Saratoga-Sunnyvale Districts due
to the lower traffic volumes as compared to the other two districts and the mix of residential,
commercial, and office uses along this corridor. Signs in the Gateway area of the Saratoga-
Sunnyvale District are further guided by the Gateway Design Guidelines.
The allowable area of building signs in each of the sign districts is based on the lineal feet of
building frontage, so that signage is proportional to the building. This proportional approach also
prevents the appearance of clutter, as it spreads out signage along the streets in each district.
Free-standing signs are located on the ground and are typically erected to identify the business to
passing pedestrians and motorists, although the ordinance contains no limit on their content.
Where multiple businesses and other uses open to the public are located on a single lot,
additional free-standing signage is provided to allow these uses to identify each use in a fashion
legible to passing pedestrians and motorists. This additional signage will reduce the likelihood of
traffic accidents and unsafe driving practices as motorists search for their destinations. It will
also reduce confusion of passing pedestrians and motorists.
Many businesses currently use electronic or neon signs to indicate when they are “open” or to
identify the type of services they offer (e.g., “nails”). While these types of signs are consistent
with the economic environment of commercial areas, their presence would be inconsistent with
and intrusive to the more tranquil environment of residential areas.
The land outside of the four sign districts is primarily developed with agricultural, residential,
and community-facilities (i.e., AP, A, ROS, HR, R1, RM, MUPD, and CFS zoning districts).
Community facilities as defined in the Saratoga General Plan include institutional, public and
quasi-public uses such as churches, schools, city facilities, libraries, museums, gardens, and
meeting halls for civic organizations. These non-residential uses are scattered throughout the
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City’s residential, agricultural, and open space districts. They are generally located on larger lots
and open to the public. As such, additional signs on the properties where these uses are permitted
are necessary to safely guide traffic and pedestrians to these uses, and to limit the number of
drivers who get lost looking for these uses. Drivers who are lost tend to perform u-turns and
conduct other potentially unsafe driving practices while trying to find their destinations.
Allowing additional signs on these community facilities will not undermine the overall aesthetic
value of the City because these uses are spread out among residential uses. In addition, the City
of Saratoga is largely built-out. Thus, it is unlikely that many additional community facilities will
be developed. Moreover, by allowing some additional signs on lots where non-residential uses
are permitted, as compared with lots with residential uses, the City does not intend to favor any
particular viewpoint or speakers over others. The City’s sole purpose is to ensure that drivers
safely reach their destinations while balancing the aesthetic needs of the community where these
non-residential uses are located. While there is no requirement that this additional signage
contain any particular content, the City wishes to ensure that there is sufficient sign area allowed
for these uses to identify themselves to the public for the reasons discussed above. Moreover, the
mere existence of additional permanent signage on lots with community facilities will likely
signal to drivers and others that the use is open to the public.
Signs located at the entrances to residential subdivisions and multi-family dwellings have a
similar purpose in enabling both the traveling public and emergency personnel to quickly locate
these residential areas for the purpose of either visitation or responding to emergency calls.
Although no particular content is required on these signs, existing signs in the City often contain
such identifying information. Moreover, the very presence of additional, permanent signage in
these areas in residential neighborhoods tends to indicate the location of an entrance to a
subdivision or the location of multi-family dwellings. Allowing a greater sign area on lots with
multi-family dwellings is also consistent with free speech goals, given that more potential
speakers live in multi-family dwellings than in single family homes.
Traffic control signs and devices erected by the City and other government entities are essential
to the safe functioning of City streets. The City frequently utilizes traffic control and warning or
danger signs to inform drivers and pedestrians of traffic regulations, hazards, construction work,
special events, and other information essential to the public’s safe use of roads, buildings, and
parks. These signs include “Stop,” “Yield,” “No U-Turn,” “One Way,” speed limit, and street
name signs, among others. They must be located immediately adjacent to the street or overhead.
They must be visible to drivers and must be located so that drivers can see and take notice of the
sign’s information in time to act, given the speeds at which cars are travelling at a given location.
Sometimes, they must be made of reflective material or incorporate flashing lights so that they
are visible to drivers at night. The City also erects and maintains temporary traffic control signs
and devices when engaged in road construction or maintenance work. These signs typically
inform drivers of the location of the City’s work, direct traffic around the work site, and notify
drivers of reduced speeds. Such signs include “Lane Closed,” “Detour,” “Slow,” “Men At
Work,” etc. These signs are frequently located in the street or along the shoulder of the road
where construction or maintenance is occurring. In the event that the City needs to repair or
maintain the City’s sidewalks, the City will erect signs notifying pedestrians of this work. Such
signs include “Sidewalk Closed,” “Use Other Sidewalk,” etc. When sidewalks must be closed,
these signs are located across the closed sidewalk to keep pedestrians from using the closed
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sidewalk. The City also erects and maintains temporary traffic control and warning or danger
signs when there has been an accident or other emergency situation. These signs notify drivers
that an accident has occurred and direct traffic around the accident site. These signs include
“Caution” and “Lane Closed” signs, among others.
These traffic control signs and devices are essential to the safe movement of traffic and
pedestrians on City streets and sidewalks. If the City could not use reflective or illuminated
traffic control signs, drivers and pedestrians would be placed in significant danger because
drivers would not see important information—such as “Stop” signs, etc.—in time to react. If
drivers cannot see this information in time to react, they will be more likely to get into accidents
with other drivers and pedestrians. Similarly, if the City could not place signs in the road, along
the shoulder, or blocking sidewalks, as needed, drivers and pedestrians would be placed in
significant danger. Traffic control, warning and danger signs must be placed where drivers and
pedestrians can see them. In the case of road construction or traffic accidents, signs must be
placed between oncoming traffic and the personnel working on the road (e.g., construction
crews, emergency response workers). If the City could not place signs in this way, these
personnel would be exposed to greater risk of being struck by oncoming traffic. “Sidewalk
closed” signs are also more effective if placed across the sidewalk to prevent passage. When
there is an emergency situation, such as a car accident, the City must erect the appropriate traffic
control, warning and danger signs quickly—within minutes or hours—to effectively protect the
safety of emergency response workers and the public. The City could not effectively protect
these workers and the public if it were required to obtain a sign permit from the City Planning
Department prior to erecting these traffic control signs and devices. For traffic control signs to be
effective, it is also important that their messages not be “drowned out” by other signs. If the City
allowed all speakers to erect illuminated, reflective signs along City streets and sidewalks, such
signs would distract drivers from the messages on the City’s traffic control signs. This distraction
would likely lead to an increase in accidents as drivers would not be adequately warned about
traffic control regulations and dangers.
Likewise, it is essential that governmental entities be allowed to erect utility location signs,
utility identification signs, and utility markers without a permit and in any location throughout
the City. For example, these signs may need to be located in the public right-of-way to alert the
public of downed power lines. They also must be made of bright , attention-getting material to
alert the public of potential dangers. Failure to alert the public of utility locations and dangers
could result in serious injury.
There are certain types of signs, , that, by their very nature, are unattractive, intrusive,
distracting, and dangerous. These signs include, but are not limited to: obscene signs; signs that
obstruct egress from buildings; signs that conflict with traffic control signs or misdirect traffic;
digital signs; signs made of reflective material; signs incorporating flashing or moving parts;
mobile billboard advertising displays and other types of advertising displays painted on vehicles;
posters, placards, announcements, and advertisements erected on fences, poles, trees, etc. in or
upon the public right of way. Similarly, attention-getting devices attached to signs, such as
streamers, balloons, flares, pennants, and twirlers, can create a look of clutter as well as distract
motorists if employed in great numbers.
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Exhibit A Draft as of 3-8-12
Article 15-30 - SIGNS
Sections:
15-30.010 - Purposes of Article 15-30
15-30.020 - Definitions
15-30.030 - General Provisions
15-30.040 - Sign Design Criteria
15-30.050 - Prohibited Signs
15-30.060 - Signs Allowed in Any Zoning District without a Sign Permit
15-30.070 - Village Sign District
15-30.080 - Prospect Sign District
15-30.090 - Quito Sign District
15-30.100 - Saratoga-Sunnyvale Sign District
15-30.110 - Temporary On-Site Signs on Lots in any Sign District
15-30.120 – Signs on Lots with Institutional, Public, or Quasi-Public Uses
15-30.130 - Signs on Lots with Multi-Family Dwellings or Residential Subdivisions
15-30.135 – Wall Signs on Lots Zoned Residential and Agricultural
15-30.140 - Temporary On-site Sign on Signs for Residential Properties Actively Marketed
for Sale or Lease
15-30.145 - Temporary Off-Site Signs in Residential Districts
15-30.150 - Sign Permits
15-30.160 - Sign Programs
15-30.170 - Expiration, Extension, and Renewal of Sign Permit Approval
15-30.180 - Sign Alteration
15-30.190 - Sign Conformance, Violations and Abatement of Illegal Signs
15-30.200 - Sign Permit Variance
15-30.210 – Substitution Clause
15-30.220 - Severability
15-30.10 - Purposes of Article 15-30
The purposes of the regulations in this Article are to:
(a) Ensure high-quality designed signs are compatible with adjacent land uses and preserve the
residential character of the City;
(b) Prevent substandard sign generation and sign clutter which is counterproductive to business
and visually unattractive to the community;
(c) Direct persons to various activities and enterprises in the City;
(d) Protect the public safety and reduce traffic and safety hazards through proper location and
design of signs; and
(e) Provide a reasonable and constitutional system of sign control including the quantity, type,
placement, size, illumination and design of signs.
15-30.020 – Definitions
For the purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them in this Section, unless the context or provision clearly requires
otherwise:
1
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Exhibit A Draft as of 3-8-12
(a) Active Construction means ongoing construction or remodeling under an active City
permit.
(b) Actively Marketed means currently marketed for sale or lease.
(c) Advertising Display or Advertising Sign means any sign promoting a business or the
sale of a good, service, or other commodity.
(d) A-Frame Sign means a sign with two sides that are adjoined at the top and sloping down
at opposite angles.
(e) Alteration means any change of size, shape, illumination, position, location, construction
or supporting structure of an existing sign.
(f) Building Sign means a wall sign or a projecting sign.
(1) Wall sign means a sign that is erected, printed, painted, incorporated into, suspended
from or otherwise affixed to a wall or fascia of a building or structure with the
exposed face of the sign parallel to the plane of the wall.
(2) Projecting Sign means a sign that projects outward from a building at a perpendicular
angle or hangs below an awning, canopy, overhang, or covered walkway.
(g) Business is defined in Section 4-05-020 of this Code. No single tenant or building
occupant shall have more than one primary business for the purposes of this Article.
(h) City means the City of Saratoga, California.
(i) Director means the Community Development Director or designee.
(j) Double Faced Sign means a sign with two faces, with each face oriented one hundred
eighty (180) degrees (back to back) from the other.
(k) Electronic Sign means a sign which uses electrified or luminous materials to display a
fixed graphic or message to the public.
(l) Free-Standing Sign means a selfsupported sign either mounted on one pole (pole sign) or
mounted to the ground (monument sign).
(m) Hand-Held Sign means a sign that is held or carried by a person, rather than placed on
the ground or other support structure.
(n) Illuminated Sign means a sign illuminated by either internal or external lighting.
(1) Internally illuminated sign means a sign with a source of illumination that is
completely enclosed by the surface of the sign structure or the characters of the sign.
(2) Externally illuminated sign means a sign with a source of illumination that is not
completely enclosed by any portion of the sign.
(3) Halo-Lit sign means a sign in which the light reflects back off the solid face of the
sign or channel cut letter, and onto the facade of the building to give it a halo effect.
(o) Mobile Billboard Advertising Display means an advertising display that is attached to a
wheeled, mobile, non-motorized vehicle that carries, pulls, or transports a sign or
billboard and is used for the primary purpose of advertising.
(p) Multi-Family Dwelling is defined in subsection 15-06.240(c) of this Code.
(q) Non-Commercial Sign or Message means a sign or message other than an advertising
display or sign.
(r) Off-site Sign means an advertising sign that identifies or advertises a location, service,
activity, or good sold elsewhere than upon the same site where such a sign is displayed.
2
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Exhibit A Draft as of 3-8-12
(s) On-site Sign means an advertising sign that identifies or advertises an establishment,
service or activity that is or will be provided on the same premises.
(t) Permanent Sign means a sign that is constructed to be used for an unlimited period of
time and that is affixed to the ground, wall, or building in a permanent manner.
(u) Sign means any structure or material that is used to advertise, announce, identify, direct
attention to, or communicate a message, and which is not visible from any adjacent
property, public right-of-way, or public parking lot. The word “sign” includes but is not
limited to any letter, writing, graphic, pictorial representation, logo, trademark, symbol, or
any other figure. The word “sign” includes but is not limited to a banner, building sign,
canopy sign, awning sign, free-standing sign, subdivision sign, and window sign. A mural,
sculpture, or seasonal decoration that does not promote or advertise a commercial event,
service for hire, or product for sale is not a “sign” for purposes of this Article.
(v) Sign District means a designated area within the City of Saratoga within which certain
regulations apply to signs erected, installed, or retained. The sign districts include
permitted non-residential uses other than institutional, public, and quasi-public uses. A
map of the sign districts is available at the Community Development Department.
(1) Village Sign District. This sign district includes all lots with permitted non-residential
uses on Big Basin Way.
(2) Quito Sign District. This sign district includes all lots with permitted non-residential
uses on Cox Avenue, Village Drive, and Saratoga Avenue between Cox Avenue and
Vineyard Lane.
(3) Prospect Sign District. This sign district includes all lots with permitted non-
residential uses on Prospect Road between Lawrence Expressway and Saratoga
Avenue.
(4) Saratoga-Sunnyvale Sign District. This sign district includes all lots with permitted
non-residential uses on:
a. Saratoga-Sunnyvale Road between Prospect Avenue and Aloha Avenue.
b. Prospect Road between Saratoga-Sunnyvale Road and the Highway 85 underpass.
c. Saratoga Avenue between Park Place and the intersection of Saratoga-Sunnyvale
Road and Saratoga-Los-Gatos Road.
d. Saratoga-Sunnyvale Road between Prospect Avenue and the train tracks (north of
Manor Drive).
(w) Sign Program means a master plan for signage approved by the Planning Commission
pertaining but not limited to the area, dimension, color, material, design, size, placement,
and illumination of all signs to be erected or installed on a building(s) or lot.
(x) Street Frontage means the property line of a site abutting a street.
(y) Temporary Sign means a sign that is displayed for a limited period of time.
(z) Tenant Frontage means the width of tenant space, measured in lineal feet, where the
most-traveled customer entrance to an individual establishment is located. If the tenant
space is located on the corner of a building facing either a street or a parking lot, the width
of both sides of the tenant space may be used for calculating allowable sign area.
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Exhibit A Draft as of 3-8-12
(aa) Traffic Control Sign or Device means any non-advertising sign, signal, marking or
device used for the purpose of regulating, warning or guiding traffic, parking, loading, or
pedestrian movement.
(bb) Window Sign means a sign that is displayed on a window, or within five (5) feet of a
window, and is visible from a street, walkway, parking lot, or other place that is accessible
to the public.
15-30.030 - General Provisions
(a) General Compliance. No sign shall be erected, installed, altered or maintained in the City,
including within or upon public and private streets therein, except in conformity with the
provisions of this Article, and the particular regulations of the district in which the sign is
located.
(b) Construction Standards. All signs shall be constructed in such manner as to protect the
public safety. Construction of permanent signs shall be as set forth in the latest edition of the
California Building Code or other construction standard adopted by the City.
(c) Street Intersections. No sign or sign element exceeding three feet in height shall be located
within a triangle having sides fifty feet in length from a street intersection (as measured from
intersecting curblines or intersecting edges of the street pavement where no curb exists)
unless otherwise approved by the City.
(d) Driveway Intersections. No sign or sign element exceeding three feet in height shall be
located within a triangle having sides twelve feet in length from either side of a driveway
where it intersects with edge of pavement.
(e) Site Restriction. All signs advertising a good, service, or any other commercial activity shall
be located on the same lot as the business or entity selling the good, offering the service, or
engaging in the advertised commercial activity, except as otherwise expressly provided in
this Article. This restriction does not apply to signs displaying only non-commercial
messages.
(f) Multiple Uses on Same Site. The allowable area of signage for a single use shall not exceed
the maximum allowable area of signage for that individual use, regardless of the amount of
signage allowed for others uses on the site.
(g) Reduction of Sign Area, Height, Type, and Number. The regulations concerning sign area,
height, type, or number, do not confer upon any person the right to erect, install or maintain a
sign or signs having such maximum area, height, type, or number. The approving authority
may require that the area, height, type, or number of sign(s) be reduced below the maximum
set forth herein, based upon a written finding that such reduction is necessary to satisfy the
criteria set forth in this Article. The approving authority shall not consider the content of the
proposed sign in making this finding.
(h) Legibility. All signs shall be legible under normal viewing conditions.
(i) Maintenance of Signs.
(1) All signs shall be maintained in a secure and safe condition.
(2) All signs shall be kept free of rust, corrosion, peeling paint, cracks, fading, torn and
tattered materials, or other surface deterioration.
(3) Illuminated signs shall function as designed and permitted.
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Exhibit A Draft as of 3-8-12
(4) Signs that are not maintained in accordance with subsections 15-30.040(i)(1)-(3), whether
conforming or legal nonconforming as defined in Section 15-30.190(b), shall be subject
to abatement in accordance with this Article.
(j) Application of Article. This Article shall apply to all property located within the City,
except public streets, property and property rights owned by the City, railroad rights-of-way
and underground public utility lines and facilities. With the above noted exceptions, this
Article applies to all such property whether the same be owned by private persons, firms,
corporations or organizations, or by the State or any of its agencies or political subdivisions,
or by any County, or by any City with the exception of the City of Saratoga, and without
limitation of the foregoing, is intended to apply fully to all property owned by or under the
control of any authority or district, including school districts, organized under the laws of the
State.
15-30.040 - Design Criteria
(a) Size of Letters. Unless otherwise authorized in this Article, no sign shall have letters greater
than eighteen inches in any dimension.
(b) Sign Height is calculated by measuring the vertical distance from the average ground level
directly beneath the sign to the highest point at the top of the sign. All architectural and
design elements, poles, posts, and other supporting structures are included in the calculation
of height.
(c) Sign Area means the area of the smallest rectangle drawn to include all sign copy (e.g.,
letters, characters, symbols, graphics, logos). Where the sign copy is placed upon a sign
board or other background surface, the exposed board or background surface shall be
calculated in the sign area.
