HomeMy WebLinkAbout07-25-2012 Planning Commission PacketTable of Contents
Agenda 3
July 11, 2012
Draft Minutes 5
Ordinance Amendment ZOA12-0008 - City initiated
amendments to Articles 7-30 (Noise Control) and 15-19
(Commercial Regulations) of the City Code establishing new
regulations for outdoor music. Staff Contact: James Lindsay
(408) 868-1231.
Staff Report 7
Attachment 1 - Resolution 12
Attachment 1A - Draft Ordinance 14
Attachment 2 - Village Block Map 20
Attachment 3 - Current Noise Ordinance 21
APPLICATION FER12-0002; 20067 Mendelsohn Lane (517-21-
012); Paul Wang. The applicant is requesting a fence exception
to install a five foot tall entrance gate approximately 13 feet from
the edge of street pavement. Staff Contact: Cynthia McCormick
(408) 868-1230.
Staff Report 27
Resolution 31
Notice 32
Notification addresse 33
Plans 35
APPLICATION EXT10-0007 / 20640 Third Street (503-24-073)
The Sam Cloud Barn, L.P. – The applicant requests an
extension of the a previous design review and variance approval
(07-233) for a new 3,798 sq. ft. commercial building with a 1,142
sq. ft. basement. Staff Contact: Michael Fossati (408) 868-
1212.
Staff Report - 20640 3rd Street 38
Att. 1 - Reso - 20640 3rd Street 42
Att. 2 - Previous Staff Report - 20640 3rd Street 48
Att. 3 - PC Minutes - dated 9/26/07 58
Att. 4 - CC Memo - 20640 3rd Street 68
Att. 5 - CC Minutes - dated 11/20/07 70
Att. 6 - Plans, Exhibit "A"72
APPLICATIONS PDR12-0011, SUB12-0004, CUP12-0004 /
14639 Big Basin Way (503-25-013) Zambetti / Metro Architects
– The applicant is requesting Design Review and Conditional
Use Permit approval to construct a two-story commercial
building (1097 sq. ft. on the first floor and 1,754 sq. ft. on the
second floor), four-car garage, and two residential townhouses.
Each townhouse will be approximately 1,400 sq. ft. in size, not
including an approximate 700 sq. ft. basement. The applicant is
also requesting tentative map approval to subdivide the lot into
three parcels. Staff Contact: Michael Fossati (408) 868-1212.
Staff Report - 14639 Big Basin Way 85
Att. 1 - Resolution 98
1
Att. 2 - Arborist Report - 14639 Big Basin 105
Att. 3 - Geo Clearance - 14639 Big Basin 112
Att. 4 - Neighbor Notification 115
Att. 5 - Green Checklist 125
Att. 6 - Noticing 132
Att. 7 - Plans, Exhibit "A"138
Ordinance Amendment ZOA12-0009 - City initiated
amendments to Article 15-16(P-C Distirct) of the City Code to
create more flexible land use and design standards for projects
that further the goals and policies of the General Plan.
Staff Report 154
Attachment 1 - Resolution 155
Attachment 1A - Draft Ordinance 157
Attachment 2 - 5/16 City Council Report 163
Attachment 3 5/16 City Council Minutes 165
Attachment 4 - Current Article 15-16 166
2
AGENDA
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, July 25, 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 July 11, 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 and their representatives
have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for
up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing
statements.
1. Ordinance Amendment ZOA12-0008 - City initiated amendments to Articles 7-30 (Noise Control) and 15-
19 (Commercial Regulations) of the City Code establishing new regulations for outdoor music. Staff
Contact: James Lindsay (408) 868-1231.
Recommended action:
Adopt a resolution recommending the City Council adopt an ordinance modifying Articles 7-30 (Noise
Control) and 15-19 (Commercial Regulations) establishing new regulations for outdoor music.
2. APPLICATION FER12-0002; 20067 Mendelsohn Lane (517-21-012); Paul Wang. The applicant is
requesting a fence exception to install a five foot tall entrance gate approximately 13 feet from the edge of
street pavement. Staff Contact: Cynthia McCormick (408) 868-1230.
Recommended action:
Adopt Resolution No. 12-035 denying the project.
3. APPLICATION EXT10-0007 / 20640 Third Street (503-24-073) The Sam Cloud Barn, L.P. – The
applicant requests an extension of the a previous design review and variance approval (07-233) for a new
3
3,798 sq. ft. commercial building with a 1,142 sq. ft. basement. Staff Contact: Michael Fossati (408) 868-
1212.
Recommended action:
Adopt Resolution No. 12-034 approving the one time twelve month time extension.
4. APPLICATIONS PDR12-0011, SUB12-0004, CUP12-0004 / 14639 Big Basin Way (503-25-013)
Zambetti / Metro Architects – The applicant is requesting Design Review and Conditional Use Permit
approval to construct a two-story commercial building (1097 sq. ft. on the first floor and 1,754 sq. ft. on the
second floor), four-car garage, and two residential townhouses. Each townhouse will be approximately
1,400 sq. ft. in size, not including an approximate 700 sq. ft. basement. The applicant is also requesting
tentative map approval to subdivide the lot into three parcels. Staff Contact: Michael Fossati (408) 868-
1212.
Recommended action:
Adopt Resolution No. 12-033 approving the project subject to conditions of approval.
5. Ordinance Amendment ZOA12-0009 - City initiated amendments to Article 15-16(P-C Distirct) of the City
Code to create more flexible land use and design standards for projects that further the goals and policies of
the General Plan.
Recommended action:
Adopt the resolution recommending approval of the modifications to Article 15-16 to the City Council.
NEW BUSINESS
DIRECTOR/COMMISSION COMMUNICATION
ADJOURNMENT TO THE NEXT MEETING
- Wednesday, August 22, 2012 at 7:00 p.m. in the Council Chambers/Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning
Commission by City Staff in connection with this agenda are available at the office of the Community
Development at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the
Planning Commission concurrently with the posting of the agenda are also available on the City website at
www.saratoga.ca.us. Any materials distributed by staff after the posting of agenda are available for public review
at the Community Development Department at the time they are distributed to the Planning Commission.
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 July 19, 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
ACTION MINUTES
REGULAR MEETING
SARATOGA PLANNING COMMISSION
Wednesday, July 11, 2012
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777
FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
Commissioner Zhao arrived at 7:10 pm
ABSENT
Commissioner Almalech
APPROVAL OF MINUTES
Action Minutes from the Regular Planning Commission Meeting of June 27, 2012 (Approved as amended, 5:0:1(Reis
abstain)
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 and their representatives
have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for
up to three minutes. Applicants and their representatives have a total of five minutes maximum for closing
statements.
1. ZOA12-0009 Zoning Amendment. Staff Contact: James Lindsay (408)868-1231
Recommended action:
1. Provide comments on the preliminary draft changes to Article 15-16.
2. Continue the public hearing to July 25, 2012.
(Approved 6:0:1(Almalech –absent), the Commission provided comments to staff and continued the
public hearing to July 25, 2012)
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NEW BUSINESS
DIRECTOR/COMMISSION COMMUNICATION
The Commission scheduled a study session meeting to further discuss outdoor music on July 24, 2012 at 5:00 pm.
(Approved, 5:0:1(Almalech-absent):1(Hlava-departed at 8:39 pm))
ADJOURNMENT TO THE NEXT MEETING – ADJOURNED 8:54 PM
- Tuesday, July 24, 2012 at 7:00 p.m. in the Council Chambers/Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning
Commission by City Staff in connection with this agenda are available at the office of the Community
Development at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the
Planning Commission concurrently with the posting of the agenda are also available on the City website at
www.saratoga.ca.us. Any materials distributed by staff after the posting of agenda are available for public review
at the Community Development Department at the time they are distributed to the Planning Commission.
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 July 3, 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
6
REPORT TO THE PLANNING COMMISSION
Meeting Date: July 25, 2012
Application: ZOA12-0008 – Zoning Amendment
Location: City Wide
Applicant/Owner: City of Saratoga
Staff Planner: James Lindsay, Community Development Dir.
RECOMMENDED ACTION:
Adopt a resolution recommending that City Council adopt an ordinance modifying
Articles 7-30 (Noise Control) and 15-19 (Commercial Regulations) by establishing new
regulations for outdoor music.
BACKGROUND:
As part of the approved 2012 Community Development Department Work Plan, the City
Council directed staff and the Planning Commission to consider modification of the C-H
(Commercial Historic) zoning district regulations so that outdoor music would be an
allowed outdoor use.
Section 7-30.060(g) of the City Code lists live and recorded music as an exception to the
City’s standard noise restrictions. Such music cannot exceed 83dBA measured 25 feet
away from the source of noise and all commercial establishments are to keep doors and
windows closed during nighttime hours (after 10:00 PM) when live or recorded music is
being played. This exception does not apply in the C-H and C-N Districts as outdoor
music is excluded from the list of allowed outdoor uses.
On May 24, 2012, staff hosted an outreach meeting at the Fireman’s Hall located at
14434 Oak Street to collect public comments on outdoor music. Approximately 40
members of the public attended the meeting and the comments received were divided into
two categories; concerns & opportunities (Attachment #2). The concerns were centered
on the fact that the Village is a mixed-use environment and loud music can affect the
quality of life. The opportunities were centered on revitalizing business activity in the
Village by generating more foot traffic and creating a purpose for people to gather and
visit. Points of view held in common by some attendees are also included in Attachment
#2. Those common points centered on creating defined limits, consistent enforcement,
and not impacting the quality of life.
On June 8, 2012, staff approved an outdoor music event at Cinnabar Winery to conduct a
noise measurement test and several homeowners nearby volunteered to have noise
measurements taken inside their homes. The ambient noise level (measured before the
music started) along Big Basin Way varied from 60 to 70dB. When the music played at a
comfortable listening level (approximately 82dB measured 5 feet from the band) the
noise level 25 feet away measured 75dB. There was an approximate 3dBA increase in
1
7
ZOA12-0008 – Outdoor Music
noise measured inside a home across the street from Cinnabar located 25 feet back from
Big Basin Way. There was no measurable increase in decibels in a home set back 70 feet
from Big Basin but the music could still be heard. Music was barely audible in a home
located behind Cinnabar and there was no measurable increase in decibels while the
music was playing.
On June 27, 2012, the Planning Commission received a presentation from City staff,
opened the public hearing and received public testimony. The Commission continued the
public hearing to July 25th and requested a study session be conducted on July 10th to
discuss the proposed changes in more detail.
On July 10, 2012, the Commission conducted the study session and received a simulation
of different music levels at varying distances and from inside and outside a building.
Approximately 30 people were in attendance and additional public testimony was
received. At its July 11, 2012 meeting, the Commission requested an additional study
session on July 24th to further discuss the proposed changes.
REPORT SUMMARY:
The music test conducted on June 8th demonstrated that the City’s current exception for live
and recorded music is too loud for comfortable outdoor listening and could impact the
quality of life of nearby residents. The comments during the outreach meeting were very
informative and illustrated the need for well-defined limits and consistent enforcement if
outdoor music is to be allowed in the Village. Staff has concluded that such limits are
appropriate and should be included in all the City’s commercial districts as all districts have
residents in close proximity to businesses.
The following objectives guided staff recommendations for the proposed changes to the City
Code:
• Reduce the maximum outdoor noise level for music city-wide.
• Create a new permit type for outdoor music similar to the current Noise Exception
Permit (Section 7-30.090)
o Define limits to days and times outdoor music can be played
o Create a revocation process for non-compliance
o Ensure standards are easy to enforce
o Create certainty for businesses and residents
The following is a summary of the proposed modifications to the City Code regarding
outdoor music. The more recent modifications incorporates many of the comments received
at the July 10th study session and additional procedures being recommended by staff.
The complete text of the changes is contained in the draft ordinance which is included in
Attachment #1.
2
8
ZOA12-0008 – Outdoor Music
Noise Exceptions – Section 7-30.060(g)
Staff is recommending modifications so that the blanket live and recorded music exception
only applies to indoor music and the noise level measurement distances be reduced from 25
feet to 5 feet outside a building. Staff is also recommending that outdoor noise levels be
reduced from 83dBA to 73dBA and the requirement to close all windows and doors would
change from 10:00 PM to 9:00 PM. These changes would substantially lower the noise
levels that could be experienced by residents throughout the City as the current ordinance
allows a blanket noise exception for indoor music in all commercial establishments up to
83dBA measured 25-feet away with no time limit.