(d) Sign Materials. All permanent signs shall be constructed and maintained with high quality
all-weather wood, metal, or durable synthetic materials, unless otherwise specified under this
Article. Signs permitted under Section 15-30.060 may be made of any material, unless
otherwise specified in this Article.
(e) Illuminated Signs. All permanent building and free standing signs may be either illuminated
or non-illuminated, provided that illuminated signs must be approved by the Planning
Commission pursuant to Subsection 15-30.150(c) or 15-30.160. No temporary sign may be
illuminated unless specifically provided in this Article. All illuminated signs shall comply
with the following, unless otherwise specified under a sign program:
(1) The primary source of light shall not be visible from off the property.
(2) The sign shall not cause annoying glare.
(3) The sign may be subject to conditions, including, but not limited to, the intensity, type,
location, and the time during which the sign may be illuminated, per Section 15-30.150.
(4) Illuminated building signs in the Village Sign District shall either be externally
illuminated or a halo-lit solid surface. Signs in the Village shall not be comprised of
channel cut letters.
(5) Illuminated building signs in the Prospect Sign District, Quito Sign District, and
Saratoga-Sunnyvale Sign District shall either be externally illuminated, halo-lit, or
internally illuminated individual channel cut letters.
(6) Illuminated cabinet signs are not permitted.
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Exhibit A Draft as of 3-8-12
(7) Illuminated free-standing signs shall be externally illuminated.
(f) Free-Standing Signs.
(1) Monument signs may be mounted directly on the ground or on two posts where the posts
supporting the sign are no more than two feet high, as measured from the ground to the
bottom of the sign.
(2) Pole signs are mounted directly on one pole. The pole supporting the sign shall not
extend more than two feet above the top of the sign.
(g) Sign Projection. No sign shall extend above the ridge line of the building upon which it is
located. No sign shall project over a public right-of-way (e.g., sidewalk, street, alley), unless
otherwise authorized in this Article.
15-30.050 - Prohibited Signs
The following signs are prohibited everywhere within the City:
(a) Signs made of reflective material, and signs incorporating flashing or moving parts, except
for traffic control signs or devices erected by a governmental entity. Televisions or monitors
less than three (3) square feet in area are excluded from this prohibition.
(b) Mobile billboard advertising displays.
(c) Advertising displays that are painted or attached to a vehicle parked on any property for more
than 48 hours within a one week period, if the sign is larger than 20% of the body panel (e.g.
door, hood, roof) on which it is located.
(d) Streamers, balloons, flares, pennants, twirlers and similar attention-getting devices on or
incorporated into any advertising display.
(e) Posters, placards, announcements, and advertisements that are erected on any fence, pole,
tree, pavement, wall, bus stop, bench, or any other object permanently affixed in or upon a
public highway, public street or public right-of-way, except for traffic control signs or
devices erected by a governmental entity and banners erected on light poles by a
governmental entity.
(f) Obscene signs, which are defined as signs containing depictions or representations which (a)
taken as a whole, the average person, applying contemporary community standards, would
find appeals to the prurient interest; (b) depict or describe, in a patently offensive way, sexual
conduct specifically defined by California law; and (c) taken as a whole, lack serious literary,
artistic, political, or scientific value.
(g) Signs that obstruct any door, window, fire escape or other egress path from any building.
(h) Signs or sign structures that conflict with traffic control signs or devices; interfere with,
obstruct, or misdirect traffic; impede pedestrian movement; obstruct the clear view of
vehicular or pedestrian traffic; or otherwise create a pedestrian or vehicular safety hazard.
(i) Any signs other than those allowed by this Article.
15-30.060 – Signs Allowed in Any Zoning District Without a Sign Permit
The following signs are allowed without a sign permit in any zoning district in the City.
(a) Flags, provided that they display only non-commercial messages. The aggregate area of all
flags displayed on any lot shall not exceed 30 square feet. All flags displayed on a lot shall be
mounted on a single, permanent flagpole no higher than 25 feet.
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Exhibit A Draft as of 3-8-12
(b) Hand-Held Signs displaying non-commercial messages.
(c) Window Signs, provided that the signs do not comprise more than 25% of the area of any
individual window.
(d) Temporary Special Event Signs included with a Special Event Permit issued per City Code
Article 10-10. There shall be no more than eight temporary signs per event and no individual
sign shall exceed ten (10) feet in height and sixty (60) square feet in area.
(e) Temporary Non-Commercial Signs (including but not limited to election signs), provided
that:
(1) No sign shall be displayed for more than seventy-five cumulative days within a one year
period.
(2) No sign shall exceed four (4) square feet in area and three (3) feet in height.
(3) The sign shall not be illuminated.
(4) No sign shall be thicker than one-half inch, except for support posts firmly planted in the
ground.
(5) A temporary, non-commercial sign located on private property may incorporate balloons,
ribbons, streamers, or other attention-getting devices, provided these devices are not
displayed for more than 24 consecutive hours at a time, nor more than six 24-hour
periods in any one year.
(6) Signs may be located on private property with the permission of the property owner.
(7) No sign shall be located on any median, street, travel lane or on any sidewalk where it
impedes pedestrian travel.
(f) Temporary Signs on Lots with Active Construction. In addition to the temporary, non-
commercial signs allowed pursuant to subsection 15-30.060(e), up to two temporary, non-
illuminated on-site or non-commercial signs on any active construction site, provided that:
(1) The sign shall be located on the same lot as the construction project.
(2) One sign may be free-standing, but in such case shall not exceed six (6) feet in height.
(3) One sign may be located on a construction fence.
(4) No sign shall exceed 15 square feet in area.
(g) Banners on Light Poles erected by a governmental entity.
(h) Traffic control signs and devices erected by a government entity. Lots with a parking area
exceeding ten spaces may have up to four (4) signs for every 10 parking spaces, where each
sign shall not exceed two (2) square feet in area and four (4) feet in height.
(i) Utility location signs, utility identification signs, and utility markers erected by a
governmental entity.
(j) City Entrance Signs. One permanent sign adjacent to an arterial street at each entrance to
the City. The total sign area of each sign shall not exceed 50 square feet.
15-30.070 –Village Sign District
In addition to other signs allowed pursuant to Sections 15-30.060 and 15-30.110, the following
signs are allowed on lots in the Village Sign District with a sign permit. Signs on lots in the
Village Sign District shall also be consistent with the Village Design Guidelines.
(a) Building Signs.
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Exhibit A Draft as of 3-8-12
(1) Primary Building Signs. Any number of permanent building signs, provided that the
aggregate area of all building signs upon any one building shall not exceed one-half
square foot of area for each lineal foot of tenant frontage, as defined in Section 15-
30.020, or 40 square feet, whichever is less.
(2) Wall Signs on Buildings with More than One Entrance. One permanent building sign,
each not exceeding two (2) square feet in area, over each additional entrance to the
building.
(b) Projecting Sign. If one of the primary building signs permitted pursuant to 15-30.070(a)(1)
is a projecting sign, the maximum area for all building signs upon any one building shall be
increased by six (6) square feet. However, no projecting sign permitted pursuant to this
section shall exceed 10 square feet in area and the bottom of the sign shall be at least seven
(7) feet above the grade below. An example of a projecting sign is shown in Graphic 1.
Sign
Copy
2’
5’ Wall of Building Awning
5’
Sign
Copy
2’
Graphic 1: Projecting Signs
(Example only, not to scale)
7’ minimum
above grade Wall of Building 7’ minimum
above grade
Grade
(c) Electronic Sign. One electronic sign (e.g., neon or L.E.D.), not exceeding two (2) square feet
in area, provided that:
(1) The entire sign shall be comprised of one or a maximum of two solid colors.
(2) The sign shall not flash or be composed of a changeable message.
(3) The sign shall not be illuminated when the use is closed.
(4) If the sign is located on a building, it shall count towards the maximum building sign
allowance.
(5) If the sign is located in a window, it shall count towards the maximum window coverage.
(d) Free-Standing Sign. One permanent free-standing sign per lot, as follows:
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Exhibit A Draft as of 3-8-12
(1) Four (4) or Fewer Uses. The sign shall only be a pole sign and shall not exceed nine (9)
square feet in area or ten (10) feet in height. An example is shown in graphic 2.
(2) Five (5) or More Uses. The sign shall only be a monument sign and shall not exceed 14
square feet in area, plus one (1) additional square foot of area for each additional use over
five (5) uses. The sign shall not exceed 6.5 feet in height.
Graphic 2: Pole Sign Examples
(Example Only, not to scale) Grade
15-30.080 -Prospect Sign District
In addition to other signs allowed pursuant to Sections 15-30.060 and 15-30.110, the following
signs are allowed on lots in the Prospect Sign District with a sign permit.
(a) Primary Building Signs. Any number of permanent building signs, provided that the
aggregate area of all building signs upon any one building shall not exceed one-half square
foot of area for each lineal foot of tenant frontage, as defined in section 15-30.020, or 40
square feet, whichever is less.
(b) Wall Signs on Buildings with More than One Entrance. One permanent building sign,
each not exceeding two (2) square feet in area, over each additional entrance to the building.
(c) Electronic sign. One electronic sign (e.g., neon or L.E.D.), not exceeding two (2) square feet
in area, provided that:
(1) The entire sign shall be comprised of one or a maximum of two solid colors.
(2) The sign shall not flash or be composed of a changeable message.
(3) The sign shall not be illuminated when the use is closed.
(4) If the sign is located on a building, it shall count towards the maximum building sign
allowance.
(5) If the sign is located in a window, it shall count towards the maximum window coverage.
(d) Free-Standing Sign. One permanent free-standing sign, as follows:
(1) One (1) or Two (2) Uses. The sign shall not exceed 15 square feet in area or 17 feet in
height.
(2) Three (3) or Four (4) Uses. The sign shall not exceed 25 square feet in area or 17 feet in
height.
(3) Five (5) or More Uses. The sign shall only be a monument sign and shall not exceed 40
square feet in area or 10 feet in height.
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Exhibit A Draft as of 3-8-12
15-30.090 - Quito Sign District
In addition to other signs allowed pursuant to Sections 15-30.060 and 15-30.110, the following
signs are allowed on lots in the Quito Sign District with a sign permit.
(a) Primary Building Signs. Any number of permanent building signs, provided that the
aggregate area of all building signs upon any one building shall not exceed one-half square
foot of area for each lineal foot of tenant frontage, as defined in Section 15-30.020, or 40
square feet, whichever is less.
(b) Wall Signs on Buildings with More than One Entrance. One permanent building sign,
each not exceeding two (2) square feet in area, over each additional entrance to the building.
(c) Electronic sign. One electronic sign (e.g., neon or L.E.D.), not exceeding two (2) square feet
in area, provided that:
(1) The entire sign shall be comprised of one or a maximum of two solid colors.
(2) The sign shall not flash or be composed of a changeable message.
(3) The sign shall not be illuminated when the use is closed.
(4) If the sign is located on a building, it shall count towards the maximum building sign
allowance.
(5) If the sign is located in a window, it shall count towards the maximum window coverage.
(d) Free-Standing Sign. One permanent free-standing sign, as follows:
(1) One (1) or Two (2) Uses. The sign shall not exceed 15 square feet in area or 10 feet in
height.
(2) Three (3) or Four (4) Uses. The sign shall not exceed 25 square feet in area or 10 feet in
height.
(3) Five (5) or More Uses. The sign shall only be a monument sign and shall not exceed 40
square feet in area or 10 feet in height.
15-30.100 - Saratoga-Sunnyvale Sign District
In addition to other signs allowed pursuant to Sections 15-30.060 and 15-30.110, the following
signs are allowed on lots with non-residential uses in the Saratoga-Sunnyvale Sign District with a
sign permit. Signs on lots located in the Saratoga-Sunnyvale Road Gateway area shall also be
consistent with the Gateway Design Guidelines.
(a) Primary Building Signs. Any number of permanent building signs, provided that the
aggregate area of all building signs upon any one building shall not exceed one-half square
foot of area for each lineal foot of tenant frontage, as defined in Section 15-30.020, or 40
square feet, whichever is less.
(b) Wall Signs on Buildings with More than One Entrance. One permanent building sign,
each not exceeding two (2) square feet in area, over each additional entrance to the building.
(c) Electronic sign. One electronic sign (e.g., neon or L.E.D.), not exceeding two (2) square feet
in area, provided that:
(1) The entire sign shall be comprised of one or a maximum of two solid colors.
(2) The sign shall not flash or be composed of a changeable message.
(3) The sign shall not be illuminated when the use is closed.
(4) If the sign is located on a building, it shall count towards the maximum building sign
allowance.
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Exhibit A Draft as of 3-8-12
(5) If the sign is located in a window, it shall count towards the maximum window coverage.
(d) Free-Standing Sign. One permanent free-standing sign, as follows:
(1) One (1) or Two (2) Uses. The sign shall not exceed 15 square feet in area or 12 feet in
height.
(2) Three (3) or Four (4) Uses. The sign shall not exceed 25 square feet in area or 12 feet in
height.
(3) Five (5) or More Uses. The sign shall only be a monument sign and shall not exceed 40
square feet in area or 10 feet in height.
15-30.110 – Temporary On-Site Signs on Lots in Any Sign District
In addition to other signs allowed pursuant to Sections 15-30.060 through 15-30.100, temporary
signs that comply with the following standards are allowed on lots in any of the four sign
districts without a permit:
(a) One temporary banner or free standing on-site sign, provided that:
(1) Temporary on-site banner shall comply with the following:
a. The banner shall only be placed on a building.
b. The banner shall not exceed 10 square feet in area.
c. The banner shall be constructed of durable all-weather fabric or synthetic material.
d. Each lot shall be free of temporary on-site banners at least 180 days in a calendar
year.
e. No individual temporary on-site banner shall be displayed more than 30 consecutive
days.
(2) Temporary on-site free-standing sign (including but not limited to A-frame type sign)
shall comply with the following:
a. The sign shall only be located within 10 feet from the primary entrance to the
building and shall not impede pedestrian travel.
b. The sign shall not exceed four (4) square feet in area and three (3) feet in height.
c. The sign shall not be affixed to any tree or structure.
d. The sign shall only be displayed when the business is open.
e. The sign shall be constructed of durable all-weather wood, metal, and/or blackboard.
(b) No business shall display more than one temporary on-site sign at any one time.
(c) No temporary on-site sign shall be located within 10 feet of another temporary sign.
(d) No temporary on-site sign shall be illuminated.
(e) No temporary on-site sign shall include balloons, ribbons, streamers, or other attention-
getting devices.
(f) No temporary on-site sign shall be located on any median, street, or travel lane, or upon any
sidewalk where it impedes pedestrian travel.
15-30.120 – Signs on Lots with Institutional, Public, or Quasi-Public Uses.
In addition to other signs allowed pursuant to Sections 15-30.060, 15-30.110, and 15-30.145, the
following signs are allowed on lots with an Institutional, Public, or Quasi-Public use anywhere in
the City.
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Exhibit A Draft as of 3-8-12
(a) Building Signs: Any number of permanent building sign(s) on any lot are allowed with a
sign permit, provided that:
(1) The aggregate area of all permanent building sign(s) shall not exceed 40 square feet.
(2) No individual permanent building sign shall be greater than 10 square feet in area.
(b) Free-Standing Signs: Up to two permanent free-standing sign(s) per street frontage, or one
permanent free-standing sign per driveway, whichever is greater are allowed with a sign
permit provided that:
(1) The aggregate area of all permanent free-standing sign(s) shall not exceed 40 square feet.
(2) No individual permanent free-standing sign shall exceed 10 feet in height and the
aggregate height of all such signs shall not exceed 15 feet.
(c) Temporary Signs: On-site temporary signs are allowed without a sign permit, provided that
the aggregate area of all such signs shall not exceed 40 square feet or one-eighth square foot
of area for each lineal foot of street frontage, whichever is greater. In no case, shall the
aggregate total of all temporary on-site signs exceed 80 square feet. If the property has more
than one street frontage, the total area of on-site temporary signs shall be proportional to the
lineal feet of such street frontage.
(1) No individual temporary on-site sign shall be displayed on a building for more than 30
consecutive days.
(2) Up to two temporary on-site signs may be displayed on a single permanent free-standing
dark colored durable all-weather wood or metal frame structure.
a. The maximum height of the structure shall be six (6) feet.
b. One structure may be located on each street frontage.
c. No individual sign shall be displayed on such free-standing structure for more than
180 consecutive days.
15-30.130 - Signs on Lots with Multi-Family Dwellings or Residential Subdivisions
In addition to other signs allowed pursuant to Sections 15-30.060, 15-30.140, and 15-30.145 the
following signs are allowed on lots with multi-family dwellings or residential subdivisions with a
permit.
(a) One permanent free-standing sign per lot, provided that:
(1) The sign shall not exceed 24 square feet in area and six (6) feet in height.
(2) The sign shall be located at the entrance to the multi-family dwelling complex or
subdivision.
15-30.135 - Wall Signs on Lots Zoned Residential and Agricultural. In addition to other signs
allowed pursuant to Sections 15-30.060 and 15-30.145, one non-illuminated wall sign not
exceeding two (2) square feet in area is allowed on lots zoned Residential or Agricultural.
15-30.140 - Temporary On-Site Sign on Lots with Residential Properties Actively Marketed
for Sale or Lease
In addition to other signs allowed pursuant to Sections 15-30.060, 15-30.130, and 15-30.145, the
following signs are allowed on lots with residential properties actively marketed for sale or lease
without a permit.
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Exhibit A Draft as of 3-8-12
(a) One temporary on-site sign may be located on a property that is actively marketed for sale or
lease, provided that:
(1) The sign shall not exceed four (4) square feet in area and six (6) feet in height.
(2) The sign shall not include balloons, ribbons, streamers, or other attention-getting devices.
15-30.145 - Temporary Off-Site Signs in Residential Districts. In addition to other signs
allowed pursuant to Section 15-30.060, 15-30.130 and 15-30.140, the following signs are
allowed on lots in residential districts without a permit.
(a) Any number of temporary off-site signs (including but not limited to real estate open house
signs) are allowed, provided that:
(1) No individual sign shall exceed two (2) square feet in area and three (3) feet in height.
(2) No more than two identical signs per intersection shall be displayed.
(3) The signs shall only be displayed between dawn and dusk.
(4) No sign shall include balloons, ribbons, streamers, or other attention-getting devices.