Outdoor Music Permit –Section 7-30.090(b)
Staff is proposing the establishment of an annual Outdoor Music Permit that could be issued
to any business in the CH Zoning District. These Outdoor Music Permits would be a new
type of noise exception permit. Sections 7-30.090 of the Noise Control chapter of the City
Code currently allows exception permits to the City’s noise limits which are often granted
for outdoor parties such as graduations or weddings.
Up to five annual permits could be approved each calendar year by the Community
Development Director for outdoor acoustic and/or amplified music under the following
regulations (additional annual permits may be approved by the Planning Commission after
conducting a public hearing):
• Permits would be issued within each city block as follows (refer to Attachment 2 for
a block map):
o 2 permits between 3rd Street & Saratoga Los Gatos Road
o One permit between 3rd and 4th Street
o One permit between 4th and 5th Street
o One permit west of 6th Street
• A permit may be shared by up to 3 businesses but only one business will be
allowed to use it at any one time with the prescribed hours.
• When 2 or more permits are issued within the same block the outdoor music
events shall be separated by at least 200 feet.
• Outdoor music may be played during the following days and times:
o May 1st through October 31st
o 5:00 PM 00 PM - 73 dbA max sound level
o Saturday
Friday – 9:
4:00 PM – 9:00 PM - 73 dbA max sound level
Sunda
•it condition or any of the standard regul lt in
laying of ba tion 7-
date of November 1, 2013 for the above permit process as
quested by the Planning Commission. This would result in the Outdoor Music Permit
o y 11:00 AM – 4:00 PM - 73 dbA max sound level
lation of a perm A vio ations could resu
permit revocation or modification and/or fines imposed on the business.
The p ckground music conforming to the ambient standards in Sec
30.040(a) does not require an Outdoor Music Permit.
he ordinance includes a sunsetT
re
only being applicable from May 1, 2013 to October 31, 2013 unless the City Code is
updated to remove the sunset date.
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9
ZOA12-0008 – Outdoor Music
Definitions of Acoustic and Amplified Music – Section 7-30.020(a) & (c)
The definitions contained in Section 7-30.020 related to noise do not contain a definition for
either Acoustic Music or Amplified Music. Staff is proposing the following definitions be
dded to this section of the City Code.
ume, range, distance or intensity of music.
n Outdoor Music Permit pursuant to Section 7-30.090(b) or
side a building pursuant to Section 7-30.060(g). Music played for the purposes of
roviding background music in outdoor areas through permanently mounted speakers on a
nts to the City Code are Categorically Exempt from the
alifornia Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections
5305 - Minor Alteration to Land Use Limitations, 15308 – Actions by Regulatory
and 15061(b)(3) - The general rule that
on could include the following:
a
• Acoustic music means vocal or instrumental music that is not electrically
enhanced or modified to project or transmit sound through amplifiers,
loudspeakers, microphones, or similar devices or combinations of devices which
are intended to increase the vol
• Amplified music means music projected or transmitted by electronic equipment
including, but not limited to, amplifiers, loudspeakers, microphones, or similar
devices or combinations of devices which are intended to increase the volume,
range, distance or intensity of music.
• Background music means recorded music played through permanently mounted
speakers which is clearly incidental to the primary use and allows for normal
conversation levels.
Live or Recorded Music. Businesses may have amplified or acoustic music outside a
building upon issuance of a
in
p
building or structure is permitted and must comply with the ambient noise standards set
forth in Section 7-30.040.
ENVIRONMENTAL DETERMINATION:
The proposed amendme
C
1
Agencies for Protection of the Environment,
CEQA applies only to projects which have the potential of causing a significant effect on
the environment. Staff is recommending amendments to the existing City Code that will
have the effect of reducing the overall allowable noise levels in the City. Currently any
commercial establishment may have live or recorded music that results in noise levels up
to 83dBA measured 25-feet from the source of music. In the CH zoning district such
noise levels currently can only come from music within a building. While staff’s
recommendation will introduce a new noise source in the CH district it will come with
noise levels significantly lower than what is currently allowed in that district under
general noise exceptions.
ALTERNATIVE ACTIONS:
Alternatives to staff’s recommendati
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10
ZOA12-0008 – Outdoor Music
5
A. Clearly prohibit outdoor music in commercial zones by listing it as an “expressly
prohibited use” in Section 15-90.020(c).
ended modifications to Section 7-30.060(g) to reduce the
.060 together with the
1.
Ch
p for Outdoor Music Permits
• Make the recomm
overall noise impact from live and recorded music.
B. Allow outdoor music in all commercial districts by right with no special permit
pro sces .
• Under this alterative we would recommend that outdoor music be included
in the blanket noise exceptions in Section 7-30
recommended conditions in which outdoor music should be conducted.
ATTACHMENTS:
Resolution recommending that the City Council approves the proposed amendments to
apter 7 (Health and Sanitation) and Chapter 15 (Zoning Regulations)
• Attachment A - Proposed Ordinance Amendments
2. Village Block Ma
3. Current Noise Ordinance
11
Attachment 1
CITY OF SARATOGA PLANNING COMMISSION
RESOLUTION NO: 12-032
Application ZOA12-0008
City of Saratoga
The City of Saratoga Planning Commission finds and determines as follows with respect to the
above-described application:
I. Project Summary
The existing noise levels for live and recorded music allowed as an exception to the City’s
noise standards should be reduced to enhance the quality of life in the City. A new permit
process to allow outdoor music in all commercial districts would provide limits to ensure the quality
of life in the City is maintained while providing business an opportunity to provide additional
services to their patrons in the CH District.
II. Planning Commission Review
On June 27, 2012 and on July 25, 2012, the Planning Commission held a duly noticed Public
Hearing on the Project at which time all interested parties were given a full opportunity to be heard
and to present evidence and argument. The Planning Commission considered the Project, the Staff
Report on the Project, correspondence, presentations from the public, and all testimony and other
evidence presented at the Public Hearing.
III. Environmental Review
The proposed amendments to the City Code are Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor
Alteration to Land Use Limitations, 15308 – Actions by Regulatory Agencies for Protection of
the Environment, and 15061(b)(3) - The general rule that CEQA applies only to projects which
have the potential of causing a significant effect on the environment. 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.
IV. Project Recommendation
After careful consideration of the staff report and other materials, exhibits and evidence
submitted to the City in connection with this matter, the Planning Commission of the City of
Saratoga does hereby recommend the City Council adopt an ordinance which would modify City
Code Article 7-30 (Noise Control) by establishing new regulations and procedures pertaining to
an Outdoor Music Permit and modifications to City Code Article 15-19 to allow outdoor music
in the CH Zoning District upon issuance of an Outside Music Permit as indicated in Attachment
A.
12
2
Application No. ZOA12-0008
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 25th day of July
2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Tina K. Walia
Chair, Planning Commission
Exhibit A – Proposed Zoning Code Amendments
13
Exhibit A
PLANNING COMMISSION RECOMMENDED AMENDMENTS TO SECTIONS
7-30.020, 7-30.060, 7-30.090, AND 15-19.050
OF THE SARATOGA CITY CODE
The Planning Commission recommends that the Saratoga City Code be amended as set forth
below. Text to be added is indicated in bold double-underlined font (e.g., double-underlined) and
text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by
this ordinance.
A. Amendments to Chapter 7 Concerning Health and Sanitation Regulations
1. The addition of definitions for Acoustic Music and Amplified Music
7-30.020 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 the provision clearly requires
otherwise:
(a) Acoustic music means vocal or instrumental music that is not electrically enhanced or
modified to project or transmit sound through amplifiers, loudspeakers, microphones,
or similar devices or combinations of devices which are intended to increase the
volume, range, distance or intensity of music.
(ab) Ambient noise level means the composite of noise from all sources, near and far,
constituting the normal or existing level of environmental noise at a given location,
excluding the noise source in question.
(c) Amplified music means music projected or transmitted by electronic equipment
including, but not limited to, amplifiers, loudspeakers, microphones, or similar devices
or combinations of devices which are intended to increase the volume, range, distance
or intensity of music.
(bd) Approving authority means the commission, officer or official of the City having the
authority to initially approve or deny a particular type of application.
(ce) Background music means recorded music played through permanently mounted
speakers which is clearly incidental to the primary use and allows for normal
conversation levels.
(f)Daytime means the twelve hour period from 7:00 A.M. to 7:00 P.M.
(df) Decibel or dB means a unit of sound of noise level equal to ten times the logarithm,
with base ten, of the ratio between the acoustic energy presented at a given location and
the lowest amount of acoustic energy audible to sensitive human ears.
1
14
Exhibit A
(eh) Decibel A Scale or dBA means a measure of decibels using the "A" scale or "A"
weighted network of the sound level meter.
(fi) Evening means the three hour period from 7:00 P.M. to 10:00 P.M.
(gj) Nighttime means the nine hour period from 10:00 P.M. to 7:00 A.M. of the following
day.
(hk) Noise level means the maximum continuous sound level or repetitive peak level
produced by a noise source or group of sources, as measured with a sound level meter.
(il) Property plane means a vertical plane located at and perpendicular to the property line
which determines the property boundaries in space of the parcel over or from which the
sound in questions is audibly transmitted.
(jm) Single event noise means noise generated from a single source which is distinguishable
from the ambient noise level.
(kn) Sound level meter means an instrument comprised of a microphone, an amplifier, an
output meter and frequency weighing networks, used for measuring sound levels in
decibel units.
2. Adding Outdoor Music to the list of noise exceptions for specific activities
7-30.060 Exceptions for specific activities.
Exceptions for specific activities, so long as the noise level at any point twenty-five feet from
the source of noise does not exceed 83 dBA, shall be permitted to exceed the standards set forth
in Section 7-30.050 under the following conditions:
(a) Residential construction. Residential construction, alteration or repair activities which
are authorized by a valid City permit, or do not require the issuance of a City permit, may
be conducted between the hours of 7:30 A.M. and 6:00 P.M. Monday through Friday and
between the hours of 9:00 A.M. and 5:00 P.M. on Saturday. Residential construction
shall be prohibited on Sunday and weekday holidays, with the exception of the following:
(1) Construction, alteration or repair activities that do not require a City permit may
be conducted between the hours of 9:00 A.M. and 5:00 P.M. on Sunday and
weekday holidays.
(2) Construction, alteration or repair activities which are authorized by a valid City
permit and which do not exceed fifty percent of the existing main or accessory
structure may be conducted between the hours of 9:00 A.M. and 5:00 P.M. on
Sunday and weekday holidays.
(3) Temporary construction activities authorized by the Community Development
Director upon his/her determination of an emergency.
A notice of applicable construction hour restrictions shall be posted conspicuously
on site at all times for all exterior residential construction activity requiring a City
permit.
2
15
Exhibit A
(b) Commercial construction. Construction, alteration or repair activities in Commercial
and Professional and Administrative Office zoning districts which are authorized by a
valid City permit, or do not require the issuance of a City permit, may be conducted
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. The
Community Development Director may grant temporary exemptions upon his/her
determination of an emergency.
(c) Subdivision construction. Subdivision construction activities which are authorized by
a valid City permit, or do not require the issuance of a City permit, may be conducted
between the hours of 7:30 A.M. and 6:00 P.M. Monday through Friday. Subdivision
construction shall be prohibited on Saturday, Sunday and other holidays. The Public
Works Director may grant temporary exemptions upon his/her determination of an
emergency.
(d) Garden tools. Powered garden tools except gasoline powered leaf blowers may be
utilized between the hours of 8:00 A.M. and 9:00 P.M. on Sundays through Saturdays.
Gasoline powered leaf blowers may be utilized between 8:00 A.M. and 5:00 P.M.
Monday through Saturday only. No gasoline powered leaf blowers shall be allowed on
Sundays. The noise level of all garden tools including gasoline powered leaf blowers
shall not exceed seventy-eight dBA at any point twenty-five feet from the source of
noise.