(5) No sign shall be located on any median, street, travel lane or on any sidewalk where it
impedes pedestrian travel. Off-site signs may be located on property with the permission
of the property owner.
15-30.150 - Sign Permit
(a) Sign Permit Application Requirements. An application for a sign permit shall be made to
the Community Development Department in accordance with this Article and shall contain
the following information, as applicable:
(1) A site plan showing the lot on which the proposed sign(s) will be located, adjacent land
uses, streets, and parking lots; the location of off-street parking and loading spaces; major
points of entry and exit for motor vehicles; existing or proposed buildings and structures
on the site; the primary entrance to the building; the lineal feet of tenant frontage(s) used
for calculating sign area; and the location of all existing and proposed signs on the
building(s) or ground.
(2) A scaled elevation drawing showing the building(s) upon which the proposed sign(s) will
be located; the lineal feet of the tenant frontage(s) used for calculating sign area; and the
placement and dimensions, including height, of all existing and proposed signs on the
building(s) or ground.
(3) A scale drawing showing the size, height, sign dimensions, letter dimensions, colors,
materials and general design and construction of the proposed sign(s) or sign structure(s).
If a sign is to be illuminated, the method, source, intensity, and placement of
illumination.
(4) A table showing the dimensions and area for each existing or proposed sign on the lot and
the aggregate area of all existing and proposed signs on the lot.
(5) Such other information as the Director or the Planning Commission may require in
determining whether the proposed sign(s) will comply with the regulations and standards
of the City; provided, however, that the Director and the Planning Commission shall not
consider the content of any proposed sign in determining whether additional information
is required.
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Exhibit A Draft as of 3-8-12
(b) Administrative Review.
(1) The Director shall review and approve or deny, pursuant to this Article and the findings
in subsection 15-30.150(e), sign permits for each of the following types of signs.
a. Any sign that is located on a property that is consistent with an approved sign
program.
b. Any non-illuminated building sign that does not require a sign program.
(2) An administrative sign permit may be issued as soon as the application is found
complete.
(3) The Director may refer any sign permit application to the Planning Commission for their
review. If the Director refers an application, he/she shall provide the applicant with
his/her reasons for the referral in writing.
(c) Planning Commission Review.
(1) The Planning Commission shall review and approve or deny, pursuant to this Article and
the findings in subsection 15-30.150(e), a sign permit for each of the following types of
signs.
a. Illuminated signs that are not already subject to a Sign Program.
b. Free-standing signs that are not already subject to a Sign Program.
c. All Signs on lots with five (5) or more businesses or other uses that are not already
subject to a Sign Program.
d. Any application for a sign permit referred by the Director to the Planning
Commission for a decision thereon.
(d) Public Hearing. A public hearing is required for any new Sign Program and all free-standing
signs over six (6) feet in height. Notice of the public hearing shall be given not less than 10
days nor more than 30 days prior to the date of the hearing by mailing, postage prepaid, to
the applicant and to all persons whose names appear on the latest available assessment roll of
the County as owning property within 500 feet of the boundaries of the parcel which is the
subject of the application. Notice of the public hearing shall also be published once in a
newspaper having general circulation in the City not later than 10 days prior to the date of the
hearing.
(e) Sign Permit Findings. A sign permit shall be granted if and only if all of the following
findings are made:
(1) Each sign complies with the regulations of this Article, including but not limited to the
provisions set forth in Sections 15-30.030 and 15-30.040; and
(2) Each sign is consistent with any approved sign program for the subject site; and
(3) Each sign is consistent with any applicable Specific Plan and/or Design Guidelines for
the subject district; and
(4) The quantity, size, proportion, height, and spacing of signs minimizes the perception of
clutter; and
(5) Each sign is compatible with: a) other nearby signs; and b) the building and/or site upon
which it is located; and c) adjacent structures and the general vicinity. Compatibility shall
be determined by the relationships of the elements of form, proportion, scale, color,
materials, surface treatment, overall sign size, and the size and style of lettering.
(f) 30 Day Review. The City shall comply with California Government Code §65920 through
§65965 and Public Resources Code §21151.5, including the time limits contained therein.
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Exhibit A Draft as of 3-8-12
Within 30 days after receipt of an application for a sign permit, the Director shall inform the
applicant in writing if the application is incomplete and will list the submittals required to
complete the application. If the Director does not notify the applicant within 30 days after
receipt that the application is incomplete, then the application will be deemed complete.
(g) Application Approval. If a proposed sign complies with the requirements of this Article, the
reviewing body shall grant the requested sign permit. If a proposed sign does not comply
with the requirements of this Article, the reviewing body shall either deny the requested sign
permit or grant it subject to conditions that will bring the sign into conformance with this
Article. Any denial or conditional grant of a sign permit shall be accompanied by written
findings stating the reasons for the denial or conditional permit.
(h) Appeal. A decision or determination made under this Article may be appealed in accordance
with the procedure set forth in Article 15-90 of this Chapter.
(i) Sign Permit Revocation. The City shall reserve continuing jurisdiction over a sign permit
and may revoke the same upon any failure by the permittee to comply with any condition set
forth therein.
15-30.160 - Sign Program
(a) Purpose. The purpose of a Sign Program is to achieve a consistent theme and visual
harmony among all permanent signs erected on a single lot. In order to achieve this purpose,
a Sign Program may include exceptions to the requirements contained in this Article limiting
the number and size of individual permanent signs erected and maintained on any one lot, as
well as their design features (including but not limited to illumination, color, material, letter
size, height etc.), upon making the findings in subsection 15-30.160(c).
(b) Eligibility. Any property owner may apply for a Sign Program. All advertising signs on lots
with five (5) or more uses shall be regulated under a Sign Program. If such a property does
not have a Sign Program, the property owner shall receive approval for a Sign Program prior
to installation of any new permanent advertising signs or the alteration of any existing
permanent advertising signs.
(c) Sign Program Application Review.
(1) The Planning Commission shall review and approve or deny, pursuant to this Article and
the findings in Subsection 15-30.160(e), all Sign Program applications.
(2) A public hearing is required for all new Sign Programs, pursuant to Subsection 15-
30.150(d).
(3) The Planning Commission shall comply with California Government Code § 65920
through § 65965 and Public Resources Code § 21151.5, including the time limits
contained therein, in reviewing Sign Program applications. Within 30 days after receipt
of an application for a Sign Program, the Director shall inform the applicant in writing if
the application is incomplete and will list the submittals required to complete the
application. If the Director does not notify the applicant within 30 days after receipt that
the application is incomplete, then the application will be deemed complete.
(d) Sign Program Application Requirements. An application for a Sign Program shall include
all of the following information:
(1) All of the information required under subsection 15-30.150(a) of this Article.
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Exhibit A Draft as of 3-8-12
(2) Theme. A graphical representation of the visual theme of the Sign Program including
how individual signs will relate to one another through common elements such as size,
shape, material, color, location, illumination, letter style, or letter size.
(3) Sign Area Distribution. Describe how the total sign area allowed under the proposed
Sign Program will be distributed, e.g., the area will be limited by the square footage of
tenant space or an anchor tenant will be allowed a larger percentage of area than other
tenants.
(e) Sign Program Findings. The Planning Commission shall grant approval of a Sign Program
if and only if all of the following findings are made:
(1) All signs described in the Sign Program satisfy the criteria set forth in Sections 15-
30.040 of this Article; and
(2) The total area of all permanent signs governed by the Sign Program is not greater than the
total area of all permanent signs otherwise allowed on the lot by this Article.
(3) The quantity, size, proportion, height, and spacing of signs minimizes the perception of
clutter; and
(4) The signs governed by the Sign Program are compatible with: a) other nearby signs; and
b) the building and/or site upon which it is located; and c) adjacent structures and the
general vicinity. Compatibility shall be determined by the relationships of the elements of
form, proportion, scale, color, materials, surface treatment, overall sign size, and the size
and style of lettering.
(f) Sign Program Approval. If a proposed Sign Program complies with the requirements of this
Article, the reviewing body shall grant the requested Sign Permit. If a proposed sign does not
comply with the requirements of this Article, the reviewing body shall either deny the
requested sign permit or grant it subject to conditions that will bring the sign into
conformance with this Article. Any denial or conditional grant of a sign permit shall be
accompanied by written findings stating the reasons for the denial or conditional permit,
(g) Appeal. A decision or determination made under this Article may be appealed in accordance
with the procedure set forth in Article 15-90 of this Chapter.
(h) Sign Program Revocation. The City shall reserve continuing jurisdiction over a Sign
Program and may revoke the same upon any failure by the permittee to comply with any
condition set forth therein.
(i) Implementation.
(1) Existing signs must be brought into compliance with an applicable Sign Program upon
alteration, as defined in Section 15-30.020.
(2) All new signs, including replacement signs, shall comply with the Sign Program.
(j) Modifications. Any modifications to a Sign Program shall require a new application.
15-30.170 – Expiration, Extension, and Renewal of Sign Permit Approval
(a) Expiration. An application approved in accordance with this Article shall be deemed to have
expired, when any of the following occurs:
(1) When a sign permitted by the approved sign permit or sign program has not been erected
within three (3) years of approval, or for signs associated with other land use approvals
within the maximum time limit of the land use approval. The time period, within which a
project must be commenced starts on the effective date of a decision approving a project
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Exhibit A Draft as of 3-8-12
or the end of the appeal period, whichever is longer. When there is an appeal, the
effective date is the date of the final determination of the appeal.
(2) When a building permit for the sign has expired, and the Building Official does not renew
the building permit within one hundred eighty days after expiration.
(3) When a business, that has obtained a sign permit to erect or maintain a sign at a certain
location, has been closed at such location for a period of at least one (1) year.
(b) Extension. The Community Development Director may extend a sign permit for a single
period of twelve months if an application for extension is filed no earlier than three months
prior to the expiration date and no later than one month prior to the expiration date.
(c) Renewal. Any approved application which has been allowed to expire shall be subject to the
filing of a new application pursuant to this Article.
15-30.180 – Sign Alteration
(a) Except as otherwise provided in the Saratoga Municipal Code, no person shall alter a sign
unless the alteration conforms to this Article.
(b) Any sign erected or displayed pursuant to a sign permit must obtain a new sign permit for
any alteration.
(c) Replacement of the sign face shall be considered an alteration, unless such replacement
results in a sign that is visually identical to the original sign.
15-30.190 – Sign Conformance, Violations and Abatement of Illegal signs
(a) Illegal Signs. Any sign, including its supporting structure, other than a legal non-conforming
sign, as defined in subsection 15-30.190(b), that is in violation of this Article shall be deemed
to be a public nuisance and shall be made to conform or removed by the owner of the
property on which it is located upon thirty (30) days written notice by the City.
(b) Legal Non-Conforming Signs. A "legal nonconforming sign" is a sign that was in existence
on the effective date of the ordinance adopting this Article and that does not conform to the
provisions of this Article. A “legal nonconforming sign” shall not be considered an “illegal
sign” or in violation of this Article unless (1) it is altered or relocated, or (2) the owner of the
sign obtains any conditional use permit, design review, or other land use entitlement for the
property on which the “legal nonconforming sign” is located, at which time the “legal
nonconforming sign” shall be removed or made to conform. The owner of the sign shall bear
the burden of demonstrating to the Director that the sign was in existence on the effective
date of the ordinance adopting this Article, and the Director’s determination shall be final.
Notwithstanding the foregoing, all legal nonconforming signs must comply with the
maintenance requirements of Subsection 15-30.040(i).
(c) Signs on Public Property. Any sign located upon or affixed to any public property in
violation of the provisions of this Article is subject to removal, upon giving at least three
days’ prior written notice of such violation and intended removal to the sign owner. If the
sign owner cannot be ascertained or found after reasonable efforts to do so, the notice shall
be posted upon the sign for a period of at least three days prior to the removal of the sign.
Any such sign that constitutes an immediate and substantial hazard to the public health or
safety may be promptly abated and removed with written notice of the removal provided to
the sign owner, or without notice if the owner cannot be promptly ascertained.
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Exhibit A Draft as of 3-8-12
(d) Sign Removal. Except as provided in subsection 15-30.190(b), all signs presently existing
and not in conformity with the provisions of this Article constitute a violation of this Code
and shall be removed or made to conform to the provisions of this Article.
(1) Any sign removed pursuant to this Article will be retained by the City for a period of at
least ten days, during which the sign owner may retrieve the sign upon payment of all
removal costs or an administrative fine established by the City Council, whichever is
greater. Any person desiring to contest such payment may request a hearing before the
City Manager, who shall waive the payment if he determines that the sign did not violate
any provisions of this Article. The decision of the City Manager shall be final.
(2) Any sign not retrieved within the ten-day period shall conclusively be deemed to have
been abandoned by the owner thereof and may be destroyed or otherwise disposed of by
the City. The City shall have the right to recover from the owner of such sign all removal
and destruction costs.
(e) Each sign found to be in violation of any provision of this Article shall constitute a separate
violation of this Code.
(f) The enforcement of sign regulations pursuant to this Section shall be in addition to any other
rights and remedies available to the City under Chapter 3 of this Code by reason of the same
violation.
15-30.200 – Sign Permit Variance.
(a) The Planning Commission shall grant a variance to any of the size, design or temporal
requirements contained in this Article if and only if all of the following findings are made:
(1) Strict compliance with the size, design, or temporal requirements would result in practical
difficulty or unnecessary hardship inconsistent with the purposes of this Article, due to
unique physical or topographic circumstances or conditions of design; and
(2) Strict compliance with the size, design, or temporal requirements would deprive the
applicant of privileges enjoyed by owners of similarly zoned property.
(3) The extent of the variance from the requirements of this Article shall be limited to that
reasonably necessary to alleviate the problem created by the unique or unusual
circumstances or conditions identified pursuant to subsection (a)(1), above.
(b) No other provision in the Municipal Code authorizing a variance or exception to the City’s
zoning regulations shall apply to the requirements of this Article.
(c) Within 30 days after receipt of an application for a sign variance, the Community
Development Director shall inform the applicant in writing if the application is incomplete
and will list the submittals required to complete the application. If the Community
Development Director does not notify the applicant within 30 days after receipt that the
application is incomplete, then the application will be deemed complete.
15-30.210 – Substitution Clause
(a) A sign displaying a protected non-commercial message of any type is allowed anywhere that
commercial signs are allowed, subject to the same regulations applicable to such commercial
signs. The purpose of this provision is to prevent any inadvertent favoring of commercial
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Exhibit A Draft as of 3-8-12
19
speech over non-commercial speech, or favoring of any particular non-commercial message
over any other non-commercial message.
(b) This message substitution provision does not: 1) create a right to increase the total amount of
signage on a parcel, lot or land use; 2) affect the requirement that a sign structure or
mounting device be properly permitted; 3) allow a change in the physical structure of a sign
or its mounting device; or 4) authorize the substitution of an off-site commercial message in
place of an on-site commercial message or in place of a non-commercial message.
15-30.220 – Severability. If any subsection, sentence, clause or phrase of this Section is for any
reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining portions of this Article. It is hereby declared to be
the intention of the City Council that each subsection, sentence, clause or phrase in this Article
shall be severable.
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Article 15-30 - SIGNS
Sections:
15-30.010 - Purposes of Article.
15-30.020 - Definitions.
15-30.030 - Prohibited signs.
15-30.040 - General regulations.
15-30.050 - Requirement for permit; exemptions.
15-30.060 - Application for permit.
15-30.070 - Criteria for review of application.
15-30.080 - Signs in agricultural and residential districts.
15-30.090 - Signs in professional and administrative office districts.
15-30.100 - Signs in commercial districts.
15-30.110 - Repealed.
15-30.120 - Temporary subdivision signs.
15-30.130 - Temporary construction signs.
15-30.140 - Public interest signs.
15-30.150 - Open house signs in residential districts.
15-30.160 - Temporary political signs.
15-30.170 - Gasoline price signs.
15-30.180 - Special permits from City Council.
15-30.190 - Prior condition for design review.
15-30.200 - Violations; removal of illegal signs on public property.
15-30.010 - Purposes of Article.
In order to preserve the natural beauty of the City, to maintain the orderliness of the community's
appearance, to conserve its residential character, and to protect the public safety, the location,
size, illumination and design of signs are regulated.
15-30.020 - Definitions.
In addition to the definitions set forth in Article 15-06, all of which are applicable herein, for the
purposes of this Article, the following words and phrases shall have the meanings respectively
ascribed to them in this Section, unless the context or the provision clearly requires otherwise:
(a) Construction sign means a temporary sign stating the names of those persons directly
connected with the construction of a real estate development project, and may include their
addresses and telephone numbers.
(b) Directional sign means a sign, the sole purpose of which is to direct the flow of traffic,
indicate entrances or exits, transmit parking information or convey similar information.
(c) Free standing sign means a sign affixed to the ground and not affixed to any building.
(d) Gasoline price sign means a sign on the site of a gasoline service station indicating the brand
of motor vehicle fuel offered for sale thereat, the price per gallon or liter, the grade of fuel and
such other information as prescribed in Section 13532 of the State Business and Professions
Code. The term "gasoline price sign" shall not include any displays upon actual fuel pumps.
(e) Height, as applied to a sign, means the vertical distance measured from the lowest ground
level directly beneath the sign to the highest point at the top of the sign. The ground level shall
be either the natural grade or finished grade, whichever is lowest.
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(f)Identification sign means a sign, the sole purpose of which is to identify the site or the
building, use or persons occupying the site on which the sign is located.
(g)Illuminated sign means a sign having its own immediate source of internal or external
lighting.
(1)Internally illuminated sign means a sign with an immediate source of illumination
that is completely enclosed by the surface of the sign structure or the characters of the
sign.
(2)Externally illuminated sign means a sign with an immediate source of illumination
that is not completely enclosed by any portion of the sign.
(h)Open house sign means an off-site portable sign directing prospective purchasers to the
location of a single-family dwelling being offered for sale and open for visitation by the public at
the time the sign is displayed.
(i)Political sign means a temporary sign which directly relates to a candidate for public office or
to a ballot issue, in an election conducted by a governmental entity.
(j)Portable sign means any sign which is intended to be moved or capable of being moved,
whether or not on wheels or other special supports, including, but not limited to, "A-frame" type
signs, placards and banners.
(k) Real estate sign means a temporary sign advertising the sale, lease or rental of the real
property, or any portion thereof, upon which the sign is located and the identification of the
person handling such sale, lease or rental.
(l)Sign means any lettering, symbol or other thing of visual appearance primarily used for, or
having the effect of, attracting attention from the street, sidewalk or other outside public area for
advertising or identification purposes. A sign shall not mean displays of merchandise or products
for sale on the premises, or ornamentation, designs, pictures, paintings or other such art forms
unless the attraction, because of location, size, use or nature thereof, has the substantial effect of
attracting attention for advertising or identification purposes when viewed from an outside area.
(m)Sign area means the area of the smallest rectangle drawn to include all letters, designs, frame
and structural components which are part of the sign, but excluding any supports, uprights, posts
or structures by which any sign is supported unless such supports, uprights, posts or structures
are designed in such a manner as to form an integral background of the sign. In computing the
area of a double face sign, only one face of the sign shall be included, provided that the two faces
shall be approximately the same size and approximately parallel to each other and not more than
two feet apart at any point.
(n)Sign program means a general plan for signage, as approved by the City, pertaining to all or
any portion of a site and the buildings thereon, which may include, but is not limited to, the area,
dimension, color, material, design, size and illumination of all signs to be erected or installed
pursuant to the sign program.
(o)Special event sign means a temporary sign pertaining to events of civic, community,
philanthropic, educational or religious organizations, which are not conducted in connection with
the operation of a commercial enterprise.
(p)Subdivision sign means a temporary sign advertising a subdivision and providing travel
directions to single-family dwellings therein offered for sale or lease for the first time. The term
"subdivision sign" also includes a model home sign on the site of a single-family dwelling within
the subdivision.
(Amended by Ord. 245 § 2 (Att. A) (part), 2006)
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15-30.030 - Prohibited signs.
The following signs are prohibited:
(a)Reflective, flashing or moving signs, except for public service time and temperature signs
which shall not be flashing, animated or revolving in nature.
(b)Portable signs, except for open house signs, political signs and special event signs which
comply with the regulations of this Article.
(c)Streamers, banners, balloons, flares, flags, pennants, twirlers and similar attention-getting
devices, with the exception of the following:
(1)One national, state and local governmental flag properly displayed upon a single
flagpole.
(2)Holiday decorations, in season.
(3)Grand opening and special event displays which comply with the regulations of this
Article.
(d)Any sign affixed to any vehicle or trailer, unless the vehicle or trailer is intended to be used in
its normal business capacity and not for the primary purpose of advertising a use or event or
attracting persons to a place of business.
(e) Signs or sign structures which by color, wording or location resemble or conflict with traffic
control signs or devices.
(f)Signs that create a safety hazard by obstructing the clear view or safe movement of vehicular
or pedestrian traffic.
(g)Signs that obstruct any door, window, fire escape or other emergency exit of any building.
(h)Posters, placards, announcements, advertising and similar signs that are erected on any fence,
pole, tree, pavement, wall, bus stop, bench, or any other object in or upon a public highway,
public street or public right-of-way, excepting notices posted by a public officer in the
performance of a public duty, or by any person for the purpose of giving legal notice, and
warning or informational signs required or authorized by governmental regulations, or signs
approved in connection with special event sign permits issued pursuant to Section 15-30.180, or
temporary use permits issued pursuant to Article 15-60
(Amended by Ord. 71-152 § 1, 1995; Ord. 71-152.1 §§ 1, 3, 1997; Ord. 245 § 2 (Att. A) (part),
2006)
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15-30.040 - General regulations.
(a)Compliance with Article. No sign shall be erected, installed, altered or maintained in any
zoning district in the City, including public and private streets therein, except in conformity with
the provisions of this Article.
(b)Compliance with district regulations. All signs shall comply with the particular regulations
of the district in which they are located.
(c)Site restriction. All signs shall be located on the same site as the use they identify or
advertise, except temporary subdivision signs as described in Section 15-30.120, public interest
signs as described in Section 15-30.140, open house signs as described in Section 15-30.150, and
temporary political signs as described in Section 15-30.160
(d)Sign projection. No sign shall extend above the ridge line of a building, nor project more
than thirty inches from the outside wall of a building, nor more than twelve inches over any
street or alley.
(e)Illuminated signs. No sign shall be illuminated so that the primary source of light is visible
from off the property or in such way as to cause annoying glare. The source or sources of
external lighting intended to illuminate any sign shall not exceed a total of two hundred watts.
The permit for an illuminated sign may be issued subject to conditions, including, but not limited
to, the number, location and intensity of all light sources and the time during which the sign may
be illuminated. The City shall reserve continuing jurisdiction over such permit and may revoke
the same upon any failure by the permittee to comply with any condition set forth therein.
(f)Size of letters. Unless otherwise prescribed in this Article, no sign shall have letters greater in
size than eighteen inches in any dimension, except that in the M district, letters of sixty inches
may be permitted.
(g)Construction standards. All signs shall be constructed in such manner as to protect the
public safety. Construction standards shall be as set forth in the latest edition of the Uniform
Building Code as adopted by the City.
(h)Free standing signs. Except as otherwise expressly provided in this Article, all signs shall be
affixed to the building or structure, the use of which is being advertised or identified, and shall
not be free standing. Where free standing signs are allowed and except as otherwise provided in
this Article, such free standing signs shall not exceed ten feet in height.
(i)Multiple uses on same site. Where more than one use is lawfully being conducted upon the
same site, the total signage for each separate use shall not exceed the sign area for such use as
prescribed in this Article. No sign area may be increased by reason of there being no signage or
reduced signage for another use upon the same site.
(j)Reduction of sign area. The regulations concerning sign area, as set forth in this Article,
represent the maximum size which may be permitted in the absence of a variance but do not
confer upon any person the right to erect, install or maintain a sign or signs having such
maximum area. As a condition for the granting of any sign permit hereunder, the approving
authority may require that the size of the sign be reduced below the maximum sign area set forth
herein, based upon a finding that such reduction is necessary to satisfy the criteria set forth in
Section 15-30.070 of this Article.
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15-30.050 - Requirement for permit; exemptions.
(a)No person shall place, erect, install, or maintain any sign in the City without first obtaining a
sign permit pursuant to this Article, unless such sign is exempted under the provisions of
subsection (b) of this Section.
(b)Except in the case of illuminated signs or any signs that are subject to approval by the City
under the terms of any sign program or as a condition of any building site approval, use permit,
variance, design review or other approval granted by the City, the following signs shall be
exempted from the requirement of a permit hereunder:
(1)One identification sign, not exceeding ten square feet in area, which is not free standing.
(2)Not more than two directional signs upon a single site, each sign not exceeding three
square feet in area and five feet in height. Such signs may be free standing.
(3)One national, state and local governmental flag properly displayed upon a single flag pole.
(4)Holiday decorations, in season.
(5)Open house signs which comply with the requirements of Section 15-30.150
(6)Political signs which comply with the requirements of Section 15-30.160
(7)One real estate sign, not exceeding six square feet in area if located in an A, R-1, HR, R-
OS or R-M district, and not exceeding twelve square feet in area if located in a P-A or C
district. The sign may be free standing, but in such event shall not exceed four feet in height.
(8)One bulletin board, not exceeding twenty square feet in area and not more than ten feet in
height, on the site of a school or religious institution, provided the content of the sign relates
to an activity conducted at, or sponsored by, the school or religious institution.
(9)Official traffic, fire and police related signs, temporary traffic control signs used during
construction, utility location and identification signs and markers required to protect such
facilities, and any signs required by the City or any other public authority to be erected,
installed or maintained.
(10)Notices required to be posted by law.
(Amended by Ord. 71.98 § 5, 1991; Ord. 71.113 § 4, 1992)
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15-30.060 - Application for permit.
(a)Application for a sign permit hereunder shall be made to the Community Development
Director on such form as he may prescribe. If the site on which the sign will be displayed is
already subject to a sign program approved by the City, if the sign is a temporary real estate,
construction, subdivision, special event or grand opening sign or a directional sign, or (except in
the case of illuminated signs) if the sign is for an individual business or activity, the application
may be acted upon by the Director; otherwise, the application shall be acted upon by the
Planning Commission. Notwithstanding the preceding sentence, the Director may refer any
application for a sign permit to the Planning Commission for a decision thereon.
(b)The application shall contain the following information:
(1)The location and size of any existing or proposed buildings and structures on the site.
(2)The location of off-street parking and loading spaces, including major points of entry
and exit for motor vehicles, where directional signs are proposed.
(3)The location of the proposed sign and its relationship to existing or proposed adjacent
buildings and structures on the site.
(4)A scale drawing showing the size, height, dimensions and content of the proposed sign
or sign structure and also indicating the colors and materials thereof.
(5)The location and size of all other existing signs on the site.
(6)If the sign is to be illuminated, the method, source and intensity of illumination.
(7)Such other information as the Community Development Director or the Planning
Commission may require in order to determine whether the proposed sign will comply
with the regulations and standards contained in this Article.
(Amended by Ord. 71-180 § 1, 1998)
15-30.070 - Criteria for review of application.
The following criteria shall be applied in reviewing applications for sign permits hereunder:
(a) That the sign complies with the regulations of this Article and the regulations of the district in
which it will be located;
(b) That the size, shape, color, illumination, placement and material of the sign is compatible
with the building it identifies and with the visual characteristics of the neighborhood and other
lawful signs in the area;
(c) That the location and design of the sign does not obscure from view or unduly detract from
existing adjacent signs;
(d) That the location and design of a sign in close proximity to any residential district will not
adversely affect the quality or character of such residential area.
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15-30.080 - Signs in agricultural and residential districts.
No sign of any character shall be permitted in an A, R-1, HR, R-OS or R-M district, except the
following:
(a) An identification sign, not exceeding twenty-four square feet in area, on the site of a public
building or grounds, a community facility, an institutional facility or a religious institution. Such
signs may be free standing.
(b) A bulletin board, not exceeding twenty square feet in area and ten feet in height, on the site of
a school or religious institution, provided the content of the bulletin board relates to an activity
conducted at, or sponsored by, the school or religious institution. Such bulletin board may be free
standing.
(c) An identification sign, not exceeding sixteen square feet in area, on the site of a multi-family
dwelling. Such sign may be free standing.
(d) A name plate, not exceeding one square foot in area, pertaining to a home occupation.
(e) A nonilluminated real estate sign, not exceeding six square feet in area. The sign may be free
standing, but in such event shall not exceed four feet in height.
(f) A permanent sign, not exceeding twenty-four square feet in area, identifying a subdivision,
located adjoining each entrance to a subdivision.
(g) Temporary subdivision signs, subject to the regulations prescribed in Section 15-30.120
(h) Temporary construction signs, subject to the regulations prescribed in Section 15-30.130
(i) Public interest signs, subject to the regulations prescribed in Section 15-30.140
(j) Open house signs, subject to the regulations prescribed in Section 15-30.150
(k) Temporary political signs, subject to the regulations prescribed in Section 15-30.160
(l) Gasoline price signs, subject to the regulations prescribed in Section 15-30.170
(m) An identification sign, not exceeding ten square feet in area, on the site of a day care facility.
(Amended by Ord. 71.98 § 6, 1991; Ord. 71.113 § 5, 1992)
180
15-30.090 - Signs in professional and administrative office districts.
No sign of any character shall be permitted in a P-A district, except the following:
(a) An identification sign, not exceeding two square feet in area, for each use upon the site of a
professional, administrative or medical office building.
(b) Directional signs, each not exceeding three square feet in area and five feet in height. Such
signs may be free standing. If more than two directional signs are proposed, the number and
location of such signs shall be subject to approval by the Planning Director.
(c) An identification sign, not exceeding twenty-four square feet in area, on the site of a public
building or grounds, a community facility, an institutional facility, or a religious institution. Such
sign may be free standing.
(d) Where multiple office buildings are located upon a single site which is three acres or greater
in size, either or both of the following signs may be allowed in addition to all other signs
permitted under this Section:
(1) A free standing site identification sign, not exceeding thirty square feet in area and four
feet in height.
(2) An identification sign for each office building on the site, indicating the location of a
building and/or identifying the occupants thereof, each sign not exceeding six square feet in
area. The signs may be free standing, but in such event shall not exceed five feet in height.
The Planning Commission shall have authority to grant exceptions to the regulations
contained in this subsection with respect to the number, size and height of identification
signs, through the granting of a use permit pursuant to Article 15-55 of this Chapter.
(e) A nonilluminated real estate sign, not exceeding twenty-four square feet in area. The sign
may be free standing, but in such event shall not exceed eight feet in height, as measured from
the top of the curbline, or the pavement surface where no curb exists, of the nearest street
adjacent to the sign.
(f) Temporary construction signs, subject to the regulations prescribed in Section 15-30.130
(g) Public interest signs, subject to the regulations prescribed in Section 15-30.140
(h) Temporary political signs, subject to the regulations prescribed in Section 15-30.160
(i) Gasoline price signs, subject to the regulations prescribed in Section 15-30.170
(Amended by Ord. 245 § 2 (Att. A) (part), 2006)
181
15-30.100 - Signs in commercial districts.
No sign of any character shall be permitted in a C district, except the following:
(a) Identification signs which comply with any one of the following standards:
(1) One-half square foot of area for each foot of width of the front elevation of the building
and side elevation on the street side of a corner lot; or
(2) One-fourth square foot of area for each foot of street frontage of the site; or
(3) One-half square foot of area for each foot of store frontage. The term "store frontage," as
used herein, means that side, or those sides of the building where the main entrance to each
business establishment conducted therein is located. For the purposes of computing sign area
hereunder, no single business establishment may have a main entrance on more than one side
of the same building. In no event shall the aggregate area of all identification signs upon a
site exceed forty square feet for each use upon such site.
(b) Directional signs, each not exceeding three square feet in area and five feet in height. Such
signs may be free standing. If more than two directional signs are proposed, the number and
location of such signs shall be subject to approval by the Planning Director.
(c) A free standing identification sign for a site containing five or more separate uses, not
exceeding forty square feet in area. Such sign may be in addition to all other signs permitted
under this Section.
(d) A bulletin board, not exceeding twenty square feet in area and ten feet in height, on the site of
a religious institution, provided the content of the bulletin board relates to an activity conducted
at, or sponsored by, the religious institution. Such bulletin boards may be free standing.
(e) An identification sign, not exceeding sixteen square feet in area, on the site of a multi-family
dwelling, motel or hotel. Such sign may be free standing. Signage for the uses referred to herein
shall be regulated by this subsection and not subsection (a) of this Section.
(f) A nonilluminated real estate sign, not exceeding twenty-four square feet in area. The sign
may be free standing, but in such event shall not exceed four feet in height.
(g) Temporary construction signs, subject to the regulations prescribed in Section 15-30.130
(h) Public interest signs, subject to the regulations prescribed in Section 15-30.140
(i) Temporary political signs, subject to the regulations prescribed in Section 15-30.160
(j) Gasoline price signs, subject to the regulations prescribed in Section 15-30.170
(k) Special event signs, not exceeding ten square feet in area, may be permitted, provided such
signs are posted for not more than thirty days prior to the event and are removed within two days
after such event.
(l) Temporary grand opening signs or banners, not exceeding twenty square feet in area, may be
permitted to announce the commencement of a new business establishment. Such signs shall not
be displayed more than thirty days.
(Amended by Ord. 71.153 § 1, 1995)
15-30.110 - Repealed.
(Ordinance 71.59, adopted March 15, 1989.)
182
15-30.120 - Temporary subdivision signs.
In an A, R-1, HR, R-OS or R-M district, temporary free standing subdivision signs shall be
permitted, provided they conform with the following regulations:
(a) On-tract signs. One sign, not exceeding twenty-four square feet in area, advertising a
subdivision, may be erected or displayed adjoining each street on which the subdivision abuts
and adjoining each entrance to the subdivision.
(b) Model home signs. A sign, not exceeding six square feet in area, advertising a model home,
may be erected or displayed on the site of each model home in a subdivision.
(c) Off-tract directional signs. Not more than two directional signs, each not exceeding
eighteen inches by thirty inches in size, may be erected or displayed adjoining the intersections
of streets leading to a subdivision.
(d) Issuance, duration and renewal of sign permit. A sign permit for temporary subdivision
signs may be issued at any time after recordation of the final subdivision map, and shall be for a
term not exceeding one year. The signs shall then be removed unless, prior to the expiration of
one year, renewal of the permit for a period of not more than one additional year shall be
approved by the Planning Director.
(Amended by Ord. 71.98 § 7, 1991; Ord. 71.113 § 6, 1992)
15-30.130 - Temporary construction signs.
A temporary construction sign may be permitted in any district so long as it conforms with the
following regulations:
(a) The sign shall be located on the same site as the construction project. A freestanding sign
may be permitted.
(b) No more than one sign having an area not exceeding fifteen square feet may be erected or
displayed on the site, and where the development consists of a residential subdivision where a
temporary on-tract subdivision sign would be permitted, then no temporary construction sign
shall be permitted.
(c) The sign permit may be issued at any time on or after issuance of the building permit for the
building or structure in question. The sign permit shall expire six months following the date on
which such permit was issued or upon the sooner completion of construction. The sign shall be
removed on expiration of the permit unless prior to expiration the sign permit is renewed on
approval of the Planning Director, which renewal shall in no event be for a period in excess of an
additional six months. The sign permit shall not thereafter be further renewed.
15-30.140 - Public interest signs.
(a) Both on-site and off-site directional and identification signs shall be permitted in any zoning
district to advertise, identify or direct persons to public and quasi-public areas, centers and
institutions, and such other areas, whether natural or artificial, which, in the opinion of the
Planning Commission, are points of general public interest.
(b) This Section shall apply to multiple signs on a single structure advertising service clubs and
the chamber of commerce, but the same shall be limited to one such sign structure adjacent to an
arterial street at each entrance to the City, and the total area of the sign structure shall not exceed
fifty square feet.
183
15-30.150 - Open house signs in residential districts.
(a) Nonilluminated open house signs are permitted in any zoning district, subject to the following
restrictions:
(1) There shall be no more than one open house sign oriented in the same direction at any
intersection.
(2)The open house sign shall not exceed one square foot of area and four feet in height, and
shall be fixed to a single pole of wood or metal material, or shall be an "A" frame,
freestanding sign.
(3) No open house signs shall be located in medians.
(4) No open house sign shall be placed upon any public property; provided, however, where
the public right-of-way extends into a parkway strip or the planted area adjacent to the curb,
between the street or curb and adjacent private property, an open house sign may be placed
within such parkway strip upon obtaining permission from the owner of the adjacent private
property. To the extent authorized by this subsection, open house signs are an exception to
the prohibition set forth in Sections 15-30.030(h).