(e) Pool and spa equipment. Pool and spa equipment located within twenty feet of a side
property line shall only be operated between the hours of 8:00 A.M. and 10:00 P.M.
Noise from such equipment shall not exceed fifty dBA twenty-five feet from the source
of noise.
(f) Set-up and cleaning of commercial establishments. Set-up and cleaning activities
conducted at restaurants and other commercial establishments located immediately
adjacent to a residential area, which generate any noise audible to the occupants of the
adjacent residences, including noise generated by the operation of delivery or service
vehicles, shall not begin prior to one hour before the normal opening time of the
establishment or extend later than one hour after the normal closing time of the
establishment, or such other times as may be specified in a use permit, license, or other
entitlement granted by the City for such establishment.
(g) Indoor Live or recorded music. Commercial establishments Businesses in
commercial zoning districts may have live or recorded music played inside a building .
shall keep Aall doors and windows within the businesses shall be kept closed after 9:00
P.M. closed during nighttime hours when live or recorded music is being played. The
noise level shall not exceed 73dBA as measured by a sound level meter within five feet
outside the building.
(h) Animals. Noise caused by animals shall be governed by the provisions of Section 7-
20.190 concerning barking dogs and Section 15-11.020(h) concerning the keeping of
animals as pets.
3
16
Exhibit A
3. Adding “Outdoor Music Permit” as a type of noise exception permit
7-30.090 Exception permits.
(a) General Noise Exception Permit. If the applicant demonstrates to the satisfaction of
the Planning Director that immediate compliance with the requirements of this Article
would be impractical or unreasonable, the Planning Director may issue a permit to
allow exception from any or all of the provisions contained in this Article, with
appropriate conditions to minimize the public detriment caused by such exceptions.
Any such permit shall be for an initial term as specified by the Planning Director, not to
exceed thirty days. Longer terms up to one hundred twenty days may be granted by the
Planning Commission.
(b)In determining whether an exception permit should be issued and the nature and
scope of any conditions to be imposed, the Planning Director shall consider the
following factors:
(1) The level and intensity of the noise;
(2) The level and intensity of the background noise, if any;
(3) The proximity of the noise to residential areas;
(4) The time of day when the noise occurs;
(5) The duration of the noise, and whether it is recurrent, intermittent or constant;
(6) The nature and zoning of the area within which the noise emanates or to which it
is transmitted.
(b) Outdoor Music Permits - CH Zoning District. This Section 7-30.090(b) shall
become inoperative November 1, 2013, and shall be considered repealed on that date,
unless a later enacted ordinance that becomes effective on or before November 1,
2013 deletes or extends that date. An Outdoor Music Permit may be issued to
businesses located within the CH Zoning District subject to the requirements contained
in this Section for the purposes of allowing the playing of acoustic and/or amplified
music outside a building. The playing of background music conforming to the ambient
standards in Section 7-30.040(a) does not require an Outdoor Music Permit. The
Community Development Director may issue a maximum of five (5) annual Outdoor
Music Permits each calendar year. The Planning Commission may issue additional
Outdoor Music Permits after conducting a public hearing pursuant to the noticing
requirements contained in Section 15-55.060.
(1) Perm limited to theits issued by Community Development Director shall be
fo wllo ing distribution:
Sa. 2 permits between 3
rd treet & Saratoga Los Gatos Road.
b. One permit between
rd and 43th Street
th Streetc. One permit between 4
th and 5
d. One permit west of 6
th Street
4
17
Exhibit A
(2) Simultaneous outdoor music events within the same block described in (1)
above shall be separated by at least 200 feet.
(3) A permit may be shared by up to 3 businesses but only one business will be
allowed to use it at any one time with the prescribed hours described in (4)
below.
(4) Ac u ic is permitted months, days, times and maximumo stic and amplified mus
de bci el levels:
a. May through October
b. Fridays, 5:00 PM to 9:00 PM, 73 dbA
c. Saturdays, 4:00 PM to9:00 PM, 73 dbA
d. Sundays, 11:00 AM to 4:00 PM, 73 dbA
(5) Other requirements that the Director reasonably determines are necessary to
protect the public health, safety or welfare.
(6) Continuing Jurisdiction and Permit revocation. The approving authority, the
Director or Planning Commission, shall retain continuing jurisdiction over each
permit and may modify, delete or add conditions to, or revoke an Outdoor Music
Permit to the extent the approving authority deems necessary to protect the public
health, safety or welfare, or if the permit holder fails to meet any of the conditions
of the permit or to adequately address changed circumstances.
(7) Denial of a permit. The Director or Planning Commission may deny an Outdoor
Music Permit if the applicant has had an Outdoor Music Permit revoked within
the past twelve months or if the applicant is not in compliance with the City Code
or a use permit issued pursuant to the City Code, or on the basis of any factor
identified in Subsection 7-30.060(a)(1)-(6).
(8) Hearings and Appeals from Administrative Decisions. Prior to denial,
modification, or revocation of a permit, the Community Development Director
shall notify the applicant in writing of the intent to deny, modify, or revoke the
permit, the reasons for such intended decision, and that the applicant may within
five days after receipt of such notice file with the Director a written request for a
hearing before the Director. A determination of the Director to issue, deny,
modify or revoke a permit may be appealed to the Planning Commission in
accordance with the procedures set forth in Article 15-90 for appeals from
administrative decisions and notwithstanding Section15-90.020, the decision of
the Planning Commission on the appeal shall be final and not subject to appeal to
the City Council.
5
18
Exhibit A
6
(9) Hearing and Appeals from Planning Commission Decisions. Prior to denial,
modification, or revocation of a permit, the Community Development Director shall
notify the applicant in writing of the intent to deny, modify, or revoke the permit,
the reasons for such intended decision, and the date of Planning Commission public
hearing at least ten days prior to said hearing. A determination of the Planning
Commission to issue, deny, modify or revoke a permit may be appealed to the
Planning Commission in accordance with the procedures set forth in Article 15-90
for appeals from decisions of the Planning Commission.
B. Amendments to Chapter 15 Concerning Zoning Regulations
4. Adding “Live & Recorded” to the list of permitted uses in the CH districts
15-19.050 - C-H district regulations
(l) Live or Recorded Music. Businesses may have amplified or acoustic music outside a
building upon issuance of an Outdoor Music Permit pursuant to Section 7-30.090(b) or
inside a building pursuant to Section 7-30.060(g).
End of Amendments
19
Block 1 –2 permitsBlock 2 –1 permitBlock 3 –1 permitBlock 4 –1 permitBlocks for Outdoor MusicBlock 1Block 2Block 3Block 420
(a)
(b)
(c)
(d)
(e)
(a)
(b)
(c)
Saratoga, California, Code of Ordinances >> Chapter 7 - HEALTH AND SANITATION >> Article 7-30 -
NOISE CONTROL >>
Article 7-30 -
NOISE CONTROL
Sections:
7-30.010 - Purposes of Article.
7-30.020 - Definitions.
7-30.030 - Exemptions.
7-30.040 - Ambient noise standards.
7-30.050 - General noise restriction.
7-30.060 - Exceptions for specific activities.
7-30.070 - Exhaust fans.
7-30.080 - Authority to require noise study.
7-30.090 - Exception permits.
7-30.100 - Violations of Article; enforcement; penalties.
7-30.010 - Purposes of Article.
This Article is adopted for the following purposes:
To protect the citizens of the City from excessive, unnecessary, and unreasonable
noises from any and all sources in the community subject to regulation and control by
the City;
To maintain and preserve the quiet residential atmosphere of the City;
To implement the goals and policies contained in the Noise Element of the City's
General Plan;
To establish noise standards for various land uses and activities within the City;
To prohibit noise which disturbs the peace and quiet of a neighborhood or causes
discomfort or annoyance to persons of normal sensitivities.
(Ord. 71.92 § 1 (part), 1991)
7-30.020 - 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 the provision clearly requires
otherwise:
Ambient noise level means the composite of noise from all sources, near and far,
constituting the normal or existing level of environmental noise at a given location,
excluding the noise source in question.
Approving authority means the commission, officer or official of the City having the
authority to initially approve or deny a particular type of application.
Daytime means the twelve hour period from 7:00 A.M. to 7:00 P.M.
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(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(a)
(b)
(a)
Land Use Daytime Evening Nighttime
Residential
Outdoor 60 dBA 50 dBA 45 dBA
Indoor 45 dBA 35 dBA 30 dBA
Public park
Outdoor 60 dBA 50 dBA 45 dBA
Indoor 50 dBA 40 dBA 35 dBA
Office/ Commercial
Outdoor 65 dBA 55 dBA 50 dBA
Indoor 50 dBA 40 dBA 35 dBA
Decibel or dB means a unit of sound of noise level equal to ten times the logarithm,
with base ten, of the ratio between the acoustic energy presented at a given location
and the lowest amount of acoustic energy audible to sensitive human ears.
Decibel A Scale or dBA means a measure of decibels using the "A" scale or "A"
weighted network of the sound level meter.
Evening means the three hour period from 7:00 P.M. to 10:00 P.M.
Nighttime means the nine hour period from 10:00 P.M. to 7:00 A.M. of the following
day.
Noise level means the maximum continuous sound level or repetitive peak level
produced by a noise source or group of sources, as measured with a sound level
meter.
Property plane means a vertical plane located at and perpendicular to the property
line which determines the property boundaries in space of the parcel over or from
which the sound in questions is audibly transmitted.
Single event noise means noise generated from a single source which is
distinguishable from the ambient noise level.
Sound level meter means an instrument comprised of a microphone, an amplifier, an
output meter and frequency weighing networks, used for measuring sound levels in
decibel units.
(Ord. 71.92 § 1 (part), 1991)
7-30.030 - Exemptions.
The following sources of noise shall be exempt from the provisions of this Article:
Emergencies.Persons and equipment engaged in essential activities necessary to
preserve, protect or save lives or property from imminent danger, loss or harm.
Alarm systems.Any outside audible alarm system for which a permit has been
issued pursuant to Article 6-10 of this Code, and which complies with the
requirements set forth in Section 6-10.060 of said Article.
(Ord. 71.92 § 1 (part), 1991)
7-30.040 - Ambient noise standards.
Except as otherwise provided in Paragraph (b) of this Section, all proposed uses and
developments shall comply with the following ambient noise standards for the various zoning
districts and times of day as indicated below. The indoor standards apply to noise produced
by exterior noise sources.
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(b)
(1)
(2)
(3)
(4)
Daytime Evening Nighttime
Outdoor 50 dBA 45 dBA 45 dBA
Indoor 35 dBA 30 dBA 30 dBA
(a)
(b)
(c)
(1)
(2)
(3)
(a)
The following land uses are hereby declared to be noise sensitive areas:
Nursing, convalescent, and retirement homes;
Schools, while in session;
Places of worship, while services are being conducted.
Libraries, during hours of operation.
The ambient noise standards for uses and developments to be located in and of the
noise sensitive areas listed above shall be as follows:
(Ord. 71.92 § 1 (part), 1991)
7-30.050 - General noise restriction.
No person shall cause, produce, or allow to be produced, in any residential zoning district,
any single event noise more than six dBA above the ambient noise level at the location
where the single event noise source is measured.
No person shall cause, produce or allow to be produced, in any office or commercial district,
any single event noise more than eight dBA above the ambient noise level at the location
where the single event noise source is measured.
The single event noise level shall be measured with a sound level meter as follows:
With respect to noise originating upon a particular site, the measurement can be taken
at any point outside of the property plane for that site.
With respect to noise originating from a dwelling unit constituting part of a multi-family
development, the measurement can be taken at any point beyond the exterior walls of
such unit or at any point within the habitable interior of another dwelling unit located
on the same site.
With respect to any situation not described in subsection (c)(1) or (c)(2) of this
Section, the measurement shall be taken at the point where the noise source is
located.
(Ord. 71.92 § 1 (part), 1991)
(Amended by Ord. No. 272, § 2(exh. A), 9-16-2009)
7-30.060 - Exceptions for specific activities.
Exceptions for specific activities, so long as the noise level at any point twenty-five feet from
the source of noise does not exceed 83 dBA, shall be permitted to exceed the standards set forth in
Section 7-30.050 under the following conditions:
Residential construction.Residential construction, alteration or repair activities
which are authorized by a valid City permit, or do not require the issuance of a City
permit, may be conducted between the hours of 7:30 A.M. and 6:00 P.M. Monday
through Friday and between the hours of 9:00 A.M. and 5:00 P.M. on Saturday.
Residential construction shall be prohibited on Sunday and weekday holidays, with
the exception of the following:
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(1)
(2)
(3)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Construction, alteration or repair activities that do not require a City permit may
be conducted between the hours of 9:00 A.M. and 5:00 P.M. on Sunday and
weekday holidays.
Construction, alteration or repair activities which are authorized by a valid City
permit and which do not exceed fifty percent of the existing main or accessory
structure may be conducted between the hours of 9:00 A.M. and 5:00 P.M. on
Sunday and weekday holidays.
Temporary construction activities authorized by the Community Development
Director upon his/her determination of an emergency.
A notice of applicable construction hour restrictions shall be posted
conspicuously on site at all times for all exterior residential construction activity
requiring a City permit.
Commercial construction.Construction, alteration or repair activities in Commercial
and Professional and Administrative Office zoning districts which are authorized by a
valid City permit, or do not require the issuance of a City permit, may be conducted
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. The
Community Development Director may grant temporary exemptions upon his/her
determination of an emergency.
Subdivision construction.Subdivision construction activities which are authorized
by a valid City permit, or do not require the issuance of a City permit, may be
conducted between the hours of 7:30 A.M. and 6:00 P.M. Monday through Friday.
Subdivision construction shall be prohibited on Saturday, Sunday and other holidays.
The Public Works Director may grant temporary exemptions upon his/her
determination of an emergency.
Garden tools.Powered garden tools except gasoline powered leaf blowers may be
utilized between the hours of 8:00 A.M. and 9:00 P.M. on Sundays through Saturdays.
Gasoline powered leaf blowers may be utilized between 8:00 A.M. and 5:00 P.M.
Monday through Saturday only. No gasoline powered leaf blowers shall be allowed on
Sundays. The noise level of all garden tools including gasoline powered leaf blowers
shall not exceed seventy-eight dBA at any point twenty-five feet from the source of
noise.
Pool and spa equipment.Pool and spa equipment located within twenty feet of a
side property line shall only be operated between the hours of 8:00 A.M. and 10:00
P.M. Noise from such equipment shall not exceed fifty dBA twenty-five feet from the
source of noise.
Set-up and cleaning of commercial establishments.Set-up and cleaning activities
conducted at restaurants and other commercial establishments located immediately
adjacent to a residential area, which generate any noise audible to the occupants of
the adjacent residences, including noise generated by the operation of delivery or
service vehicles, shall not begin prior to one hour before the normal opening time of
the establishment or extend later than one hour after the normal closing time of the
establishment, or such other times as may be specified in a use permit, license, or
other entitlement granted by the City for such establishment.
Live or recorded music.Commercial establishments shall keep all doors and
windows closed during nighttime hours when live or recorded music is being played.
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(a)
(b)
(1)
(2)
(3)
(4)
(5)
(6)
Animals.Noise caused by animals shall be governed by the provisions of Section 7-
20.190 concerning barking dogs and Section 15-11.020(h) concerning the keeping of
animals as pets.
(Ord. 71.92 § 1 (part), 1991; Ord. 200 § 2, 2000)
7-30.070 - Exhaust fans.
All exhaust fans and mechanical equipment shall be enclosed for the purpose of
soundproofing, subject to the Planning Director's review and approval. Exhaust fans lawfully
constructed prior to August 2, 1991, shall be screened to the satisfaction of the Planning Director
no later than two years from the date of notice from the City to the owner.
(Ord. 71.92 § 1 (part), 1991)
7-30.080 - Authority to require noise study.
As a condition for the granting of any license, permit or development approval the approving
authority may require the preparation of a noise study to determine whether the proposed activity
will comply with the noise standards contained in this Article. The cost of such study shall be paid,
in advance, by the applicant. If the study predicts that any of the noise standards will be violated the
approving authority may require implementation of mitigation measures to reduce the noise
impacts, and may further require the conduct of additional studies after the activity is commenced to
determine the effectiveness of the mitigation measures. If the violation cannot be prevented or
corrected through mitigation measures, the approving authority may deny or revoke the license,
permit or development approval.
(Ord. 71.92 § 1 (part), 1991)
7-30.090 - Exception permits.
If the applicant demonstrates to the satisfaction of the Planning Director that immediate
compliance with the requirements of this Article would be impractical or unreasonable, the
Planning Director may issue a permit to allow exception from any or all of the provisions
contained in this Article, with appropriate conditions to minimize the public detriment caused
by such exceptions. Any such permit shall be for an initial term as specified by the Planning
Director, not to exceed thirty days. Longer terms up to one hundred twenty days may be
granted by the Planning Commission.
In determining whether an exception permit should be issued and the nature and scope of
any conditions to be imposed, the Planning Director shall consider the following factors:
The level and intensity of the noise;
The level and intensity of the background noise, if any;
The proximity of the noise to residential areas;
The time of day when the noise occurs;
The duration of the noise, and whether it is recurrent, intermittent or constant;
The nature and zoning of the area within which the noise emanates or to which it is
transmitted.
(Ord. 71.92 § 1 (part), 1991)
7-30.100 - Violations of Article; enforcement; penalties.
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(a)
(b)
(c)
The violation of any provision contained in this Article shall constitute an infraction and a
public nuisance.
It shall be the duty of all policemen, all deputies of the County Sheriff performing police
services in the City, all Community Service Officers and the Planning Director to enforce the
provisions of this Article.
In addition to the penalties for infraction offenses and the procedures for nuisance
abatement as set forth in Chapter 3 of this Code, any noise level and its source in violation of
any of the provisions of this Article may be summarily abated, which may include, but is not
limited to, removal, dismantlement and taking into custody the source of such noise, and in
this regard, the confiscation of any machine or device used to violate any of the provisions of
this Article is hereby authorized to be held for use as evidence in any proceeding that may
be brought for such violation.
(Ord. 71.92 § 1 (part), 1991)
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REPORT TO
THE PLANNING COMMISSION
Meeting Date: July 25, 2012
Application: Fence Exception FER12-0002
Location / APN: 20067 Mendelsohn Lane / 517-21-012
Owner/Applicant: Paul Wang
Staff Planner: Cynthia McCormick, Planner, AICP
20067 Mendelsohn Lane
Page 1 of 4
27
Summary
PROJECT DESCRIPTION: The applicant is requesting a fence exception to install a five foot tall
entrance gate approximately 13 feet from the edge of street pavement. Whereas Section 15-
29.010(d) of the City Code requires entrance gates to be installed 20 feet from the edge of street
pavement.
Staff is not supporting this request due to the possibility that the gate would create a safety
hazard for vehicular, pedestrian or bicycle traffic. The 20 foot separation between an entrance
gate and the edge of street pavement creates a safe refuge for a vehicle to pull into as the gate is
being opened thereby not obstructing vehicle, pedestrian or bicycle traffic. The proposed 13 foot
distance would not be adequate for a vehicle to be completely clear of the adjacent roadway.
STAFF RECOMMENDATION: Adopt Resolution No. 12-035 denying the project.
Fence Exception approval by the Planning Commission is required pursuant to City Code Section
15-29.090
PROJECT DATA:
Net Site Area: 21,170 SF
Average Slope: n/a
General Plan Designation: Residential Low Density (RLD)
Zoning: R-1 20,000
FENCE DATA:
Proposal Code Requirements
Front Setback:
3 foot tall existing fence
5 foot tall gate
5 foot tall columns
Pavement Setback:
13’8” from edge of pavement to gate
Front setback:
3 foot tall fence
5 foot tall gate
5 foot tall columns
Pavement Setback:
20’ from edge of pavement to gate
PROJECT DESCRIPTION AND SITE CHARACTERISTICS
Site Description: The project is located on Mendelsohn Lane southwest of Saratoga-Los Gatos
Road. The garage is setback approximately 38 feet from the property line and approximately 47
Application No. FER 12-0002; 20067 Mendelsohn Lane Page 2 of 4
28
feet from the edge of the road. The existing three foot tall fence is approximately seven feet from
the front property line and approximately 13 feet from the edge of the road.
Project Description: The applicant is requesting an exception to the 20 foot setback requirement
between a vehicle gate and the edge of the road. As proposed, the gate would be located 13 feet,
eight inches to the edge of the road. The sliding gate will operate from left to right and thus will
not encroach further into the front setback. The applicant has indicated that the reduced setback
is desired in order to minimize the setback of the gate from the existing fence and maximize the
parking and maneuvering area between the gate and the garage.
Architectural Style: The new five foot wrought-iron tall gate will include decorative metal scroll
work. The new gate will be attached to the existing wrought-iron fence which will be re-painted
to match the new gate. The gate will be 19 feet wide and will be flanked by precast stucco
columns. The columns will be painted to match the home.
Neighbor Notification and Correspondence: The applicant notified adjacent neighbors about the
proposal. A Public Notice was also sent to property owners within 500 feet of the site. No
comments have been submitted as of the writing of this staff report.
FINDINGS
Fence Exception Findings
The applicant has only met four of the five findings required to approve a Fence Exception under
City Code Section 15-29.090, as set forth below:
Finding #1: The subject fence will be compatible with other similar structures in the
neighborhood. The project meets this finding. The fence would be similar in location and height
to existing fencing in the immediate neighborhood. The wrought-iron fence and gate are
compatible with other wrought-iron fences in the neighborhood.
Finding #2: The entirety of the subject fence will be constructed of materials that are of high
quality, exhibit superior craftsmanship, and that are durable. The project meets this finding.
The existing wrought-iron fence will be re-painted to match the new gate. The new gate would
be made of high quality materials including half-inch metal pickets, metal cap and frame,
decorative scrolling at the top of the gate and decorative flat metal panel at the bottom of the
gate. The columns that support the fence would be constructed of precast stucco columns to
match the house.
Finding #3: The modification will not impair the integrity and character of the neighborhood
in which the fence is located. The project meets this finding. The proposed fencing would be
complimentary to other existing fencing in the neighborhood and the wrought-iron fence would
provide an open feeling along the street front.
Application No. FER 12-0002; 20067 Mendelsohn Lane Page 3 of 4
29
Application No. FER 12-0002; 20067 Mendelsohn Lane Page 4 of 4
Finding #4: The granting of the exception will not be detrimental or injurious to the property,
adjacent neighbors, or improvements in the general vicinity and district in which the property
is located. The wrought-iron fence and gate will provide added security to the property and is
aesthetically appropriate for the property and the neighborhood. The project meets this finding.
Finding #5: The granting of the exception will not create a safety hazard for vehicular,
pedestrian or bicycle traffic and does not obstruct the safe access to and from adjacent
properties. A 20 foot separation between an entrance gate and the edge of street pavement
reduces obstructions to traffic and creates a safe refuge for a vehicle to pull off of the roadway as
the gate is being opened. The proposed 13 foot distance would not be adequate for a vehicle to
be completely clear of the adjacent roadway and could create a safety hazard for vehicular,
pedestrian or bicycle traffic. This finding cannot be met.
Environmental Determination: The project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Title 14 California Code of Regulations, Chapter 3.
Article 19, Section 15303 (“State CEQA Guidelines”). Class 3 exemptions include the construction
and location of a new small structure such as a fence.
STAFF RECOMMENDATION:
Adopt Resolution No. 12-035 denying the project.
ATTACHMENTS:
1. Resolution
2. Public Hearing Notice, Mailing Addresses for Project Notification
3. Development Plans (Exhibit "A")
30
Attachment 1
RESOLUTION NO. 12-035
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
DENYING APPLICATION NO. FER 12-0002 FOR A GATELOCATED AT 20067
MENDELSOHN LANE / 517-21-012
WHEREAS, on April 23, 2012 an application was submitted by Paul Wang requesting
Fence Exception approval for a new gate. The five foot tall gate would be located approximately
13 feet from the edge of pavement.
WHEREAS, on July 25, 2012, the Planning Commission held a duly noticed public
hearing on the subject application, and considered evidence presented by City staff, the
applicant, and other interested parties.