(5) No open house sign shall include balloons, ribbons, streamers, or other appurtenances.
(6) No open house sign shall be placed upon any private property without first obtaining
permission from the owner of such property.
(7) An identification shall be printed upon or affixed to every open house sign indicating the
name, real estate company affiliation, address and telephone number of the sign owner.
(8) Each real estate company shall apply and receive approval for an annual encroachment
permit from the City Engineer. The encroachment permit shall be valid for one year and shall
be renewed annually. The encroachment permit shall be valid only for employees,
independents or affiliate members of the real estate company.
(9) The open house sign shall be removed each day after the closing of the open house for
that day, and no later than 6:00 P.M., November 1st through March 31st; and 8:00 P.M.,
April 1st through October 31st.
(b) If any open house sign is found to violate any of the restrictions contained in this Section,
then notwithstanding the provisions of Section 15-30.200, such sign may be summarily removed
by the Maintenance Director or his representative, or any Community Service Office, or any
other City employee authorized by the City Manager to remove such sign. The sign owner shall
be responsible for payment of a fine in the amount of fifty dollars for each sign so removed. In
cases where a duly authorized representative of the City has direct contact with the violator of
these provisions, this person shall be responsible for the payment of the aforementioned fines. A
written notice of the removal shall be given to the sign owner stating that the sign may be
reclaimed within ten days and will be returned to the owner upon payment of the fine specified
herein, except that no such notice shall be required if the owner is not identified on the sign. In
the event the sign is not reclaimed within the time allowed to do so, the sign may be destroyed or
otherwise disposed of by the Maintenance Director. Unclaimed signs may be sold to real estate
companies, their employees, independents, or affiliates, at a price determined by the Planning
Director.
(Amended by Ord. 71.95 § 1, 1991; Ord. 71-152 § 2, 1995)
184
15-30.160 - Temporary political signs.
(a) Sign restrictions. A temporary political sign may be erected only in accordance with the
following restrictions:
(1) No temporary political sign may be illuminated in any manner other than by previously
existing lighting sources normally used for illumination of the area where the sign is erected.
(2) No temporary political sign may be affixed to any pole or wire appurtenance thereof on
which is affixed any traffic sign, traffic signal, street sign, parking sign or other traffic
control device installed by any public agency for public information purposes, nor may any
temporary political sign be erected in a manner or place that will obstruct normal visibility of
such traffic signs, traffic signals, street signs, parking signs or other traffic control devices.
(3) No temporary political sign may be erected upon or affixed to any sidewalk, crosswalk,
police or fire alarm system, hydrant, or any public building or other public structure.
(4) No temporary political sign may be erected within or upon the right-of-way of any public
highway or public street.
(5) No temporary political sign may exceed an area of five square feet.
(6) No temporary political sign may be erected having bracing or backing material thicker
than one-half inch, except for support posts firmly planted in the ground.
(b) Removal. A temporary political sign shall be completely removed not later than five days
after the date of the election to which it relates.
(c) Any person intending to install temporary political signs or any person on whose behalf such
signs are to be installed, shall, at least two business days prior to such installation, file a
declaration of such intent with the City Clerk. Such declaration shall contain an agreement to
remove such signs within the applicable time limitation of subsection (b) of this Section and an
agreement to pay any cost incurred by the City as a result of the declarant's failure to remove
such signs. Upon failure of the declarant to remove such signs within such time, City shall
immediately remove such signs and collect the cost of such removal from the declarant pursuant
to such agreement.
(d) Any person installing temporary political signs without having filed a declaration of such
intent, or any person on whose behalf such signs are installed, shall remove such signs or file a
declaration within thirty-six hours upon receipt of notice to remove from the City Clerk. Upon
failure of such person to remove such signs, or in the event that the City Clerk is unable to
determine the identity of the person who installed such signs or the identity of the person on
whose behalf such signs were installed, the City Clerk shall immediately have such signs
removed, and if the identity of the person who installed such signs or the identity of the person
on whose behalf such signs were installed can be determined, collect the cost of such removal
from such person.
(e) Any cost incurred by the City in the removal of temporary political signs pursuant to this
Section is declared to be a debt of the person installing such signs and a debt of the person on
whose behalf such signs were installed to the City of Saratoga.
(Amended by Ord. 71-117 § 1, 1992; Ord. 71-121 § 1, 1993; Ord. 71-152 § 3, 1995; Ord. 245 §
2 (Att. A) (part), 2006)
185
15-30.170 - Gasoline price signs.
A single gasoline price sign, as required under Section 13531(a) of the State Business and
Professions Code, shall be permitted on the site of a gasoline service station. Such sign may be
free standing, if necessary to comply with the requirements of Section 13531(a) concerning
visibility from the street adjacent to the site. The gasoline price sign shall comply with the
following requirements:
(a) The sign shall advertise not more than the three major grades of motor vehicle fuel offered
for sale.
(b) The numerals designating the price of motor fuel shall not exceed six inches in height.
Fractions shall be considered one numeral. All other letters, figures or numerals on the sign shall
not exceed two inches in height, unless otherwise approved by the Planning Commission.
(c) The area of the sign shall not exceed ten square feet unless the applicant demonstrates, to the
satisfaction of the Planning Commission, that a greater size is needed to contain all of the
numerals, words and figures required to be shown on the sign under the applicable provisions of
Section 13532 of the State Business and Professions Code.
(d) The area of the sign shall be included in the sign area otherwise permitted for the site under
the terms of this Article to the extent that such area exceeds the size restriction set forth in
subsection (c) of this Section.
15-30.180 - Special permits from City Council.
Nothing contained in this Article shall prohibit the City Council from granting a temporary
special permit or otherwise permitting, on such terms as it deems proper, signs, banners or other
advertising pertaining to any civic, patriotic or special event of general public interest.
15-30.190 - Prior condition for design review.
Any condition or requirement for design review of any sign, as may be contained in any building
site approval, use permit, variance, design review or other approval granted by City shall be
construed as requiring a sign permit issued pursuant to this Article.
186
15-30.200 - Violations; removal of illegal signs on public property.
(a) Each sign found to be in violation of any provision of this Article shall constitute a separate
violation of this Code.
(b) The Maintenance Director or his representative may remove any sign located upon or affixed
to any public property in violation of the provisions of this Article, upon giving at least three
days' prior written notice of such violation and intended removal to the sign owner. If the sign
owner cannot be ascertained or found after reasonable effort to do so, the notice shall be posted
upon the sign for a period of at least three days prior to the removal of the sign.
(c) Notwithstanding subsection (b) of this Section or any other provision of this Code, the
Maintenance Director or his representative may summarily abate and remove any sign located
upon or affixed to any public property which constitutes an immediate and substantial hazard to
the public health or safety. The Maintenance Director shall promptly thereafter give written
notice of the removal to the sign owner, if such owner can be ascertained or found, stating the
location of the sign and the procedure for retrieval thereof by the sign owner.
(d) Any sign removed by the Maintenance Director pursuant to subsection (b) or (c) of this
Section shall be retained by him for a period of at least ten days, during which the sign owner
may retrieve the sign upon payment of all removal costs or an administrative fine in the amount
of ten dollars, whichever is greater. Any person desiring to contest such payment may request a
hearing before the City Manager, who is authorized to waive the payment if he determines that
the sign did not violate any provisions of this Article. The decision of the City Manager shall be
final.
(e) Any sign not retrieved within the ten-day period specified in subsection (d) of this Section
shall conclusively be deemed to have been abandoned by the owner thereof and may be
destroyed or otherwise disposed of by the Maintenance Director. The City shall have the right to
recover from the owner of such sign all removal and destruction costs.
(f) The enforcement of sign regulations pursuant to this Section shall be in addition to any other
rights and remedies available to the City under Chapter 3 of this Code by reason of the same
violation.
187
SUMMARY OF CHANGES:
The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for
Article 15-30 - Signs.
1
Topic Current Issues Proposed Changes
SIGN CONTENT
AND OVERALL
APPROACH
Many of the current sign
regulations are specific
to the type of content on
the sign (e.g., directional
or identification signs).
However, in order to
comply with the 1st
Amendment of the U.S.
Constitution, the
ordinance should be
content neutral.
The primary goal of the new Ordinance is to eliminate
direct references to content.
The draft changes include the creation of sign districts to
address the aesthetic characteristics of commercial and
professional-office districts in different areas of the city.
The draft changes generally maintain or increase the
allowable amount of signage.
PURPOSES
The current purposes
section of the sign
ordinance lacks some
language that could be
more helpful for
clarifying the intent of
the sign code.
The current ordinance
states: “In order to
preserve the natural
beauty of the City, to
maintain the orderliness
of the community's
appearance, to conserve
its residential character,
and to protect the public
safety, the location, size,
illumination and design
of signs are regulated.”
This section has been amended to help clarify the intent of
the sign ordinance.
The draft changes indicate the purposes are to:
(a) The purposes of the regulations in this Article are to:
(b) Ensure high-quality designed signs are compatible
with adjacent land uses and preserve the residential
character of the City;
(c) Prevent substandard sign generation and sign clutter
which is counterproductive to business and visually
unattractive to the community;
(d) Direct persons to various activities and enterprises in
the City;
(e) Protect the public safety and reduce traffic and safety
hazards through proper location and design of signs;
and
(f) Provide a reasonable and constitutional system of sign
control including the quantity, type, placement, size,
illumination and design of signs.
DEFINITIONS There are several
definitions in the current
ordinance that are
content based in nature.
There is a lack of
definitions that would
help staff and the public
interpret the sign code.
The following words/sign types were deleted:
Construction Sign
Directional Sign
Gasoline Price Sign
Height
Identification Sign
Open House Sign
Political Sign
188
SUMMARY OF CHANGES:
The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for
Article 15-30 - Signs.
2
Topic Current Issues Proposed Changes
Portable Sign
Real Estate Sign
Special Event Sign
Subdivision Sign
The following words were added for clarity:
Active Construction
Actively Marketed
Advertising Display
A-Frame Sign
Alteration
Building Sign
Business
City
Director
Double Faced Sign
Electronic Sign
Hand-Held Sign
Mobile Billboard Advertising Display
Multi-Family Dwelling
Non-Commercial Sign or Message
Off-site Sign
On-site Sign
Permanent Sign
Projecting Sign
Sign District
Sign Program
Street Frontage
Temporary Sign
Tenant Frontage
Traffic Control Signs or Devices
Wall Sign
Window Sign
Several other words in the current ordinance were
amended for clarity in the draft ordinance
GENERAL
PROVISIONS
The general provisions
section of the current
ordinance includes
specific provisions that
This section has been restructured so that specific
regulations regarding sign design (e.g., letter size,
illumination, sign projection, and free-standing signs) are
now under a new section entitled ‘Design Criteria’
189
SUMMARY OF CHANGES:
The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for
Article 15-30 - Signs.
3
Topic Current Issues Proposed Changes
would be better defined
in their own section.
There is no provision
regarding driver line-of-
site with regard to signs
near the street.
Sign maintenance and
sign legibility is not
regulated in the current
sign ordinance.
The subsections regarding compliance with article and
compliance with district regulations have been combined.
Language regarding sign height in street and driveway
intersections was added to ensure driver safety.
The subsection regarding ‘site restriction’ has been
amended to differentiate advertising signs from non-
commercial signs without direct reference to content.
The subsection regarding ‘reduction of sign area’ has been
amended. The words area, height, type, and number have
been added to this subsection for clarity.
The subsection regarding multiple uses has been clarified.
A requirement for legibility of signs was added.
A subsection regarding sign maintenance was added and
requires signs to be maintained free of peeling paint, etc.
DESIGN CRITERIA The design criteria for
various types of signs
are obscured within the
General Regulations
section of the current
ordinance and would be
easier to find in their
own section.
This new section is more concise regarding specific
regulations pertaining to sign design (e.g., letter size and
sign projection).
The reference to 60 inch tall letters for signs in the ‘M’
(industrial) district (which no longer exists) has been
deleted.
The definition for sign height was moved to this section
and deleted from the definitions section.
The definition for sign area was amended for clarity.
A subsection regarding sign materials was added.
The subsection regarding illuminated signs was amended.
Design criteria for monument signs and pole signs were
added.
The subsection regarding sign projection was amended
190
SUMMARY OF CHANGES:
The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for
Article 15-30 - Signs.
4
Topic Current Issues Proposed Changes
PROHIBITED
SIGNS
The current ordinance
includes words/sign
types that are that are
content based in
character. There is also
some redundancy in the
prohibited section of the
code.
Some words/sections were deleted to reduce redundancy
and some words/sign types were deleted to eliminate
references to content.
The prohibition of reflective, flashing or moving signs has
been made more explicit.
Added language regarding the prohibition of balloons, etc.
for commercial advertisement signs
Added language prohibiting ‘obscene’ signs
SIGNS ALLOWED
IN ANY ZONING
DISTRICT
WITHOUT A SIGN
PERMIT
The current ordinance
includes words/sign
types that are: content
based in character; or
exempt by definition; or
need more discretion; or
required by law and do
not need to be explicitly
made exempt
The current ordinance
does not currently
exempt signs that are
required by the City.
The current ordinance
does not reference
window signs.
The current ordinance
lacks an exemption for
signs that are typically
used for free speech.
“Identification, Directional, Open House, Political, and
Real Estate” signs have been incorporated into other sign
types that are content neutral thereby allowing for more
types of signs such as garage sales, election signs, etc.
‘Holiday Decorations’ are understood to be exempt under
the definition of ‘sign’
The posting of required legal notices is required by law,
so the reference to notices has been deleted.
The reference to gasoline price signs has been eliminated
since these signs are regulated by the State Business and
Professions Code.
The word ‘governmental’ with regard to flags was deleted
due to its content nature.
The following types of signs were made exempt from a
sign permit to conform to case law regarding free speech:
- Hand-Held Signs
- Temporary Non-commercial signs (e.g., election signs)
- Window Signs (up to 25% of window)
Temporary special event signs would be allowed without
a sign permit subject to certain criteria and an approved
‘Special Event’ permit per City Code Article 10-10.
Added the following language for ‘non-commercial’
temporary signs: “Balloons, ribbons, streamers, or other
191
SUMMARY OF CHANGES:
The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for
Article 15-30 - Signs.
5
Topic Current Issues Proposed Changes
attention-getting devices may not be displayed for more
than 24 hours at a time, nor more than six 24-hour periods
in any one year.”
Construction signs were made exempt since these signs
are required by the Community Development Department.
Banners on Light Poles erected by a governmental entity
were also made exempt.
Governmental traffic control signs and devices up to 2SF
in area in 4 feet in height are exempt.
VILLAGE
SIGN DISTRICT
Current sign regulations
are standard for all
commercial zoning
districts and do not
account for specific
aesthetic goals in the
Village.
The current ordinance
does not allow free-
standing signs for
individual businesses,
although several
individual businesses
throughout the Village
have free-standing signs.
The sign provision for
hotels and motels is
currently 16 square feet.
This new section addresses signs in the Village.
In the Village, there are no professional-administrative
zoned properties.
Building signs continue to be limited to 1/2 SF of area for
each linear foot of tenant frontage, or 40 SF, whichever is
less. However, an additional 6 SF in area is allocated for
projecting signs in the Village. The maximum size of a
projecting sign would be 10 SF.
Additionally, buildings with more than one entrance may
have one additional sign each not exceeding 2 SF in area,
over each additional entrance to the building.
In the Village a 10 foot tall free standing pole sign, up to 9
SF in area, would be allowed on lots with fewer than five
uses. A 6.5 foot tall monument sign would be allowed on
lots with five or more uses and the sign area could be 14
SF plus 1 SF for each additional use over 5 uses.
One electronic sign (e.g., neon or L.E.D.), not exceeding
2 SF in area would be allowed subject to certain criteria.
The sign provision for hotels and motels would be the
same as for commercial uses.
192
SUMMARY OF CHANGES:
The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for
Article 15-30 - Signs.
6
Topic Current Issues Proposed Changes
PROSPECT
SIGN DISTRICT
QUITO
SIGN DISTRICT
SARATOGA-
SUNNYVALE
SIGN DISTRICT
Current sign regulations
do not account for the
speed of traffic, adjacent
uses, or the aesthetic
goals of these areas.
Building signs are
currently regulated
differently for
commercial zoned lots
(based on building
frontage) versus
professional-
administrative lots (2SF
max).
The current ordinance
does not allow free-
standing signs for
individual businesses,
although several
individual businesses
throughout Saratoga
have free-standing signs.
These new sections have been created for commercial and
professional-administrative zoned lots in three distinct
areas of the city as shown on the “Sign District Map.”
The standards for each of the three districts are essentially
the same with exception to height.
Building signs on both commercial zoned lots and
professional-administrative zoned lots would have the
same standards; being one-half square foot of area for
each linear foot of tenant frontage, or forty (40) square
feet, whichever is less.
Additionally, buildings with more than one entrance may
have one additional sign each not exceeding 2 SF in area,
over each additional entrance to the building.
One permanent free standing sign would be allowed and
the area of the sign would depend on the number of
businesses:
1-2 Businesses = 15 SF (pole sign only)
3-4 Businesses = 25 SF (pole sign only)
5+ Businesses = 40 SF (monument sign only)
The height of a monument sign shall not exceed 10 feet in
height.
The height of a pole sign shall not exceed 17 feet in height
in the Prospect Sign District; 10 feet in height in the Quito
Sign District; and 12 feet in height in the Saratoga-
Sunnyvale Sign District.
One electronic sign (e.g., neon or L.E.D.), not exceeding
2 SF in area would be allowed subject to certain criteria.
TEMPORARY ON-
SITE SIGNS ON
LOTS IN ANY SIGN
DISTRICT
The current ordinance
includes several
references to content
based types of signs,
such as grand openings
and special events.
One 10 SF temporary banner
OR
one 4 SF, 3’ high temporary free-standing sign
would be allowed in any sign district, subject to certain
criteria.
193
SUMMARY OF CHANGES:
The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for
Article 15-30 - Signs.
7
Topic Current Issues Proposed Changes
SIGNS ON LOTS
WITH
INSTITUTIONAL,
PUBLIC, OR
QUASI-PUBLIC
USES
The current ordinance
allows 24 SF of signage
for public building or
grounds, community
facilities, institutional
facilities, and religious
institutions.
Churches, schools, and
other community
facilities have
traditionally used a lot
of signage due to their
large congregations or
events throughout the
year.
The current ordinance
also allows one 20 SF
bulletin board on the site
of a church.
A new section has been created for “institutional, public,
and quasi-public” uses (e.g., churches, library).