WHEREAS, a 20 foot separation between an entrance gate and the edge of street
pavement reduces obstructions to traffic and creates a safe refuge for a vehicle to pull off of the
roadway as the gate is being opened. The proposed 13 foot distance would not be adequate for a
vehicle to be completely clear of the adjacent roadway and could create a safety hazard for
vehicular, pedestrian or bicycle traffic.
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: After careful consideration of the request the City of Saratoga Planning
Commission hereby denies Application No. FER12-0002.
Section 3: Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga
City Code, this Resolution shall become effective fifteen (15) days from the date of adoption.
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 25th day of
July 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Tina K. Walia
Chair, Planning Commission
31
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, July 25 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: FER12-0002
OWNER: Paul Wang
ADDRESS/APN: 20067 Mendelsohn; Saratoga, CA 95070 / 517-21-012
PROJECT DESCRIPTION: The applicant is requesting a fence exception for a five foot tall
gate to be located approximately 13 feet from the edge of pavement.
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
Planner
(408) 868-1230
32
Parcel Number Owner Name
#5113 500' OWNERSHIP LISTING
510-01-001 LAWRENCE A & LISA G POTT
510-01-002 DOUGLAS & HILARY RODONI
510-01-003 YUE LIN
510-01-007 JERRY M & SANDY L BAKER
510-01-008 JOYCE KAYHAN
510-01-009 TIMOTHY K & CARLA L ROBINSON
510-01-010 KENNETH J & SUE E WAYNE
510-01-012 PEPPER LANE INVESTMENTS-LLC
510-01-045 JAMES R & SHERRIL P KENNY
517-20-012 JEFFREY A & BRUNA M BYRNE
517-20-013 BELL TRUST
517-20-014 CHARLES S & KAREN H ARING
517-20-015 CHENG YUAN TE RESA WU
517-20-022 LOUIS WILLIAM & MARY KAY BREITENBACH
517-21-007 JEFFERY L & CATHERINE A THERMOND
517-21-008 ARNOLD S & JOYCE M DEL CARLO
517-21-009 LEOPOLD PIVK
517-21-012 MARGARET & PAUL WANG
517-21-013 NANCY L TKALCEVIC
517-21-014 ANDREAS W MATTES
517-21-015 PETER J & CHRISTINE L RUTTI
517-21-016 RONALD J & TANYA M SINGLEY
517-21-017 MATTHEW J & LAURA B MURPHY
517-21-018 CHRISTINE M & THOMAS A LERONE
517-21-019 ERIC C LIN
517-21-020 TOAI ANH DOAN
517-21-021 ADAMSON G DAVID TR/TR
517-21-022 CHIEN C & SHU L CHANG
517-21-023 SHIE-REI & CHIA-LI HUANG
517-21-024 KIMBALL W & MARTHA L SMALL
517-21-025 SARCADIA LLC
517-21-026 DANIEL MIRANDA
517-21-027 RONALD D & MICHELE F LEWIS
517-21-031 DAVID CHENG-YI & JUNE TEH-CHUING CHENG
517-21-032 DAVID CHENG-YI & JUNE TEH-CHUING CHENG
517-21-033 DAVID CHENG-YI & JUNE TEH-CHUING CHENG
517-22-008 TA-HSIN D & PYNG-ING LIU
517-22-012 HENRY S & LISA S CHANG
517-22-015 THOMAS J & ROSE M PASHOS
517-22-016 WARREN WINOVICH
517-22-037 PEPPER LANE INVESTMENTS-LLC
517-22-038 JAMES R & SHERRIL P KENNY
517-22-039 LAWRENCE A & LISA G POTT
517-22-058 ERNST & MARGARITA KATCHOUR
517-22-113 MICHAEL S & PATRICK G COOGAN
517-22-114 LIXUE & JING JIE CHEN
517-22-120 TIMOTHY K & HUGILL MONTGOMERY
33
Owner Address Owner City, State Zip
Prepared for: 20067 Mendelsohn Lane
20040 MENDELSOHN LN SARATOGA CA 95070
19916 MENDELSOHN LN SARATOGA CA 95070
19892 MENDELSOHN LN SARATOGA CA 95070
15069 PARK DR SARATOGA CA 95070
15083 PARK DR SARATOGA CA 95070
15097 PARK DR SARATOGA CA 95070
15111 PARK DR SARATOGA CA 95070
15729 LOS GATOS BLVD #200 LOS GATOS CA 95032
15052 PIEDMONT RD SARATOGA CA 95070
20115 BONNIE BRAE WAY SARATOGA CA 95070
20090 MENDELSOHN LN SARATOGA CA 95070
20080 MENDELSOHN LN SARATOGA CA 95070
20121 HILL AVE SARATOGA CA 95070
20130 BONNIE BRAE WAY SARATOGA CA 95070
20017 MENDELSOHN LN SARATOGA CA 95070
19911 MENDELSOHN LN SARATOGA CA 95070
19935 MENDELSOHN LN SARATOGA CA 95070
20067 MENDELSOHN LN SARATOGA CA 95070
20077 MENDELSOHN LN SARATOGA CA 95070
20087 MENDELSOHN LN SARATOGA CA 95070
20097 MENDELSOHN LN SARATOGA CA 95070
20101 MENDELSOHN LN SARATOGA CA 95070
20107 MENDELSOHN LN SARATOGA CA 95070
20190 RANCHO BELLA VISTA SARATOGA CA 95070
20170 RANCHO BELLA VISTA SARATOGA CA 95070
20150 RANCHO BELLA VISTA SARATOGA CA 95070
20140 RANCHO BELLA VISTA SARATOGA CA 95070
20130 RANCHO BELLA VISTA SARATOGA CA 95070
20121 RANCHO BELLA VISTA SARATOGA CA 95070
PO BOX 3567 SARATOGA CA 95070
14315 TAOS RD SARATOGA CA 95070
20151 RANCHO BELLA VISTA SARATOGA CA 95070
20161 RANCHO BELLA VISTA SARATOGA CA 95070
1799 HAMILTON AVE #203 SAN JOSE CA 95125
1799 HAMILTON AVE #203 SAN JOSE CA 95125
1799 HAMILTON AVE #203 SAN JOSE CA 95125
10435 BEARDON DR CUPERTINO CA 95014
15050 BONNIE BRAE LN SARATOGA CA 95070
PO BOX 1354 CHICAGO IL 60690
15091 PIEDMONT RD SARATOGA CA 95070
15729 LOS GATOS BLVD #200 LOS GATOS CA 95032
15052 PIEDMONT RD SARATOGA CA 95070
20040 MENDELSOHN LN SARATOGA CA 95070
20076 MENDELSOHN LN SARATOGA CA 53705
P O BOX 1293 MONROE WA 98272
20100 HILL AVE SARATOGA CA 95070
15000 BONNIE BRAE LN SARATOGA CA 95070
34
35
36
37
REPORT TO THE
PLANNING COMMISSION
Meeting Date: July 25, 2012
Application: Time Extension EXT10-0007
Location / APN: 20640 Third Street / 503-24-073
Owner / Applicant: The Sam Cloud Barn L.P.
Staff Planner: Michael Fossati
20640 3rd Street
SUMMARY
38
ZONING GENERAL PLAN DESIGNATION
Commercial-Historic 1 (CH-1) Commercial Retail (CR)
PARCEL SIZE AVERAGE SLOPE
2,378 square feet (net lot size) 48%
GRADING REQUIRED
338 cubic yards
PROJECT DESCRIPTION:
The applicant is requesting a time extension to previously approved Design Review and
Variance applications for the construction of a new 3,798 square foot three-story commercial
building to be located 20640 Third Street.
The project was reviewed by Planning Commission through three separate study sessions
and approved in September 2007. The Planning Commission’s approval was later upheld on
appeal by the City Council in November 2007.
STAFF RECOMMENDATION:
Adopt Resolution No. 12-034 approving the one time twelve month time extension.
2
39
PROJECT DATA
Net Lot Size:
2,378 sq. ft.
Proposed Allowed
Floor Area
3rd Floor:
2nd Floor:
1st Floor:
Total
Basement:
1,266 sq. ft.
1,266 sq. ft.
1,266 sq. ft.
3,798 sq. ft.
1,142 sq. ft.
No maximum. The
floor area is only limited
by the building
coverage limitation of
80% of the lot size and
the maximum height.
Proposed Building Coverage *
1,266 sq. ft. (50%)
80% Maximum
Setbacks
Front:
Rear:
North Side:
South Side:
0’
0 - 5’ (varies)
0’
0 - 5’ (varies)
No setback required
No setback required
No setback required
No setback required
Height
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
476.0’
505.9’
496.9’
515.7’ (19’)
Maximum Building
Height is 531.9’
(35 Feet)
TIME EXTENTION
The Design Review and Variance approvals for the project expired on November 20, 2010.
The applicant submitted an application for an extension with the associated fees on
November 18, 2010, vesting his right for a public hearing in order to request an extension.
Pursuant to City Code Section 15-46.050(b) the Planning Commission may grant a time
period extension for a single period not exceeding twelve months. Time extensions are not a
matter of right and the Commission may deny the application or grant the same approval
subject to conditions. If the time extension is granted the approvals would expire on June
25, 2013.
ENVIRONMENTAL DETERMINATION: The project is Categorically Exempt from the
Environmental Quality Act (CEQA) pursuant Section.
* Commercial Districts only limit site coverage with structures, not with paving or impervious surfaces.
3
40
4
STAFF RECOMMENDATION
Staff recommends the Planning Commission adopt Resolution No. 12-034 approving the one
time twelve month time extension.
ATTACHMENTS:
1. Resolution of Approval – 20640 3rd Street
2. Previous Staff Report –dated 9/26/2007
3. Minutes – Planning Commission - dated 9/26/2007
4. Memo – City Council – dated 11/20/2007
5. Minutes – City Council – dated 11/20/2007
6. Plans – Exhibit ‘A’
41
Attachment 1
RESOLUTION NO. 12-034
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING AN EXTENSION (EXT10-0007) OF THE DESIGN REVIEW AND
VARIANCE APPROVAL (07-233) AT 20640 3RD STREET
WHEREAS, on September 26, 2007, following a public hearing at which time all
interested parties were given a full opportunity to be hear and present evidence, the City of
Saratoga Planning Commission approved a Design Review and Variance to construct a
commercial building located at 20640 Third Street (APN 503-24-073), which is located in the
Commercial Historic 1 (CH-a) Zoning district; and
WHEREAS, on November 20, 2007, the City Council held a public hearing to consider
an appeal to deny the Planning Commission’s approval of 07-233, where all interested parties
were given a full opportunity to be heard and to present evidence; and
WHEREAS, the City Council had considered the appeal and all testimony and other
evidence submitted in connection therewith; and
WHEREAS, the City Council denied the appeal and affirmed the Planning Commission
approval of the Design Review and Variance application; and
WHEREAS, on November 18, 2010, an application was submitted by The Sam Cloud
Barn, L.P. requesting an extension for the aforementioned Design Review and Variance approval
(07-233); and
WHEREAS, on July 25, 2012, the Planning Commission held a duly noticed public
hearing on the subject application, and considered evidence presented by City staff, the
applicant, and other interested parties. All comments on the proposed project were raised during
the public comment period and at the Public Hearing on the Project and 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.
Section 2: The project is consistent with Saratoga General Plan Land Use Element Policy
5.4, in that through the development review process; ensure that adjoining neighborhoods are
protected from noise, light, glare and other impacts resulting from new or expanded non-
residential development, and Land Use Element Policy 5.2 in that development proposals shall
be evaluated against City standards and guidelines to assure that the related traffic, noise, light,
appearance, and intensity of the proposed use have limited adverse impact on the area and can be
fully mitigated.
Section 3: The project is consistent with the Saratoga City Code, Saratoga Village Plan
and Saratoga Village Design Guidelines in that the design and improvements of commercial and
multi-family structures utilize harmonious architectural features; that the proposed landscaping
shall make use of water-conserving plants, materials and irrigation systems to the maximum
extent feasible; that the colors of wall and roofing materials blend with the natural landscape and
42
Resolution No. 12-033 Page 2
be nonreflective; and that the proposed development be compatible in terms of height, bulk, and
design with other structures in the immediate area.
Section 4: The project meets the burden of proof required to support the Variance in
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, in 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, and in 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
Section 5: The project meets the burden of proof required to support the time period
extension in accord with the objectives of the Zoning Ordinance and the purposes of the district
in which the site is located.
Section 6: The City of Saratoga Planning Commission hereby approves application
EXT10-0007, for the project located at 20640 Third Street, subject to the Conditions of Approval
attached hereto as Exhibit 1.
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 25th day of
July 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Tina K. Walia
Chair, Planning Commission
43
Resolution No. 12-033 Page 3
EXHIBIT 1
CONDITIONS OF APPROVAL
EXT10-0007
20640 THIRD STREET (503-25-073)
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, or grading
for this project shall be issued until proof is filed with the city that a certificate of approval
documenting all applicable permanent or other term-specified conditions has been recorded
by the applicant with the Santa Clara County Recorder’s office in form and content to 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. 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).
4. 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.
5. 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.
44
Resolution No. 12-033 Page 4
COMMUNITY DEVELOPMENT
1. The following Resolution supersedes Variance and Design Review application No. 07-
233, and all conditions set forth per the aforementioned Resolution.
2. Construction must be commenced within twelve months from the date on which this
Resolution became effective or approval will expire.
3. The development shall be located and constructed as shown on “Exhibit A” (incorporated
by reference, date stamped September 19, 2007) as modified on Sheet L to require potted
plants in the entry area off Third Street selected by the project landscape architect and
subject to approval by the Community Development Director and in addition signage
substantially similar to that shown on the photograph submitted by the Applicant to the
Planning Commission at the September 26, 2007 Public Hearing and located adjacent to
the entrance to the Sam Cloud Barn building near the bridge. All of the foregoing shall
be subject to the conditions state in this Resolution. Any proposed changes-including but
not limited to façade design and materials – to the approved plans shall be submitted in
writing with a clouded set of plans highlighting the changes. Proposed minor changes to
the approved plans may be made subject to the prior approval of the Community
Development Director.
4. Prior to Zone Clearance, the Plans, “Exhibit A” shall be modified to show the retaining
wall located on City Property (within Parking District #1 adjacent to the westerly side of
the subject property) relocated onto the subject property line.
5. Any proposed minor changes-including but not limited to façade design and materials –
to the approved plans shall be submitted in writing with a clouded set of plans
highlighting the changes. No downgrading in the exterior appearance of the approved
residence will be approved by staff. Downgrades may include but are not limited to
garage doors, architectural detailing, stonework, columns, shutters, driveway materials,
etc. Proposed changes to the approved plans are subject to the approval of the
Community Development Director and may require review by the Planning Commission
6. The project shall use materials and colors as illustrated on the Finish Materials Board.
7. Prior to Final Building Permit the retaining wall shall be rebuilt in accordance with City
Standards as specified by the Public Works Department.
8. Four sets of complete construction plans incorporating this Resolution as a separate plan
page shall be submitted to the Building Division.
9. The proposed use shall at all times operate in compliance with all regulations of the City
and/or other agencies having jurisdictional authority over the use pertaining to, but not
limited to, health, sanitation, safety, and water quality issues.
10. The site plan shall contain a note with the following language: “Prior to foundation
inspection by the City, the LLS of record shall provide a written certification that all
building setbacks are per the approved plans.”
45
Resolution No. 12-033 Page 5
11. A stormwater retention plan shall be submitted to the City for review and approval
indicating how all storm water will be retained on-site to the maximum extent feasible,
and incorporating the New Development and Construction – Best Management Practices.
If not all stormwater can be retained on site, drainage in compliance with Condition 11
shall be included in the Building Permit Plans in a manner satisfactory to the Community
Development Director.
12. Post construction water quality mitigation shall be implemented in accordance with
measures found in the “Start at the Source – Design Guidance Manual for Stormwater
Quality Protection” prepared for the Bay Area Stormwater Management Agencies
Association.
13. Site drainage shall be dispersed across landscape or vegetated area and not allowed to
discharge as concentrated flow to Saratoga Creek.
14. A wooden sign as shown in the photograph presented by the Applicant to the Planning
Commission at the September 26, 2007 public Hearing and of the same style as the sign
for Village Square on Big Basin Way shall be constructed adjacent to the entrance to the
Sam Cloud Barn building near the bridge. This sign shall be in compliance with all
pertinent regulations of Article 15-30 of the Zoning Ordinance.
15. Prior to issuance of a Building Permit for the new structure the applicant/owner shall re-
stripe and install landscaping along the three parking spaces adjacent to the Sam Cloud
Hay and Feed Warehouse in Parking District # 3, as shown on sheet L-1 of the plans,
Exhibit “A”.
16. Prior to issuance of Zoning Clearance for the proposed tenant improvements, the
owner/applicant/tenant shall submit to and obtain approval from the Community
Development Department for a business license.
17. THIS CONDITION IS PERMANENT. Prior to issuance of the Building Permit, the
owner shall provide an access easement from the Sam Cloud Barn property owner for
access to this development as shown on the plans marked Exhibit “A” and the language
for the proposed access easement shall be subject to the prior approval of the Community
Development Director and the City Attorney. Once the language for the access easement
is approved by said City officials, the access easement shall be recorded with the County
recorder of the County of Santa Clara and an endorsed copy of such recorded document
shall be submitted to the City’s Community Development and Public Works
Departments.
PUBLIC WORKS
18. An Encroachment Permit issued by the Public Works Department is required for all
improvements in any portion of the public right-of-way or of a public easement.
19. The owner/applicant is responsible for all damages to curb/gutter, parking lot, and the
public street as a result of project construction. The Public Works Engineer will
determine if any repair is required prior to final occupancy approval.
46
Resolution No. 12-033 Page 6
20. Any existing sanitary sewer lateral proposed to be reused must be televised by West
Valley Sanitation District and approved by the City and the District before reuse.
21. The Project Geotechnical Engineer shall review and approve all geotechnical aspects
of the final construction plans for the barn expansion/supplemental addition (i.e. site
preparation and grading, site drainage improvements and design parameters for
building foundations, and retaining walls) to ensure that plans, specifications and
details accurately reflect the consultants’ recommendations. The results of the plan
review(s) shall be summarized by the Project Geotechnical Engineer in a letter(s) and
submitted to the City Engineer for review prior to issuance of permits.
22. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all
geotechnical aspects of 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 placement, and foundation
construction prior to placement of fill, steel and concrete. The consultant shall
specifically inspect construction of temporary shoring walls to confirm adequate
geotechnical stability of temporary slope support measures. The results of these
inspections and the as-built conditions of the project shall be described by the
geotechnical consultant in a letter and submitted to the City Engineer for review prior
to final (as-built) Project Approval.
23. The owner (applicant) shall pay any outstanding fees associated with the City
Geotechnical Consultant’s review of the project prior to Zone Clearance.
24. 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.
47
REPORT TO THE PLANNING COMMISSION
Application No. & Location: 07-233; 20640 Third Street
Type of Application: Design Review and Variance
Applicant/Owner: The Sam Cloud Barn L.P. (owner)
Staff Planner: Heather Bradley, Contract Planner
Meeting Date: September 26, 2007
APN: 503-24-073 Department Head:_____________
John F. Livingstone, AICP
20640 Third Street
48
EXECUTIVE SUMMARY
CASE HISTORY
Application filed: 01/25/07
Application complete: 09/05/07
Notice published: 09/12/07
Mailing completed: 09/06/07
Posting completed: 09/20/07
PROJECT DESCRIPTION
The applicant requests Design Review, and Variance approval to construct a new commercial
building next to the historic Sam Cloud Hay and Feed Warehouse (hereafter referred to as the
“barn”). The proposed structure is three stories with a basement. The street level is adjacent to
Third Street while the basement level will have an entry door adjacent to Parking District #1.
The total proposed square footage is approximately 3,798 square feet with an additional 1,142
square feet of basement area. The maximum proposed height is 30 feet. The building coverage is
50% of the site. The gross lot size is 2,378 square feet, and the site is located within the CH-1
zoning district. A Variance application is necessary to allow development because the lot has a
48-percent average slope.
PERMANENT CONDITIONS
No permanent conditions of approval are required.
STAFF RECOMMENDATION
Approve the Design Review, and Variance applications by adopting the attached Resolutions.
49
PROJECT DATA
ZONING: CH-1 - Commercial Historic District.
GENERAL PLAN DESIGNATION: CR - Retail Commercial/Village
MEASURE G: Not applicable.
PARCEL SIZE: 2,378 square feet
SQUARE FOOTAGE OF COMMERCIAL SPACE: 3,798 square feet (with an additional 1,142 square
feet of basement area)
AVERAGE SITE SLOPE: 48%.
GRADING REQUIRED: 338.5 cubic yards of cut (an additional 117 cubic yards of cut has already
been removed from the site to accommodate a retaining wall required to shore up the area around
the existing trash enclosures)
ENVIRONMENTAL DETERMINATION
The proposal is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 (c) New Construction or Conversion of Small Structures: “A store,
motel, office, restaurant or similar structure not involving the use of significant amounts of
hazardous substances, and not exceeding 2,500 square feet in floor area. In urbanized areas, the
exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet
in floor area on sites zoned for such use, if not involving the use of significant amounts of
hazardous substances where all necessary public services and facilities are available and the
surrounding area is not environmentally sensitive.”
PROPOSED EXTERIOR MATERIALS AND COLORS
The proposed colors and materials will be compatible with those found on the barn located on
the property next door. These include yellow siding in a shade darker than the barn, wood
trimmed windows painted white, a corrugated metal roof and exterior horizontal wood siding.
The existing retaining wall will be replaced and will have a stone veneer of a compatible historic
style. A color board will be available at the public hearing.
50
PROJECT DATA TABLE
Proposal Code Requirements
Building Site
Coverage
Impervious
Floor Area
New structure:
Building, patios/decks:
TOTAL:
Street Floor:
Ground Floor:
Sub-Ground Floor:
Basement:
TOTAL:
Proposed: 50%
1,266 sq. ft.
Proposed:
1,787 sq. ft. (70%)
1,266 sq. ft.
1,266 sq. ft.
1,266 sq. ft.
(1,142) sq. ft.
3,798 sq. ft.
Maximum Allowable: 80% =
2,228.00 sq. ft. max.
No Maximum: In commercial
zones the site coverage includes
structures only and places no
limitation on impervious
coverage.
No Maximum: The floor area is
limited only by the building
coverage limitation of 80% of
lot size and by the building
height limit of 35 feet.
Setbacks Minimum Proposed Minimum Requirement
For all structures
Front:
Rear:
North Side:
South Side:
0 ft.
0 – 5 ft. (varies)
0 ft.
0 - 5 ft. (varies)
No Minimum: There are no
setback requirements in the
CH-1 Zoning District.
Height in feet
I. Lowest elevation pt.
II. Highest elevation pt.
III. Average
IV. Topmost pt. of structure
V. Maximum height
I. 476.0
II. 505.9
III. 496.9
IV. 515.7
V. 30.0
Maximum Allowable:
35 ft.
PROJECT DISCUSSION
The applicants are proposing to construct a new commercial building on a vacant parcel located to the
south of the historic Sam Cloud Hay and Feed Warehouse (barn). The building will consist of
approximately 3,798 square feet of commercial retail and office space on three levels with a basement.
The structure has been designed to be compatible with the recently renovated historic barn as well as
the colors and materials of the barn. The uses of the tenant spaces within the proposed building have
not been established, however professional office and personal service businesses are permitted on the
lower floors and could be approved with a Conditional Use Permit on the street level. Retail could be
located on any level and restaurants would need a Use Permit to locate on any level.
51
History
The applicant initially filed the applications 0n January 25, 2007. The proposal was reviewed by the
Historic Preservation Commission (HPC) at their meeting of March 13, 2007. At that meeting the HPC
determined that the proposed project was consistent with the Secretary of the Interior Standards for
additions to historic structures and voted to recommend approval of the project. Since that meeting, the
project has been reduced in scope and size by approximately 1,800 square feet. The new structure is
now a separate building, no longer an addition to the barn. However, both of these changes are
consistent with what the HPC reviewed and staff has not required further HPC approval.