The proposed ordinance addresses the special needs of
these types of uses by allowing:
- Building signs: 40 SF in area with no individual sign
exceeding 10 SF in area
- Free-standing signs: 40 SF aggregate area
and 15 feet aggregate height
- Temporary signs: 40 SF or 1/8 SF of area for each linear
foot of street frontage, whichever is greater, but no more
than 80 SF in total. Up to two temporary on-site signs
may be displayed on a single permanent free-standing
structure up to 6 feet in height on each street frontage.
Non-illuminated signs which are not visible from any
adjacent property, public right-of-way, or public parking
lot (e.g., bulletin boards) are not defined as a ‘sign’.
SIGNS ON LOTS
WITH MULTI-
FAMILY
DWELLINGS OR
RESIDENTIAL
SUBDIVISIONS
Multi-family dwellings
and residential
subdivisions are
currently regulated
under the residential
section of the sign
ordinance.
This new section provides standards for multi-family
dwellings and subdivisions throughout the City.
The sign provision for multi-family dwellings has been
increased from 16 square feet to 24 square feet.
The provision for a permanent sign for subdivisions has
remained at 24 square feet but may now be illuminated
with Planning Commission approval.
An explicit provision for temporary subdivision signs has
been deleted since these types of signs are allowed under
the provisions for actively marketed sites.
WALL SIGNS ON
LOTS ZONED
RESIDENTIAL
AND
AGRICULTURAL
The current code allows
a 1SF “name plate”, on
the site of a home
occupation, but a 10 SF
“identification” sign on
the site of a day care
The draft sign ordinance would exempt one 2 SF wall sign
on a building in residential and agricultural districts. This
sign could be used for gas stations, day care facilities,
home occupations, or any other type of sign without
regard to content.
194
SUMMARY OF CHANGES:
The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for
Article 15-30 - Signs.
8
Topic Current Issues Proposed Changes
facility. This
discrepancy favors one
“speaker” over another
speaker.
TEMPORARY ON-
SITE SIGN ON
LOTS WITH
RESIDENTIAL
PROPERTIES
ACTIVELY
MARKETED FOR
SALE OR LEASE
The residential section
of the current ordinance
includes sign standards
for on-site real estate
‘for sale’ signs.
This new section allows one 4 SF sign up to 6 feet in
height on lots with residential properties actively
marketed for sale or lease without a permit. The proposed
dimensions reflect feedback from the Realtors
Association.
TEMPORARY OFF-
SITE SIGNS IN
RESIDENTIAL
DISTRICTS
The residential section
of the current ordinance
includes sign standards
for off-site real estate
‘open house’ signs.
This new section allows off-site signs in residential
districts without reference to content.
If used as an ‘open house’ sign, the proposed dimensions
reflect feedback from the Realtors Association.
SIGN PERMITS The type of review
required for various
types of signs is
obscured within the
application requirements
section.
The current application
requirements are not
consistent with the
City’s submittal
checklist for sign
applications.
Parts of the criteria for
review of an application
were redundant.
This new section is more concise regarding the types of
applications requiring Administrative review and Planning
Commission review:
- The Community Development Department will review
any sign that is located on a property that is consistent
with an approved sign program and any non-illuminated
building sign that does not require a sign program.
- The Planning Commission will review all illuminated
signs that are not already subject to a Sign Program, free-
standing signs that are not already subject to a Sign
Program, and signs on lots with five (5) or more uses that
are not already subject to a Sign Program.
- A public hearing will only be required for sign programs
and freestanding signs over 6 feet in height; otherwise the
Planning Commission will review applicable sign permit
applications under ‘New Business’.
The application requirements were made more explicit in
an effort to help applicants submit a complete proposal.
The word ‘criteria’ has been replaced with the word
195
SUMMARY OF CHANGES:
The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for
Article 15-30 - Signs.
9
Topic Current Issues Proposed Changes
‘findings’ and the ‘findings’ for approval have been
amended.
A disclaimer regarding ‘content’ was added.
A reference to the state requirement regarding timely
review of applications was included in this section.
Added language regarding approval, denial, and
revocation of a sign permit.
SIGN PROGRAMS The current ordinance
references sign
programs but does not
provide any specifics.
A new section for Sign Programs was added to achieve a
consistent sign theme and visual harmony and allow site
specific standards for special circumstances such as a
shopping center with multiple tenants and buildings where
multiple signs are needed. The Sign Program section
includes findings for approval and standards for
implementation and modifications.
EXPIRATION,
EXTENSION, AND
RENEWAL OF
SIGN PERMIT
APPROVAL
The code does not
currently specify when a
sign permit expires if it
is not acted upon.
A new section regarding Expiration, Extension, and
Renewal of Sign Permit Approval has been added.
SIGN
ALTERATION
There is no explicit
reference regarding
alteration, enlargement,
or relocation of non-
conforming signs and
existing signs that were
previously subject to a
permit.
This new section explicitly prohibits alterations to non-
conforming signs and signs that were previously subject
to a permit, unless otherwise approved by permit.
SIGN
CONFORMANCE,
VIOLATIONS AND
ABATEMENT OF
ILLEGAL SIGNS
The current sign
ordinance does not
address illegal signs on
private property or legal
non-conforming signs.
This section makes
reference to the
This new section refers to illegal signs, non-conforming
signs, and signs on public property. It also describes the
sign removal process that is defined in the current sign
ordinance.
Illegal Signs installed in violation of the new sign
ordinance shall be removed or made to conform within 30
days written notice by the City.
196
SUMMARY OF CHANGES:
The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for
Article 15-30 - Signs.
10
Topic Current Issues Proposed Changes
‘Maintenance Director’
however Community
Development
Department staff is the
person most likely to
enforce the sign
ordinance.
“Legal non-conforming signs” shall be removed or made
to conform only if the sign is altered or relocated or if the
owner of the sign obtains any conditional use permit,
design review, or other land use entitlement for the
property on which the legal nonconforming sign is
located.
The word ‘Maintenance Director’ has been deleted or
replaced as appropriate.
SIGN PERMIT
VARIANCE
A reference to sign
variances is obscured
within the current sign
code.
This new section makes it explicit that sign permit
variances may be granted subject to certain findings.
SUBSTITUTION
CLAUSE
A new section regarding substitution of non-commercial
messages/signs where commercial messages/signs are
allowed was necessary to avoid any perceived favoring of
commercial speech over non-commercial speech.
SEVERABILITY The sign ordinance did
not previously have an
explicit subsection
regarding severability.
This new subsection regarding severability was added.
197
CITY OF SARATOGA
DRAFT SIGN ORDINANCE
Summary of Changes for: Institutional & Quasi-Public Uses
The Saratoga Planning Commission will be holding a public hearing on proposed changes to the City Sign Ordinance at 7:00 PM on
March 14, 2012 in the Council Chambers/Civic Theater, 13777 Fruitvale Avenue. The information below summarizes the changes
proposed for institutional and quasi-public uses. The Draft Sign Ordinance contains more detailed information and can viewed at the
Community Development Department or the City’s website www.saratoga.ca.us/cityhall/cd/sign/default.asp. Comments on the
proposed changes are welcome and can be provided to Cynthia McCormick cmccormick@saratoga.ca.us or (408) 868-1230.
Sign Area
Number of Signs
Temporary
Signs Allowed
Current Standards 24 sf. total area 1 sign (building or freestanding) No
Proposed Standards1
40 sf. for building sign area
40 sf. for freestanding sign area
40 sf. for temporary sign area or 1/8 sf. area for
each linear foot of street frontage,
whichever is greater, but no more than 80 sf.
See notes below Yes
1 Excludes signs not visible from public rights-of-way (e.g. streets and parking lots) and adjacent residential properties.
Building Signs - Any number of permanent building signs would be allowed provided the total area of all building signs does not
exceed 40 square feet and no individual sign is greater than 10 square feet in area.
Freestanding Signs – One freestanding sign per driveway or two signs per street frontage, whichever is greater. Signs will be limited to
10 feet in height with an aggregate height limit of 15 feet in height for all freestanding signs.
Temporary On-Site Signs - Any number of temporary signs would be allowed provided the total area of temporary signs does exceed
the maximum sign area stated above. Banners on buildings can be displayed for up to 30 consecutive days. Up to two temporary
signs may be displayed up to 180 days in a permanent free-standing dark colored wood or metal frame that is 6 feet or less in height.
One structure may be located on each street frontage. If the property has more than one street frontage, the maximum signage area on
each frontage shall be proportional to the lineal feet of such street frontage.
198
CITY OF SARATOGA
DRAFT SIGN ORDINANCE
Summary of Changes for the: Prospect Sign District
The Saratoga Planning Commission will be holding a public hearing on proposed changes to the City Sign Ordinance at 7:00 PM on March 14,
2012 in the Council Chambers/Civic Theater, 13777 Fruitvale Avenue. The information below summarizes the changes proposed for commercial
and office uses. The Draft Sign Ordinance contains more detailed information and can viewed at the Community Development Department or the
City’s website www.saratoga.ca.us/cityhall/cd/sign/default.asp. Comments on the proposed changes are welcome and can be provided to Cynthia
McCormick cmccormick@saratoga.ca.us or (408) 868-1230.
Sign Type Current Standards Proposed Standards
Building Signs ½ sf. of sign area for each linear foot of building frontage
(maximum of 40 sf. per business)
18 inch maximum letter size
½ sf. of sign area for each linear foot of building
frontage (maximum of 40 sf. per business)
2 sf. additional sign area over second entrance
18 inch maximum letter size
Freestanding Signs
1-3 Uses Not applicable Up to 15 sf. in area and 17 ft. high
3-4 Uses Not applicable Up to 25 sf. in area and 17 ft. high
5+ Uses One 40 sf. sign up to 10 ft. high Up to 40 sf. in area and 17 ft. high
Temporary Banners1 Grand opening banner1
Special event banner
up to 20 sf.
2
Displayed up to 30 days
up to 10 sf.
One 10 sf. banner displayed on the building up to
30 consecutive days and 180 days per year.
A-Frame Type Signs 3 Not permitted - One sign up to 4 sf. in area and 3 ft. high,
located within 10 ft. from the entrance and a
min. of 10 ft. from another sign
- Displayed up to 30 consecutive days and 180
days per year
Electronic Signs Not permitted 2 sf. in area, up to two colors, counts as window
signage
1 Only to announce the commencement of a new business establishment 2 Subject to certain criteria
3 Only one temporary banner or A-frame type sign may be displayed at any one time
199
CITY OF SARATOGA
DRAFT SIGN ORDINANCE
Summary of Changes for the: Quito Sign District
The Saratoga Planning Commission will be holding a public hearing on proposed changes to the City Sign Ordinance at 7:00 PM on March 14,
2012 in the Council Chambers/Civic Theater, 13777 Fruitvale Avenue. The information below summarizes the changes proposed for commercial
and office uses. The Draft Sign Ordinance contains more detailed information and can viewed at the Community Development Department or the
City’s website www.saratoga.ca.us/cityhall/cd/sign/default.asp. Comments on the proposed changes are welcome and can be provided to Cynthia
McCormick cmccormick@saratoga.ca.us or (408) 868-1230.
Sign Type Current Standards
Commercial Districts
Current Standards
Office Districts
Proposed Standards
Office & Commercial
Building Signs ½ sf. of sign area for each linear foot of
building frontage (maximum of 40 sf. per
business)
18 inch maximum letter size
One 2 sf. sign for each use ½ sf. of sign area for each linear
foot of building frontage (max 40 sf.
per business), 2 sf. additional sign
area over second entrance,
18 inch maximum letter size
Freestanding Signs
1-3 Uses Not applicable Not applicable Up to 15 sf. in area and 10 ft. high
3-4 Uses Not applicable Not applicable Up to 25 sf. in area and 10 ft. high
5+ Uses One 40 sf. sign up to 10 ft. high Not applicable Up to 40 sf. in area and 10 ft. high
3+ acres Not applicable One 36 sf. sign up to 4 ft. high
6 sf. building ID signs up to 5 ft. high
Not applicable
Temporary Banners1 Grand opening banner 1
Special event banner
up to 20 sf.
2
Both displayed up to 30 days
up to 10 sf.
Not permitted One 10 sf. banner displayed on the
building up to 30 consecutive days
and 180 days per year.
A-Frame Type Signs3 Not permitted Not permitted - One sign up to 4 sf. in area and 3
ft. high, located within 10 ft. from
the entrance and a min. of 10 ft.
from another sign
- Displayed up to 30 consecutive
days and 180 days per year
Electronic Signs Not permitted Not permitted 2 sf. in area, up to two colors,
counts as window signage
1 Only to announce the commencement of a new business establishment 2 Subject to certain criteria
3 Only one temporary banner or A-frame type sign may be displayed at any one time
200
CITY OF SARATOGA
DRAFT SIGN ORDINANCE
Summary of Changes for the: Saratoga-Sunnyvale Sign District
The Saratoga Planning Commission will be holding a public hearing on proposed changes to the City Sign Ordinance at 7:00 PM on March 14,
2012 in the Council Chambers/Civic Theater, 13777 Fruitvale Avenue. The information below summarizes the changes proposed for commercial
and office uses. The Draft Sign Ordinance contains more detailed information and can viewed at the Community Development Department or the
City’s website www.saratoga.ca.us/cityhall/cd/sign/default.asp. Comments on the proposed changes are welcome and can be provided to Cynthia
McCormick cmccormick@saratoga.ca.us or (408) 868-1230.
Sign Type Current Standards
Commercial Districts
Current Standards
Office Districts
Proposed Standards
Office & Commercial
Building Signs
½ sf. of sign area for each linear foot
of building frontage (max 40 sf. per
business)
18 inch maximum letter size
One 2 sf. sign for each use ½ sf. of sign area for each linear foot of
building frontage (max 40 sf. per
business), 2 sf. additional sign area over
second entrance
18 inch maximum letter size
Freestanding Signs
1-3 Uses Not applicable Not applicable Up to 15 sf. in area and 12 ft. high
3-4 Uses Not applicable Not applicable Up to 25 sf. in area and 12 ft. high
5+ Uses One 40 sf. sign up to 10 ft. high Not applicable Up to 40 sf. in area and 12 ft. high
3+ acres Not applicable One 36 sf. sign up to 4 ft. high
6 sf. building ID signs up to 5 ft. high
Not applicable
Temporary Banners1 Grand opening banner 1
Special event banner
up to 20 sf.
2
Both displayed up to 30 days
up to 10 sf.
Not permitted One 10 sf. banner displayed on the
building up to 30 consecutive days and
180 days per year.
A-Frame Type Signs3 Not permitted Not permitted - One sign up to 4 sf. in area and 3 ft.
high, located within 10 ft. from the
entrance and a min. of 10 ft. from
another sign
- Displayed up to 30 consecutive days
and 180 days per year
Electronic Signs Not permitted Not permitted 2 sf. in area, up to two colors, counts as
window signage
1 Only to announce the commencement of a new business establishment 2 Subject to certain criteria
3 Only one temporary banner or A-frame type sign may be displayed at any one time
201
CITY OF SARATOGA
DRAFT SIGN ORDINANCE
Summary of Changes for the: Village Sign District
The Saratoga Planning Commission will be holding a public hearing on proposed changes to the City Sign Ordinance at 7:00 PM on March 14,
2012 in the Council Chambers/Civic Theater, 13777 Fruitvale Avenue. The information below summarizes the changes proposed for commercial
and office uses. The Draft Sign Ordinance contains more detailed information and can viewed at the Community Development Department or the
City’s website www.saratoga.ca.us/cityhall/cd/sign/default.asp. Comments on the proposed changes are welcome and can be provided to Cynthia
McCormick cmccormick@saratoga.ca.us or (408) 868-1230.
Sign Type Current Standards Proposed Standards
Building Signs ½ sf. of sign area for each linear foot of building frontage
(maximum of 40 sf. per business)
18 inch maximum letter size
½ sf. of sign area for each linear foot of building
frontage (maximum of 40 sf. per business)
2 sf. additional sign area over second entrance
6 sf. additional sign area for projecting sign1
18 inch maximum letter size
Freestanding Signs
1-4 Uses Not applicable Up to 9 sf. in area and 10 ft. high
5+ Uses One 40 sf. sign up to 10 ft. high Up to 14 sf. in area and 6.5 ft. high
Temporary Banners1 Grand opening banner2
Special event banner
up to 20 sf.
3
Displayed up to 30 days
up to 10 sf.
One 10 sf. banner displayed on the building up to
30 consecutive days and 180 days per year.
A-Frame Type Signs 4 Not permitted - One sign up to 4 sf. in area and 3 ft. high,
located within 10 ft. from the entrance and a
min. of 10 ft. from another sign
- Displayed up to 30 consecutive days and 180
days per year
Electronic Signs Not permitted 2 sf. in area, up to two colors, counts as window
signage
1 Projecting signs cannot exceed 10 sf. in area
2 Only to announce the commencement of a new business establishment 3 Subject to certain criteria
4 Only one temporary banner or A-frame type sign may be displayed at any one time
202
Proposed
Sign Districts
Village
Sign District
Prospect
Sign District
Quito
Sign District
Park Saratoga: CV
Saratoga Square: CV
Azule: CN
Saratoga-Sunnyvale
Sign District
Saratoga Oaks: CN Argonaut: CN
Intersection of Saratoga Avenue
and Highway 9
203
REPORT TO THE
PLANNING COMMISSION
Meeting Date: March 14, 2012
Application: Design Review PDR08-0029 & Variance VAR08-0001
for a new two-story home.
Location / APN: 21216 Bank Mill Rd. / 503-55-005
Owner / Applicant: Sharma / Nielsen Architects
Staff Planner: Michael Fossati
21216 Bank Mill Rd.
204
.
SUMMARY
ZONING
R1-40,000 (Single-Family Residential)
GENERAL PLAN DESIGNATION
RVLD (Very Low Density Residential)
PARCEL SIZE
1.13 acres (net)
AVERAGE SITE SLOPE
68%
GRADING REQUIRED
850 c.y. of cut / 10 c.y. of fill
(+/- 1,000 c.y. of cut for basement)
PROJECT DESCRIPTION:
The applicant is requesting Design Review approval to construct a new two-story, single-
family residence with a basement. The total floor area (excluding the 1,413 sq. ft.
basement) would be 4,178 sq. ft. The applicant is also requesting a variance to locate the
building on a slope that exceeds forty percent and to construct retaining walls in the front
setback that exceed three feet.