The Planning Commission has reviewed various plans at their Study Session meetings of May 22,
2007, July 11, 2007, and August 22, 2007. At each of the last two meetings the applicant presented
revised plans and received feedback and further direction from the Commission. The Commission had
initial concerns that the structure was too large and lacked adequate architectural articulation. The
architect has made several changes to the plans including; reducing the overall square footage,
recessing portions of the structure and creating both recessed balconies and overhanging balconies,
enlarging the windows, and adding an entry door into the basement level adjacent to the parking lot on
Fourth Street.
Correspondence and Neighbor Review
Staff has sent notices to all property owners within 500 feet of the site for each of the three Study
Sessions. Staff has received one letter of concern from the owner of the Inn at Saratoga. The letter is
attached to this report for reference. The primary concerns are of building mass and visual impacts to
this area of the Village, and lack of available parking. The applicant did obtain many letters from
neighboring and surrounding property owners and businesses on Big Basin Way in support of the
project. These have been attached for reference.
Parking and Circulation
The site is located in the Village Parking District # 3, although Parking District # 1 surrounds it on
three sides. The City of Saratoga has recently adopted a zoning text amendment, which relaxes all
parking requirements in the Village. This ordinance was adopted on January 18, 2006, and became
effective February 18, 2006. The new ordinance specifies that no off-street parking shall be required
for applications that are deemed complete between March 1, 2006, and February 28, 2009. This
amendment identifies a parking surplus that would accommodate either construction of 41,850 square
feet of new floor area or intensification of uses in the equivalent amount. So far five businesses and
new buildings have taken advantage of the relaxed parking requirements, which have utilized a total of
8,594 square feet of floor area, thus leaving 33,256 square feet remaining. With approval of this
project the remaining available square footage would be 27,824 square feet.
If this project were required to provide parking it is estimated that approximately 20 spaces would
need to be provided (purchased within the parking district) based on a mix of retail, office and storage
uses. If restaurant uses were proposed the required parking spaces would be more.
The applicants have proposed making some improvements to the parking area located to the south of
the barn adjacent to Third Street. This would include re-striping the three parking spaces at an
approximately 45-degree angle and providing a small landscape buffer adjacent to the barn and new
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building. Since the renovation of the barn is near completion, Staff has included a condition within the
attached Resolution that the proposed landscaping and re-striping be completed prior to issuance of
building permits for the new structure.
Trash Enclosures
Two existing trash containers are located at the ground level adjacent to the site on City owned
property. These are enclosed within two concrete block structures with wood slatted gates. The
applicants are proposing to change the gates to a solid wood appearance.
Geotechnical/Grading
The project has obtained a geotechnical clearance with conditions that have been added in the
Resolution for this project. The project proposes a total cut of 338.5 cubic yards, which includes
excavation of the basement. An additional 117 cubic yards of cut has already been removed from the
site to accommodate a retaining wall that was required to shore up the area around the existing trash
enclosures.
Arborist Review
The City Arborist has not reviewed this application. There is one tree located in the far southwesterly
corner of the site that will be retained.
Landscaping
Proposed landscaping consists of trailing flowers located behind the proposed retaining wall, potted
annuals on the patio and small shrubs and flowering plants near the front entrance facing Parking
District # 3 off of Third Street.
Green Building Techniques
The applicant proposing green building materials such as; insulated concrete with byproduct fly ash
(less waste), engineered wood and/or Forestry Certified wood (sustainibly managed and harvested),
zero-VOC paint, low-VOC adhesive, energy efficient windows and insulation. The project will be cut
into the hillside so that the lower floors can take advantage of passive insulation and the building is
somewhat oriented in the east-west direction to take advantage of solar exposure. The applicant will
have a Green Building Techniques list available at the Public Hearing.
VILLAGE PLAN AND VILLAGE DESIGN GUIDELINES CONFORMITY
The City adopted the Saratoga Village (Specific) Plan in 1988 to encourage future development in the
Village while protecting its historical significance. The following are objectives stated in that plan that
are pertinent to this project:
• Encourage new buildings and renovations that are harmonious with adjacent buildings
and with the existing Village design context as a whole, and as examples of design
excellence.
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• Adhere to the Village character of visual simplicity, depend on materials and the
placement and articulation of basic architectural elements (e.g. windows and doors, open
spaces, rooflines, etc.) for their visual interest rather than on surface ornamentation or the
arbitrary imposition of stylistic elements.
• One material, color and texture should be used for the whole façade and for any side
walls that will permanently or for any extended period be seen from public rights-of-way
or from neighboring properties, excepting that different materials, colors and textures
may be used for architectural details.
• Where possible, the materials and colors of the new buildings should be compatible with
adjacent existing buildings.
• Where possible, the forms of the new building (e.g., roof lines, elevation and rhythm or
windows, etc.) should be compatible with adjacent existing buildings.
In response to the objectives of Village (Specific) Plan, the City adopted the Village Design
Guidelines in 1991 to assist the City in carrying out many of the policies and goals of the Village
(Specific) Plan. The following objectives of the Village Design Guidelines are pertinent to this
project.
• To encourage new construction and renovation of existing buildings that is compatible
with adjacent buildings with the Village design context as a whole, and as examples of
design excellence.
• Acceptable materials and textures include: horizontal wood siding, smooth finish brick,
stucco with a light finish and painted surface, transparent glass, natural river rock or
stone, anodized metal, treated with an attractive finish, tile with a matte finish, concrete
textured or painted to reduce the massive appearance, architectural details in wood or
caste plaster, wood window frames and moldings, painted steel sash or anodized metal.
Staff finds that this proposal is consistent with the objectives stated above in that: the proposed design
is harmonious with adjacent buildings and the Village as a whole, the bulk and massing of the building
is consistent with that of neighboring buildings and some of the larger buildings found in the Village.
The proposed materials and colors, as well as window and door spacing are consistent with the
objectives of harmony, compatibility, visual simplicity and architectural interest without being overly
stylistic. The wide shiplap siding, wood trim and double hung windows are compatible with materials
found on other historic structures in the vicinity and on buildings throughout the Village. The building
takes advantage of windows and recessed balconies to provide visual breaks rather than exterior
embellishments.
GENERAL PLAN FINDINGS
Approval of the proposed project would be consistent with the following General Plan Goals and
Policies as discussed below:
• Land Use Policy LU 7.1: The City shall consider the economic impacts of all land use
decisions on the City.
The project proposes to locate a commercial building on the site with approximately 1,266 square feet
of retail on the street level and approximately 2,532 square feet of other areas that could be used for
office, personal services or retail. The mix of retail and office use will help the Village by bringing in
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more people to work, shop and dine. The project will further offer an economic benefit by creating
commercial space on a vacant parcel.
• Area Plan J - The Village - Guideline # 7: Encourage development of types of
establishments with structures designed to maintain a ‘country’ atmosphere. All new
structures in the Village should be designed to promote an historic area of the City.
The architectural style of the proposed building is in keeping with the historic nature of the Village
and is designed to be compatible with the Sam Cloud Hay and Feed Warehouse as well as the more
contemporary Inn at Saratoga. The metal roof, wood siding and wood trim windows lend to this
historic feel.
DESIGN REVIEW
The proposed structure is designed to be architecturally similar in style to the existing barn, which was
built as a warehouse for the Cloud-Smith General Store building, now occupied by Harmony Day spa and
Bella Saratoga restaurant. The proposed structure is designed with wide shiplap siding; enclosed
balconies with wood railings, a corrugated metal roof, wood trim double hung windows, glass doors and
stone veneer on the proposed retaining wall.
DESIGN REVIEW FINDINGS FOR MULTI-FAMILY AND COMMERCIAL
STRUCTURES
The proposed project supports the findings for Design Review approval subject to City Code 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. This proposal is only for one
commercial building, however the development is designed to minimize interference with
views and privacy to adjacent properties. The building is stepped down the hillside from
the adjacent barn and is also at a lower elevation than the Inn and other buildings in the
vicinity. The structure will not be visible from Big Basin Way because it is located
behind the Bella Saratoga and Harmony Spa building. It will also have limited visibility
from Fourth Street, but will be partially visible from the Third Street parking area in
District #3 and also from the lower Inn parking lot adjacent to Saratoga Creek and the
District #1 parking lot. The project proposes maintaining some existing vegetation in the
far south corner of the lot as well as adding new landscaping in small areas around the
structure. The structure is designed in a similar style and with similar materials as other
historic structures in the Village, especially resembling the Sam Cloud Hay and Feed
Warehouse, with horizontal shiplap siding, similar colors and metal roof. Therefore, 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 proposal does not include any signage. Future signage will be required
to meet the City sign code requirements and Village Design Guidelines. Therefore, this
finding can be in the affirmative.
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(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. There is very little existing landscaping on the property. The applicants intend to
retain the one tree located at the southerly corner of the site. New landscaping will be
planted in areas at the front, adjacent to the parking lot, at the back adjacent to the
retaining wall and the side around the proposed patio. Therefore, 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 proposed colors and materials will blend with the natural landscape
and be non-reflective. Further, the use of colors, materials and detailing add interest and
articulation to the buildings. Therefore, 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 proposed structures will
use a metal roof similar to the roof on the existing historic barn next door. No
mechanical equipment is proposed on the roof. Therefore, this finding can be made in the
affirmative.
(f) The proposed development shall be compatible in terms of height, bulk and design with
other structures in the immediate area. The proposed project will be compatible with
other developments in the Village. The area is mostly comprised of two and three-story
structures of approximately the same height and bulk. While the architectural styles vary
this proposal will be compatible. Therefore, this finding can be made in the affirmative.
VARIANCE
Pursuant to City Code 15-19.020 (d), the average slope beneath a structure shall not exceed 30-percent
slope and no structure shall be built upon a slope that exceeds forty- percent natural slope at any
location under the structure between two five-foot contour lines. The average site slope of the property
is 48-percent, therefore, the Variance application is necessary to allow any structure to be built on this
parcel.
VARIANCE FINDINGS
The proposed project is supported by the findings for Variance approval subject to City Code 15-
70.060:
(a) That because of special circumstances applicable to the property, including size, shape,
topography, location or surroundings, strict enforcement of the specified regulations
would deprive the applicant of privileges enjoyed by the owners of other properties in the
vicinity and classified in the same zoning district. Due to the steep topography of the site,
construction of any structure would not be possible without the granting of a Variance
and the property is a legal lot of record. Staff has determined that the structure is
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consistent with all of the Design Review findings and that denying the development due
to slope would be an undue hardship and deprive the applicant privileges enjoyed by
other property owners and businesses in the vicinity. Therefore, 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 imitations on other properties in the vicinity and classified in the
same zoning district. Granting of this Variance request would not be a grant of special
privilege in that many of the buildings in this part of the Village would have been
developed on properties with a similar slope at a time that predates City Zoning Code
regulations. Therefore, this finding can be made in the affirmative.
(c) That the granting of the variance will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity. The granting
of this Variance would not be detrimental to the public health, safely or welfare or
materially injurious to properties or improvements in the vicinity. The building will be
required to meet the current California Building Code Standards and has received a
Geotechnical Clearance conditions that will be met. Therefore, this finding can be made
in the affirmative.
CONCLUSION
Staff finds that all of the Design Review and Variance findings can be made in the affirmative and the
proposal is consistent with the General Plan.
STAFF RECOMMENDATION
Staff recommends the Planning Commission find that this Application is not subject to CEQA review
and approve the request for Design Review and Variance approval by adopting the attached
Resolutions.