STAFF RECOMMENDATION:
Staff recommends the Planning Commission adopt Resolution No. 12-008 approving the
project subject to conditions of approval.
PROJECT DATA
R1-40,000 Zoning District
Net Site Area: 49,233 sq. ft.
Proposed Allowed
Site Coverage
Building
Driveway
Decks/Walkways
Total
2,784 sq. ft.
2,036 sq. ft.
450 sq. ft.
5,310 sq. ft. (11%)
Maximum Coverage
allowed is 17,228 sq. ft.
Floor Area
Basement (included)
1st Floor
2nd Floor
Garage
FA above 15’
Total
Basement (not included)
732 sq. ft.
2,498 sq. ft.
212 sq. ft.
736 sq. ft.
94 sq. ft.
4,178 sq. ft.
1,413 sq. ft.
Maximum Floor Area is
4,440 sq. ft.
Setbacks
Front
1st Floor
35’
2nd Floor
35’
1st Floor
30’
2nd Floor
30’
205
.
Left Side
Right Side
Rear
30'7”
109'3”
50'
30’7”
97’7”
71’7”
20’
20’
50’'
25’
25’
60’
Height
Lowest Elevation
Highest Elevation
Average Grade
Proposed Building Height
630'
660'
645’
670' (25')
Maximum Building Height
is 671 (26')
PROJECT DETAILS
This project is subject to Design Review and Variance requirements pursuant to City Code
Section 15-45.060(a)(1) and 15-12.061(a).
Site Description
The 1.45 acre project site is undeveloped with an average slope of 68%. All portions of the
lot exceed forty percent as shown on slope diagram sheet 1.5 of the project plans. Due to
such steep slopes, limited development is proposed for the eastern areas. With the exception
of a portion of the driveway, the eastern side cannot be developed due to the topography.
The remaining area of proposed development is along the northwest side of the lot. The
proposed residence includes two levels and basement, lawn area, deck and associated
retaining walls. The levels of the residence would step down the northern slope, with the
basement level being built substantially within the hillside. The highest point of the
residence would still be below the existing grade of Bank Mill Road, which should limit the
impact of bulk from the public right-of-way.
Architectural Style
The architectural style is a modern single family home. The upper level consists of a 736
sq. ft. garage, foyer and stairway. The middle level includes 2,404 sq. ft. of living space.
The lower level includes 2,145 sq. ft. of additional living quarters. Only 732 sq. ft. of floor
area on the lower level is included in the total floor area, as the remaining floor area is
considered basement and is therefore excluded from the floor area limits. The upper level
and mid level plans include north facing viewing decks.
The earth tone exteriors include a greenish-brown stucco, a red cedar horizontal siding, and
an El Dorado stone veneer siding. The proposed roof is dark brown and flat, with deep
eaves that project outwards from the main body of the residence. The proposed aluminum
windows and doors are proposed to be painted dark brown with a clear anodized finish. The
upper balcony would be surrounded by a stucco short wall while the lower level balcony
would utilize a black metal railing.
Detail Colors and Materials Mfg. & Specification
Windows Dark Brown – Aluminum Anderson Windows or
Equivalent
Garage Door Beige panel – Aluminum TBD
206
.
Stone Veneer Gray-Brown, Stone “Autunm Leaf” El Dorado Stone or
Equivalent
Building Ext. Green-Brown – Stucco LaHabra Stucco Finish
or Equivalent
Building Ext. Red Cedar – Horizontal Siding T&G Siding or
Equivalent
Variance
Per City Code Section 15-12.061(a), a variance is required to construct a building on a slope
that exceeds forty percent. The building footprint is proposed for the flattest area on the lot
within the building envelope and located outside of a geologic hazard zone. Without the
variance and due to the geological and topographical constraints of the site, the applicant
would not be able to build a home on the lot. Per City Code Section 15-29.010(l), no
retaining wall located in a front or exterior side setback area shall exceed three feet in
height. Due to the topography along the front property line of the site, and the City parking
requirement of two spaces within a garage and the minimum width requirement of 12 feet
for the driveway, approximately 80 linear feet of retaining walls above three feet are
proposed. It should be noted that the majority of retaining walls within the front setback are
within City specifications (under three feet in height) and will not be easily viewed from the
public right-of-way, as the project will be built lower than natural grade from Bank Mill
Road.
Geotechnical Clearance
Geotechnical clearance was granted by the City Geologist on December 13, 2011. Along
with the standard conditions for a typical Geotechnical clearance, the City Geologist has
required that clarification of intended shoring measures and/or staged retaining wall
construction be reviewed prior to issuance of a building or grading permit. The Project
Geotechnical Consultant shall also evaluate the site development plans and recommend
prudent grading control measures for the project. The consultant would be required to
summarize proposed methods of achieving slope stability of temporary construction
excavations.
Trees
The applicant has requested removal of eight trees on the property. Those trees have been
approved for removal, based on findings made by the City Arborist. Several of these trees
(eight coast live oaks) have significant decay and meet more than five of the required
criterion for removal. The total appraised value of the trees requested for removal is
$26,550.
The applicant has submitted a landscape plan that includes the planting of 31 new trees.
Those tree species include coast live oaks, Pacific wax myrtle, western redbud, strawberry
trees, and one valley oak. The appraised value of the proposed tree plantings is $14,750.
The remaining $11,800 will be used to plant additional screening trees for the down slope
neighboring property, or donated into the City’s tree fund. The applicant has been in
discussion with the neighboring property owner to discuss best species and placement of
additional tree landscaping.
207
.
Energy Efficiency
The applicant submitted a Build-it-Green GreenPoint rated checklist for the proposed
project at 21216 Bank Mill Road. The project (as shown) has scored 115 points. The
energy efficient features proposed include durable and non-combustible siding and roofing
material, insulation with 75% recycled content, high-efficiency water fixtures, energy
building performance that exceeds Title 24 requirements, low VOC paints and coatings, and
high-efficiency lighting.
Neighbor Correspondence
The applicant had first submitted this project in 2008. During that time, the applicant
submitted neighbor notification forms from two neighboring property owners. One of those
property owners (21244 Bank Mill Road) sent a letter to the Planning Department regarding
their concerns. The applicant reviewed the letter (and Staff comments) and completely
redesigned the project.
The applicant has offered to show the new proposed plans to owners of neighboring
properties (including the property owner of 21244 Bank Mill Road). All the packets were
personally hand delivered by the project applicant on Friday, November 18, 2011 between
the times of 3pm to 5pm. A follow up letter was sent on December 5, 2011 requesting the
home owners acknowledge that the packet was received and they contact us with any
questions or concerns. One neighbor (James Maggard at 14665 Ambric Knolls) had
contacted the applicant. The neighbor’s concerns have to do with privacy impacts into the
rear yard and the installation of a storm water and sanitary sewer lift station. As previously
stated, the applicant is working with the neighbor to create a proper privacy landscape plan.
As for the drainage comments, the applicant informed the neighbor that lift stations will not
be required as the proposed drainage plan will divert runoff to the side of our lot away from
your property
Staff sent a “Notice of Public Hearing” to all property owners within 500 feet of the subject
property. The public hearing notice and description of the project was published in the
Saratoga News. Staff has not received any additional comments regarding the project.
DESIGN REVIEW FINDINGS
The findings required for issuance of a Design Review Approval pursuant to City Code
Section 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. The project
has been designed in a manner that minimizes interference with neighboring views
and privacy by proposing the following:
a. Setting the second-story portion of the structure back from the first story
portion from the rear property line, where privacy impacts are greatest.
b. Incorporating landscaping (which includes evergreen trees and shrubs) that
will screen areas most sensitive to privacy.
208
.
c. Proper site planning that allows a highest ridge of the second story addition
to be below the existing grade of Bank Mill Road.
d. Utilize the established, well-matured landscaping to buffer nearby residences
and continue privacy screening of adjacent properties.
e. Locate the structure on the lower portion of the hillside lot to maximize the
view, but avoid conflict with privacy.
As discussed above, the finding can be made in the affirmative.
(b) The project preserves the natural landscape. This project meets this finding in that
it is designed to tuck into the natural contours of the site. The overall site will be
minimally impacted by the proposed project in that the design utilizes a limited
amount of impervious coverage. With the exception of the structure, driveway,
outdoor stairway, wall fountain and pond, the 63,173 sq. ft. site will remain in its
rural form, which includes approximately 25,000 sq. ft. of existing vegetation and
landscape along the southeastern boundary line. This finding can be made in the
affirmative.
(c) The project preserves native and heritage trees. The project meets this finding in
that the amount of native trees being removed has been reduced to the absolute
minimum. All the proposed trees being removed were in either fair to poor health.
In turn, the applicant is proposing additional trees to be added to the site, with over
14 of those trees being the native species. 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 house is designed to present a one-story structure from the public
right of way. The site planning and incorporation of the basement allows the
applicant to enjoy floor area similar to neighboring properties while reducing the
bulk normally accustom to homes of similar size. The mass of the project is hidden
from neighboring properties with the use of natural materials and the following of
the existing hillside contours. 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 structure is consistent with neighboring properties that are built down
hillsides. The applicant has met the floor area, setback and height requirements of
the City. The project has incorporated elements that allows maximum integration
with the natural surroundings and built residential environment, by merging the
structure in to the hillside and terracing the building floor levels. 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.
This finding can be made in the affirmative.
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(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 would merge the building into the hillside (Policy 1,
Technique #1)
b. Terrace building floor levels (Policy 1, Technique #2)
c. Use natural-color materials that blend with the natural environment (Policy
2, Technique #1)
d. Fit in with hillside topography and background (Policy 2, Technique #2)
e. Orienting upper floor balconies towards large yard areas (Policy 3,
Technique #1)
f. Locating the structure on lower portions of the hillside lot (Policy 4,
Technique #3)
As discussed above, the finding can be made in the affirmative.
VARIANCE FINDINGS
The findings required for issuance of a Variance Approval pursuant to City Code Section
15-12.061 and Section 15-70.060 are set forth below and the Applicant has met the burden
of proof to support making all of those required findings:
(a) That because of special circumstances applicable to the property, including size,
shape, topography, location or surroundings, strict enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners of other
properties in the vicinity and classified in the same zoning district: This project
meets this finding in that the 63,173 sq. ft. lot does not contain an area with a slope
less than forty percent to accommodate a residence the size similar to neighboring
properties, which range from 4,000 to 5,400 sq. ft. The proposed retaining walls
above five feet in the front setback are required to construct a driveway that will
allow automobiles and pedestrians to access the site. Without allowing an increased
retaining wall height, the applicant would be unable to build the minimum 12 foot
driveway required per City Code Section 16-17.160, which is a standard in the
single-family residential district in which the project is located. This finding can be
made in the affirmative.
(b) That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and classified in
the same zoning district: This project meets this finding in that the topography,
steep slopes, and grade breaks create a practical difficulty in building a single-family
residence underneath a flat area of land, even though the property is located in an
residential zoning district that principally permits single-family residential. The
majority of surrounding properties required either grading exceptions or variances to
build structures within the area. This finding can be made in the affirmative.
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(c) That the granting of the variance will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity: This project meets this finding in that the proposed design has been
reviewed by both a Geotechnical Consultant and the City Geologist to verify slope
stability during the event of construction. As conditioned, the project applicant will
be required to establish prudent grading control measures including maximum
height and inclination of construction excavation. The engineering and grading
measures required for the construction of the project will allow the granting of the
variance to not be detrimental to public health, safety or welfare, or materially
injurious to properties of improvements in the vicinity. This finding can be made in
the affirmative.
ENVIRONMENTAL DETERMINATION: The project is Categorically Exempt from the
Environmental Quality Act (CEQA) pursuant Section 15303, “New Construction or
Conversion of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). This
exemption allows for the construction or conversion of up to three single-family residences.
STAFF RECOMMENDATION
Staff recommends the Planning Commission adopt Resolution No. 12-008 approving
PDR08-0029 & VAR08-0001 subject to conditions of approval.
ATTACHMENTS:
1. Resolution of Approval – 21216 Bank Mill Road
2. Geotechnical Clearance Memo – Dated 12/13/2011
3. Arborist Report – Dated 1/3/2012
4. Neighbor Notification Forms – 2008/2009
5. Letter from Applicant regarding Neighbor Notification Forms
6. Affidavit of mailing notices, public hearing notice, and copy of mailing labels
for project notification.
7. Reduced Plans, Exhibit "A.”
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Attachment 1
RESOLUTION NO. 12-008
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING DESIGN REVIEW NO. PDR08-0029 AND VARIANCE NO. VAR08-0001
FOR A NEW TWO-STORY SINGLE FAMILY HOMELOCATED AT 21216 BANK
MILL ROAD
WHEREAS, on October 7, 2011 an application was resubmitted by Nielsen Architects,
requesting Design Review and Variance approval for a new two-story, single-family residence to
be constructed on a vacant lot at 21216 Bank Mill Road within a building envelope that has a
52.5% average natural slope and five-foot retaining walls in the front setback. The total floor
area of the main residence and garage would be 4,178 square feet (not including the 1,413 square
foot basement). The height of the proposed residence would be approximately 25 feet. The
property (APN 503-55-005) is located within the R-1-40,000 Zoning District.
WHEREAS, the Community Development Department completed an environmental
assessment for the project in accordance with the California Environmental Quality Act (CEQA),
and recommends that the Planning Commission determine this project exempt.
WHEREAS, on March 14, 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;
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Resolution No. 12‐008 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 PDR08-0029 &
VAR08-0001, located at 21216 Bank Mill Road, 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 14th day of
March 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Douglas R. Robertson
Chair, Planning Commission
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Resolution No. 12‐008
Page 3
EXHIBIT 1
CONDITIONS OF APPROVAL
PDR08-0029 & VAR08-0001
21216 BANK MILL RD. (APN: 503-55-005)
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. If a condition is not “Permanent” or does not have a
term specified, it shall remain in effect until the issuance by the City of Saratoga of a
Certificate of Occupancy or its equivalent.
2. The Owner and Applicant will be mailed a statement after the time the Resolution granting
this approval is duly executed, containing a statement of all amounts due to the City in
connection with this application, including all consultant fees (collectively “processing
fees”). THIS APPROVAL OR PERMIT SHALL EXPIRE SIXTY (60) DAYS AFTER
THE DATE SAID NOTICE IS MAILED IF ALL PROCESSING FEES CONTAINED
IN THE NOTICE HAVE NOT BEEN PAID IN FULL. No Zoning Clearance or
Demolition, Grading, or Building Permit may be issued until the City certifies that all
processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is
maintained).
3. The Project shall maintain compliance with all applicable regulations of the State, County,
City and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga Zoning Regulations incorporated herein by this reference.
4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and
hold the City and its officers, officials, boards, commissions, employees, agents and
volunteers harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any
action on the subject application, or any of the proceedings, acts or determinations
taken, done or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
grading work by the Owner and/or Applicant, their successors, or by any person
acting on their behalf.
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Resolution No. 12‐008 Page 4
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
5. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans dated March 5, 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 3, above.
6. Building Division Submittal. Four (4) sets of complete construction plans shall be
submitted to the Building Division. These plans shall be subject to review and approval by
the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum
include the following:
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit
“A” on file with the Community Development Department and referenced in Condition
No. 6 above;
b. A note shall be included on the site plan stating that no construction equipment or
private vehicles shall be parked or stored within the root zone of any Ordinance-
protected tree on the site;
c. 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. City Arborist Reports dated January 3, 2012 onto separate construction plan pages;
f. All additional drawings, plans, maps, reports, and/or materials required by the Building
Division.
7. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or
public right-of-way.
8. 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.
9. Landscape Screening. Landscape screening shall be planted (in a manner which does not
require the existing shrubs screening to be removed) along the property line abutting 14665
Ambric Knolls Rd. (APN 503-55-018) in order to provide adequate privacy screening. The
shrubbery shall reach 12 feet in height at full maturity and be maintained at or above 12 feet
in height. THIS CONDITION IS PERMANENT.
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Resolution No. 12‐008 Page 5
PUBLIC WORKS
10. 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.
11. The applicant shall replace approximately 30 feet long section of curb and gutter at northern
(upper) property corner adjacent to Bank Mill Road with a new structurally supported curb
and gutter. The applicant shall also replace about 5 feet wide portion of the roadway
pavement at this location including the sub-base material and existing fill. In addition, the
applicant shall replace existing drain inlet and broken section of curb and gutter at the lower
property corner adjacent to Bank Mill Road with a new structurally supported drain inlet and
curb and gutter
12. The applicant shall retain services of the Project Geotechnical Consultant for
recommendations of these improvements. Revised grading and drainage plan showing the
improvements shall be submitted to the City Geotechnical Consultant and the City Engineer
for review and approval. The Project Geotechnical Consultant shall review and approve
revised plans and summarize his review in a letter submitted to the City Engineer for review
prior to issuance of any construction permits.
13. The project geotechnical consultant shall evaluate the referenced (or latest) site development
plans and recommend prudent grading control measures for the project including maximum
height and inclination of construction excavations. Alternative geotechnical measures to
achieve stable construction excavations shall be addressed including potential staged
retaining wall construction, top-down construction, utilization of soil nails, or other
appropriate methods. Necessary geotechnical inspections of exposed earth materials and
potential monitoring of construction excavations shall be addressed. Geotechnical design
criteria for construction shoring shall be provided.
14. With consideration of the above completed geotechnical evaluations, the contractor shall
summarize proposed methods to achieve slope stability of temporary construction
excavations. Construction conformance with maximum slope heights and inclinations
recommended by the Project Geotechnical Consultant shall be confirmed. Appropriate
documentation to address the above two items shall be submitted to the City for evaluation
by the City Engineer or Building Official prior to issuance of permits for project
construction.
15. The Project Geotechnical Consultant shall review and approve geotechnical aspects of the
final development plans (i.e., site preparation and grading, site drainage improvements and
design parameters for foundations and retaining walls) to ensure that the plans, specifications
and details accurately reflect the consultants’ recommendations. The results of the plan
review shall be summarized by the Project Geotechnical Consultant in a letter and submitted
to the City Engineer for review and prior to issuance of permits for project construction.
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Resolution No. 12‐008 Page 6
16. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all
geotechnical aspects of the project construction. The inspections shall include, but not
necessarily be limited to: site preparation and grading, site surface and subsurface drainage
improvements, basement excavation, and foundation construction, prior to placement of fill,
steel and concrete. The geotechnical consultant shall be present to inspect the drilling of
foundation piers. The consultant shall be on site during excavations to identify potential
unstable conditions and make necessary recommendations to ensure that the cuts are
adequately supported. The results of these inspections and the as-built conditions of the
project shall be described by the Project Geotechnical Engineer in a letter(s) and submitted to
the City Engineer for review and approval prior to Final (as-built) Project Approval.
17. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical
Consultant’s review of the project prior to Zone Clearance.
18. 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.
ARBORIST
19. The owner (applicant) shall agree to all conditions required per City Arborist Report, dated
January 3, 2012.
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13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070
(408) 868-1274
MEMORANDUM
TO: Iveta Harvancik, Senior Engineer DATE: December 13, 2011
FROM: Cotton, Shires and Associates, Inc., City Geotechnical Consultant
SUBJECT: Supplemental Geotechnical Peer Review (S0177C)
RE: Sharma, 07-282
21216 Bank Mill Road
At your request, we have completed a geotechnical peer review of the subject application using:
Geotechnical Report Update (letter) prepared by Murray Engineers, dated November 29, 2011;
Architectural Plans (8 sheets) prepared by Nielsen Architects, dated November 21, 2011; and
Geotechnical Investigation (report) prepared by Murray Engineers Inc., dated October 2007.
In addition, we have reviewed pertinent technical documents from our office files.
DISCUSSION
The applicant proposes to construct a multi-story, single-family residence and garage in the northwestern
portion of the subject property. Access to the site is to be provided by a proposed driveway off of Bank Mill
Road. Portions of proposed residential structures extend below existing site grades and provided
Architectural Cross Sections reveal that temporary construction cuts are in the range of 20 feet in height with a
maximum cut of approximately 28 feet in height. Proposed cuts are approximately 30 lateral feet (closest
approach) to the east of Bank Mill Road. Required excavation for the proposed project appears to warrant
temporary shoring and/or staged wall construction.
Construction of stitch piers are planned along the first 60 feet of the outboard edge of the proposed
driveway. These design measures are intended to address the relatively close proximity of a precipitous
embankment located southeast of the driveway. We understand that the project will be served by a connection
to the sanitary sewer system.
In our previous project geotechnical peer review (memorandum dated July 8, 2010), we recommended that
clarified project grading, drainage, and development plans be prepared and submitted for City evaluation
prior to project Geotechnical Clearance. In addition, we recommended that consideration be given to the
incorporation of additional protective design measures to address the proximity of precipitous slopes (cliff
area) to the house site.
CONCLUSIONS AND RECOMMENDED ACTION
The proposed residential development is constrained by the close proximity of precipitous slopes, a history
of nearby landsliding, the potential for earthquake-induced slope failure, and anticipated strong ground
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Iveta Harvancik December 13, 2011
Page 2 S0177C
shaking in future seismic events. In addition, construction excavations could potentially reveal unstable earth
materials. Clarification of intended shoring measures and/or staged retaining wall construction is warranted
prior to issuance of building or grading permits. We also recommend that winter grading (October 15 through
April 15) not be permitted at this site. We recommend that the following Items 1, 2, and 3 be satisfactorily
addressed prior to issuance of permits for site building or grading:
1. Temporary Construction Slope Stability – The Project Geotechnical Consultant shall evaluate the
referenced (or latest) site development plans and recommend prudent grading control measures for
the project including maximum height and inclination of construction excavations. Alternative
geotechnical measures to achieve stable construction excavations shall be addressed including
potential staged retaining wall construction, top-down construction, utilization of soil nails, or
other appropriate methods. Necessary geotechnical inspections of exposed earth materials and
potential monitoring of construction excavations shall be addressed. Geotechnical design criteria
for construction shoring shall be provided.
2. Proposed Shoring or Construction Methods – With consideration of the above completed
geotechnical evaluations, the contractor shall summarize proposed methods to achieve slope
stability of temporary construction excavations. Construction conformance with maximum slope
heights and inclinations recommended by the Project Geotechnical Consultant shall be confirmed.
Appropriate documentation to address the above two items shall be submitted to the City for
evaluation by the City Engineer or Building Official prior to issuance of permits for project
construction.
3. Geotechnical Plan Review – The Project Geotechnical Consultant shall review and approve
geotechnical aspects of the final development plans (i.e., site preparation and grading, site drainage
improvements and design parameters for foundations and retaining walls) to ensure that the plans,
specifications and details accurately reflect the consultants’ recommendations.
The results of the plan review shall be summarized by the Project Geotechnical Consultant in a
letter and submitted to the City Engineer for review and prior to issuance of permits for project
construction.
4. Geotechnical Construction Inspections - The Project Geotechnical Engineer shall inspect, test (as
needed), and approve all geotechnical aspects of the project construction. The inspections shall
include, but not necessarily be limited to: site preparation and grading, site surface and subsurface
drainage improvements, basement excavation, and foundation construction, prior to placement of
fill, steel and concrete. The geotechnical consultant shall be present to inspect the drilling of
foundation piers. The consultant shall be on site during excavations to identify potential unstable
conditions and make necessary recommendations to ensure that the cuts are adequately supported.
The results of these inspections and the as-built conditions of the project shall be described by the
Project Geotechnical Engineer in a letter(s) and submitted to the City Engineer for review and
approval prior to Final (as-built) Project Approval.
LIMITATIONS
This supplemental geotechnical peer review has been performed to provide technical advice to assist the
City in its discretionary permit decisions. Our services have been limited to review of the documents
previously identified, and a visual review of the property. Our opinions and conclusions are made in
accordance with generally accepted principles and practices of the geotechnical profession. This warranty is in
lieu of all other warranties, either expressed or implied.
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Iveta Harvancik December 13, 2011
Page 3 S0177C
TS:DTS:kd
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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 #: ARB08-0060
(New owner, old application number.)
Prepared by Kate Bear, City Arborist Site: 21216 Bank Mill Road
Phone: (408) 868-1276 Owner: Samir Sharma
Email: kbear@saratoga.ca.us APN: 503-55-005
Email: samir19@gmail.com
Report History: #1 Arborist report and plans received
November 22, 2011
Report completed January 3, 2012
PROJECT SCOPE
The applicant has submitted plans to the City to build a new two story house with a basement on a
vacant lot.
Eight trees (#3, 4, 5, 6, 7, 8, 9 and 11) protected by City Code are requested for removal to construct
the project. They meet the criteria for removal, and may be removed and replaced once Building
Division permits have been issued for the project. See the Findings section below for details.
Oak tree #10 has fallen over. It appears to have decayed at the base of the trunk and has fallen down
the adjacent hillside.
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 Nielsen Architects and Design Studio. The architectural plans
are not dated but were received by the City on November 22, 2011. Plan sheets reviewed for this
report include Sheet 1.0, Title Sheet; Sheet 1.1, Site Plan; Sheet 2.1, Upper Level Plan; Sheet 2.2,
Mid Level Plan; Sheet 2.3, Lower Level Plan; Sheets 3.1 – 3.4, Building Elevations; and Sheets 4.1
– 4.4, Sections.
Engineering plans were prepared by Giuliani and Kull, Inc. and dated July 18, 2011. They were
revised October 5, 2011. Engineering plans reviewed for this report include Sheets C-1 and C-2,
Grading and Drainage Plans; and Sheet C-3, Boundary and Topographic Survey (dated May 20,
2011).
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21216 Bank Mill Road
Page 2 of 7
A landscape plan (Sheet L-1) was prepared by Camp and Camp. It was dated October 21, 2011.
No utilities are shown on the plans and should be shown on the final set of plans. Excavation to
install utility connections will not be permitted under the canopies of trees #1, 2, 12, 14 or 15.
TREE INFORMATION
Tree Inventory:
A revised arborist report, dated November 3, 2011, was prepared by David L. Babby, Registered
Consulting Arborist #399, and submitted for the project. Sixteen trees protected by City Code were
inventoried for the submitted report. Inventoried trees included thirteen coast live oaks (#1 – 11, 14
and 16), one valley oak (#12) and two Douglas firs (#13 and 15. The submitted report includes a
Tree Inventory Table, a site map showing the tree locations and photos of each tree.
Tree Removals:
Eight coast live oaks (#3, 4, 5, 6, 7, 8, 9 and 11) are requested for removal to construct the project.
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 #3 – 9 and 11.
Tree Protection:
Oak tree #1 can be adequately protected during construction as long there is no excavation or
addition of fill soil within 10 feet of the trunk of this tree for the installation of utilities to the new
house.
Oak #2 grows on a pronounced mound in the center of the proposed circular driveway. It is about
five or six feet higher than the surrounding grade as the lot exists now. Construction of the driveway
includes construction of a retaining wall at the edge of the driveway and added fill soil between the
wall and the top of the mound. This is acceptable. No excavation is permitted within 10 feet of the
trunk of tree #2. Fill soil should be limited where it is within 10 feet of the tree.
Oak #10 has decayed and fallen down the hillside. It does not require replacement as part of the
project.
Oak #11 is a relatively young oak with two small trunks in fair condition. It is in conflict with the
drainage dissipater as the project is designed. It is acceptable to remove this tree to construct the
current design, and replace this oak with new trees equal to $480 (one new 24 inch box tree).
Valley oak #12 is the best tree on the property. To best protect this beautiful valley oak, no work
should be done within 20 feet of its trunk, and the tree protection fencing should be placed at this
location. No fill soil or excavation will be permitted any closer than 20 feet from the tree’s trunk.
Trees #14 and 15 can be adequately protected with fencing during construction. They are far enough
from the house that a security deposit is not required for them.
Appraisals:
The submitted arborist report included appraised values of each tree. They were calculated using the
Trunk Formula Method and according to the Guide for Plant Appraisal, 9th Edition, published by the
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21216 Bank Mill Road
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International Society of Arboriculture (ISA), 2000, which was used in conjunction with the Species
Classification and Group Assignment, published by the Western Chapter of the ISA, 2004.
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 $13,820 and is the total appraised value of trees #2,
12 and 16. This deposit will be held until completion of the project and acceptance by the City.
FINDINGS
Tree Removal
The project was reviewed for the removal of trees #3 – 9 and 11, eight coast live oaks protected by
City Code that are in conflict with this project. 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
3 – 9 1, 2, 6, 7, 9 3, 4, 5 8
11 1, 4, 7, 9 2, 3, 5, 6 8
Coast live oak trees #3 – 9: All seven trees are in conflict with the project (criterion #1). Some of
these oaks (#4, 5, 7, 9) are also leaning or at risk of failure of parts or the entire tree. Several of these
trees requested for removal are in fair or poor condition and have significant decay. Trees #3, 4 and
5 are in conflict with the driveway, and trees #6 – 9 are in conflict with the house. Removal of these
seven trees does meet criterion #2 in that they would threaten damage to the proposed structures if
left in place and built around them. Removal of these seven trees does not meet criterion #3 in that
their roots do prevent erosion of the hillside. Removal of these trees does not meet criterion #4, in
that construction of the house will have a significant impact on the appearance of the hillside, and
will impact the amount of shade and privacy for the property and the neighbors. It will also impact
the aesthetic appearance of the property. Removal of these trees does not meet criterion #5 in that
they are not too crowded for good forestry practices. Removal of these trees does meet criterion #6
in that there is no other location on the property that is better in terms of retaining more trees.
Specific comments for individual trees are noted below.
Oak tree #3, although given a high suitability for retention in the submitted arborist report, has a
significant cavity at the base of the tree with decay. If retained and preserved, it would threaten
damage and safety to the residents of the property. Its level of decay significantly increases its risk of
failure, which is best addressed by removal for the new home followed by replacement with new
trees after construction.
Oaks #4 and 5 were given a low suitability for preservation and a $0 monetary value in the submitted
report. Tree #4 leans over the hillside and tree #5 is dead. Again, they are best addressed by removal
to construct the home followed by planting of new trees after construction.
Oak #6 is noted in the arborist submittal as stump sprouts. Their attachments to the root system
would be poor and the risk of failure is higher than is reasonable to accept.
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Oak #7 is a tree in fair condition, and grows right in the middle of the proposed house. Redesigning
the house to retain this tree is not warranted because the tree does not have good enough structure.
Oak #8 is a very large oak that appears quite healthy. However, it has three trunks that are in contact
with each other and as they increase in girth they will press against each other. This tree is at an
increased risk of one or more of the trunks splitting from the rest of the tree, leading to significant
decay pockets and a threat to safety.
Oak #9 leans downhill and this lean puts it at an increased risk of failure.
Oak tree #11: This oak is in conflict with the drainage dissipater on the south side of the house. It is
comprised of two small trunks that meet at the ground.
Tree #11 meets criterion #1 in that it is in conflict with the drainage dissipater for the south side of
the house which cannot be built as designed if this tree is left in place. It does not threaten damage
to structures so it does not meet criterion #2. This tree helps to control erosion, so it does not meet
criterion #3. However, the drainage dissipater also helps to control erosion of the property. Its
removal will not significantly impact shade, privacy or scenic beauty of the property, so this tree
does meet criterion #4. This tree is not growing too close to other trees for good forestry practices, so
it does not meet criterion #5. There is an alternative to removing this tree, which is to design the
drainage dissipater to allow its retention, so it does not meet criterion #6. The cost of the redesign is
not warranted in this situation, where the value of the tree is relatively low and its suitability for
retention is not high. Removal of this tree and replacement with new trees does meet the intention of
the Tree Regulations, in that the new tree will likely have better structure than this one (criterion #7).
Public safety and health is not a concern with this tree, so its removal does not meet this criterion
(#8). Removal of this tree does meet criterion #9, which allows economic and other enjoyment of the
property by the owners.
Replacement Trees:
The total appraised value of trees #3 – 9 and 11 is $26,550. It is acceptable to remove these trees and plant
new trees equal to their total appraised value as part of the project. No trees may be removed until all
applicable permits have been obtained. Replacement values for new trees can be found in the table below.
Replacement trees may be planted anywhere on the property. At least seven replacement trees shall be
from the City’s list of native species.
Assigned values for replacement trees:
15 gallon = $150; 36 inch box = $1,500; 24 inch box = $500;
48 inch box = $5,000; 60 inch box = 7,000; 72 inch box = $15,000
Acceptable native species include:
1. coast live oak (Quercus agrifolia), 5. valley oak (Quercus lobata),
2. blue oak (Quercus douglasii), 6. black oak (Quercus kelloggii),
3. big leaf maple (Acer macrophyllum), 7. California buckeye (Aesculus californica),
4. Douglas fir (Pseudotsuga menziesii) 8. coast redwood (Sequoia sempervirens).
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The plans indicate that 15 new trees will be planted on the property. The total replacement value of
the new trees is $8,150. This is not sufficient to replace the trees approved for removal to construct
the project. Either more trees are required on the property, or the difference between the value of
replacement trees planted and the required replacement value can be put into the Tree Fund for
planting new trees elsewhere in the City.
New Construction
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 of the
City Code.
REQUIREMENTS
1. The submitted arborist report prepared by David Babby and dated November 3, 2011, shall
be included in the set of plans submitted to the Building Division for review. This set
becomes the job copy of the plans. It shall include the Tree Inventory Table and the map
showing tree locations.
2. All recommendations of the submitted arborist report (Babby, November 3, 2011) shall be
followed during construction of the project.
3. This entire report shall be incorporated into the set of the plans submitted to the Building
Division which becomes the job copy of the plans.
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. Tree Protection Security Deposit - $13,820
a. Owner shall obtain, and file with the Community Development Director, a Tree
Protection security deposit for trees #2, 12 and 16, 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.
7. Tree Protection:
a. Fencing 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.
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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. 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.
8. Utilities shall be shown on the plans for evaluation for impacts to trees prior to issuance of
Building permits. Utilities include, but are not limited to, electrical, drainage, water, sewer,
gas and irrigation for landscaping.
9. No excavation is permitted under the canopy of any protected tree on site for installation of
utilities without prior approval from the City Arborist. Approval shall be obtained before any
work takes place. Failure to do so 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.
10. No changes in grade, including addition of fill soil, soil cuts, or trenching is permitted within
the distances listed below:
a. 10 feet – tree #2
b. 20 feet – tree #12
11. Trees #3 – 9 and 11 meet the criteria for removal and may be removed once Building
Division permits have been obtained.
12. New trees equal to $26,550 shall be planted as part of the project.
13. Replacement values for new trees are: 15 gallon = $150; 36 inch box = $1,500; 24 inch box =
$500; 48 inch box = $5,000; 60 inch box = 7,000; 72 inch box = $15,000
14. Replacement trees may be planted anywhere on the property.
15. At least seven replacement trees shall be from the City’s list of native species: Acceptable native
species include: coast live oak (Quercus agrifolia), valley oak (Quercus lobata), blue oak
(Quercus douglasii), black oak (Quercus kelloggii), big leaf maple (Acer macrophyllum),
California buckeye (Aesculus californica), Douglas fir (Pseudotsuga menziesii), coast redwood
(Sequoia sempervirens).
16. Unless otherwise approved by the City Arborist, 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.
17. Any permitted pruning or root pruning of trees on site shall be performed under the
supervision of an ISA Certified Arborist and according to ISA standards.
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18. Excavation for the new driveway shall be at least 10 feet from the trunk of tree #2. Fill soil
shall not exceed six inches around tree #2 where it is within 10 feet of the tree’s trunk.
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. 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 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.
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February 22, 2012
Hello Michael,
I’m writing this letter to provide proof that the neighborhood notification packets were hand
delivered to all addresses provided to me by the City of Saratoga. All the packets were personally
hand delivered by myself and Ian Carney (project contractor) on Friday, November 18, 2011
between the times of 3pm to 5pm. A follow up letter was sent on December 5, 2011 requesting the
home owners acknowledge that the packet was received and they contact us with any questions or
concerns. My personal contact was a part of the initial packet, as well as Ian’s business card was
submitted for any contacts or concerns. Not a single neighbor reached out to us with concerns,
except for James Maggard. Since he addressed his concerns, I made a point to get the whole team
together at my personal expense (approx. $2000 just in fees for that one meeting) to hear his
concerns and make adjustments where we could to accommodate his concerns. I’ve attached in
this letter, the pictures from the day I hand delivered the documents to the addresses provided to
me by the city.
1. 14633 Ambric Knowles
2. 14665 Ambric Knowles
3. 21244 Bank Mill Road (Homeowner & Owner of vacant land APN 503‐55‐071)
4. 832 Chynoweth Ct., San Jose (owner of vacant land APN 503‐55‐019)
Please let me know if you further require any documentation from me to fulfill the neighborhood
outreach portion of our review.
Thank you
Samir Sharma
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