ATTACHMENTS
1. Resolution of Approval –Design Review & Variance
2. Statement of Variance findings submitted by the Applicant dated August 29th, 2007
3. Minutes from Heritage Preservation Commission meeting of March 13, 2007
4. Correspondence from Mr. Kwan Lee, Proprietor of the Inn at Saratoga dated May 22, 2007
5. Neighbor Notification forms
6. City of Saratoga Notice, Noticing Affidavit, and Noticing Labels
7. Plans, Exhibit "A"
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REPORT TO THE
PLANNING COMMISSION
Meeting Date: July 25, 2012
Application: Design Review PDR11-0030 / Use Permit
CUP12-0004 / Tentative Map SUB12-0004
Location / APN: 14639 Big Basin Way / 503-25-013
Owner / Applicant: Zambetti / Metro Design Group
Staff Planner: Michael Fossati
14639 Big Basin Way
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SUMMARY
ZONING GENERAL PLAN DESIGNATION
Commercial-Historic 2 (CH-2) Commercial Retail (CR)
PARCEL SIZE AVERAGE SLOPE
16,852 square feet (net lot size) 18.3%
GRADING REQUIRED
732 cubic yards (694 c.y. of cut and 38 c.y. of fill)
PROJECT DESCRIPTION:
The applicant is requesting design review and conditional use permit approval to construct a
mixed-use project that includes, one two-story commercial building (1,097 sq. ft. on the first
floor and 1,754 sq. ft. on the second floor), a four-car attached garage, and two residential
townhomes. Each townhouse will be approximately 1,400 sq. ft. in size, not including an
approximate 700 sq. ft. basement. The applicant is also requesting tentative map approval to
subdivide the existing parcel into three parcels for condominium purposes.
STAFF RECOMMENDATION:
Adopt Resolution No. 12-033 approving the project subject to conditions of approval.
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PROJECT DATA
Net Lot Size:
16,852 sq. ft.
Proposed Allowed
Density 3 units 8 units
Floor Area
Townhouse #1:
Townhouse #2:
Commercial Building:
Garage:
Total
1,409 sq. ft.
1,392 sq. ft.
2,852 sq. ft.
804 sq. ft.
6,457 sq. ft.
Floor Area not limited.
The City may impose no
condition limiting the
percentage of the total
allowable residential floor
area on a mixed-use site to
less than or equal to fifty
percent.
Proposed Building Coverage *
3,370 sq. ft. (20%)
60% Maximum
Pedestrian Open Space 11,155 sq. ft. (67%) 20% Minimum
Setbacks
Front:
Left Side:
Right Side:
Rear:
15’
1’
5’1”
119’
15’
No setback required
No setback required
No setback required from
top bank of creek
Height (Office/Commercial)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
516.40’
517.60’
517.00’
543.00’ (26’)
Maximum Building
Height is 543.00’
(26 Feet)
Height (Garage)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
515.60’
516.40’
516.00’
542.00’ (26’)
Maximum Building
Height is 542.00’
(26 Feet)
Height (Townhomes)
Lowest Elevation Point:
Highest Elevation Point:
Average Elevation Point:
Proposed Topmost Point:
507.40’
515.40’
511.40’
537.40’ (26’)
Maximum Building
Height is 537.40’
(26 Feet)
* Commercial Districts only limit site coverage with structures, not with paving or impervious surfaces.
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PROJECT ENTITLEMENTS
This project includes applications for the following entitlements:
Design Review
Pursuant to City Code Section 15-46.020(a)(1), any new structure within the CH-2
district requires design review approval from the Planning Commission. The mixed-use
project includes three new buildings (one retail/commercial building with an attached
garage and two residential townhomes).
Conditional Use Permit
Pursuant to City Code Section 15-19.050(b)(4), a mixed-use development may be
allowed if the project conforms to the Mixed-Use Development standards of City Code
Section 15-58.020, via conditional use permit approval. The project conforms to the
applicable standards for mixed-use developments.
Tentative Map
Pursuant to City Code Section 14-20.060, the Planning Commission shall conduct a
public hearing on an application for tentative subdivision approval. The applicant is
requesting the subdivision of an existing vacant parcel into three new parcels. The parcel
specifications are as follows:
• Parcel 1 (5,739 sq. ft.) – Commercial/retail building, garage, common driveway
and walkways
• Parcel 2 (5,624 sq. ft.) – Townhouse #2, associated walkways and rear open space
/ landscaping
• Parcel 3 (5,489 sq. ft.) – Townhouse #1, associated walkways and rear open space
/ landscaping
The attached resolution lists conditions of approval that must be met prior to recordation
of a final map. Those conditions include, but are not limited to, an open space/trail
easement along Saratoga Creek at the rear of the property and required park-in-lieu fees.
Background
The mixed-use project was previously reviewed in 2007. The project consisted of a
similar mixed-use development, which included a two-story commercial building (and
basement) in the front of the property, a three-car carport, and two residential apartments.
The project received design review and conditional use permit approval in May 2007, but
was appealed. The project was presented to City Council in July 2007, where the appeal
was denied and Planning Commissions approval was confirmed. The applicant never
applied for the required building permits and the entitlements expired in July 2010.
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SITE AND PROJECT CHARACTERISTICS
Site Description
The 0.39 acre site is a vacant lot within the Village, less than a half-mile west of Highway 9 /
Saratoga-Sunnyvale Avenue / Big Basin Way intersection. The property is adjacent to
multi-family townhomes to the west and attorney offices within a simple farmhouse to the
east. To the south of the project lies the entrance to 6th street from Big Basin Way. On the
northern boundary lies Saratoga Creek.
Architectural Style
The new commercial building is accentuated by a cross-gable metal roof structure, a
combination wood shingle and 6” horizontal wood siding exterior, aluminum framed divided
lite windows, iron-powder coated railings and handrails, and custom carriage garage doors.
The residential townhomes are designed similar to the commercial building, with the
exception of the exteriors being completely constructed of horizontal siding. Those units will
have rear patios and decks, wrapped around with coated railings.
Brick planters would decorate the front setback area of the commercial property, creating a
small-scale pedestrian open space. The driveway and associated walkways would be
constructed of interlocking pavers. A decorative trellis structure covers a portion of the front
driveway.
The colors include off-white walls, windows and doors. The roof color would be a metal
‘Galvalume’ matte finish, while the railings and handrails would be painted black. A color
and material board will be available at the public hearing.
Detail Colors and Materials
Building Ext. Off-white – Combination Wood Shingle and Horizontal Wood
Siding.
Windows White - Aluminum Framed w/ divided lites.
Garage Door White – Custom ‘Carriage’ style.
Roofing Silver ‘Galvalume’ Matte Finish – Metal
Railings /
Handrails Black - Iron-Powder Coated
Landscaping
The project is proposing the planting of rhododendrons and irises along the western property
line and underneath the two existing oaks within the front setback. An assortment of
annual flowers will be planted within a planter box near the proposed driveway.
Pittosporums are proposed along the eastern property line. The existing 15 protected trees
are to remain on site, with a majority of those trees located at the rear of the property.
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Mixed-Use Development Standards
Per City Code Section 15-19.050(b)(4), mixed-use development is allowed as a conditionally
permitted use, as long as the project conforms to the mixed-use development standards as
described below:
a) The proposed density does not exceed 20 dwelling units per acre.
b) The dwelling units are located at the rear of the site.
c) The dwelling units do not comprise more than 50 percent of the total floor area of all
buildings onsite, unless an exception is approved by Planning Commission.
d) The project meets the parking requirement established by City Code.
e) Proposed fencing complies with the maximum height standards.
f) Each dwelling unit has a private, usable outdoor space (balcony and patio).
g) The maximum height of the proposed structures is within the height limits of the
applicable zoning district.
h) The overall site coverage is within the coverage limits of the applicable zoning
district.
i) The mixed-use project does not abut single-family residential land uses, therefore,
sound walls or landscape screening is not required.
j) The residential component of the mixed-use project will be rental or owner-occupied.
k) The project is multi-story and has been designed to provide adequate privacy
protection to the adjacent neighbors.
l) The project applicant will be required to pay a park-in-lieu fee, established pursuant
to Section 14-25.080 of the City Code.
The project applicant has met all of the above requirements.
Saratoga Village Specific Plan and Village Design Guidelines
The Saratoga Village Specific Plan (adopted May 1988) and associated Saratoga Village
Design Guidelines (adopted January 1991) both provide goals and objectives used to guide
new development in the Village. Per City Code Section 15-19.010 (g)(2), new development
should “preserve and enhance the architectural and landscape quality of the Village.” Per
the Village Guidelines, new construction should be “compatible with adjacent buildings,
with the Village design context as a whole, and as an example of design excellence.”
The applicant has met these objectives by putting forward a project that incorporates
historical features of the Village with modern construction features and technologies, such as
a metal roof and pervious pavers. The project does not overshadow adjacent buildings and
uses, but rather compliments and promotes the historical and small-scale pedestrian character
of the Village. The project applicant has met the requirements of the Village Plan and
Design Guidelines.
Traffic Analysis
Per Action Item 2.7 of the City of Saratoga’s Circulation Element, the City will require a
transportation analysis for all development projects resulting in 25 or more net new peak-
hour trips. Staff has reviewed the proposed project using the Institute of Transportation
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Engineers (ITE) Trip Generation Handbook (7th Edition), and has determined the proposed
project will generate 9.58 net new peak-hour trips as demonstrated below:
Proposed use
Average rate per PM peak hour †
Specialty Retail (1st Floor) 5.52
General Office (2nd Floor) 3.02
Low-Rise Townhomes 1.04
Total 9.58 net new peak-hour trips
Parking
Per City Code Section 15-35.020(k) (i.e. Village Surplus Parking), no off-street parking is
required for new, altered or enlarged structures in the Village until a total of 41,850 sq. ft. of
new gross floor area has been actively approved for construction in the C-H zoning district.
To date, there is currently 18,452 sq. ft. of newly constructed floor area approved and
constructed in the Village without accommodating for off-street parking.
The applicant has proposed five off-street parking spaces (four parking spaces within the
proposed garage and one uncovered parking space). The proposed parking meets the
required parking for the proposed townhomes.
Per City Code Section 15-35.020 (k)(2), the remaining new construction (2,852 sq. ft. for the
commercial building) must be deducted from the surplus parking discussed above in order to
comply with the required parking standards of the City. Since the existing surplus (21,304
sq. ft.) is greater than the amount required (2,852 sq. ft.) for the project, the applicant has met
their required off-street parking. The square footage to be deducted from the surplus equates
to six parking spaces.
Pedestrian Open Space
Per City Code Section 15-58.020(g), twenty percent (or 3,370 sq. ft.) of the net site area must
be devoted to pedestrian open space. The applicant has proposed approximately 11,155 sq.
ft. of pedestrian open space, including, but not limited to, benches in the front setback, patios
in the front and rear and a trail easement along Saratoga Creek in the rear of proposed Parcel
2 and 3.
Arborist Review
Per City Code Section 15-50.130, an arborist report shall be required for any application for
discretionary development approval that would require the removal or encroachment of one
or more protected trees. There are 15 trees protected by City Code that were inventoried by
the City Arborist for this project. No trees have been requested for removal. The City
† Per 1,000 sq. ft. of gross leasable area. See Trip Generation, 7th Edition. PM peak hour is between the
hours of 4:00pm and 6:00pm
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Arborist has drafted a report establishing conditions required to protect the trees onsite.
Those conditions include a security deposit of $46,850 and appropriate tree fencing.
Geologist Review
Per City Code Section 15-46.030 (a)(3), the Community Development Department has the
authority to request additional exhibits or information. Due to the proposed project location
and basement construction, the City requested the applicant apply for Geotechnical
Clearance. The project obtained geotechnical clearance with conditions. Those conditions
have been included within the resolution.
ADDITIONAL INFORMATION
Energy Efficiency
Multi-family dwellings require a minimum score of 50 points via a Build-it-Green
GreenPoint rated checklist (City Code Section 16-47.040 (a)). The project (as shown) has
scored 119 points. The energy efficient features include insulated concrete, engineered
wood, recycled decking, bamboo flooring, low-VOC paints and adhesives, photo-sensitive
and LED exterior lighting, double-pane Low-E windows and doors, and energy star
appliances.
The builder of the commercial building shall submit verification by the City Building
Official that the building design will be fifteen percent more energy efficient than required
by Part 6 of Title 24 of the California Code of Regulations using a State of California
adopted performance method, as approved by the State Energy Commission (City Code
Section 16-47.040 (b)). Title 24 documentation is normally completed after a planning
entitlement is granted and before the building department submission.
In regards to energy efficient design, the project takes advantage of the east-west orientation
along its length, which allows greater solar benefit from the sun, while the lower floors of the
townhome units are gently set into the hillside, which will assist in taking advantage of
passive insulation.
Neighbor Correspondence
The applicant submitted neighbor notification forms from ten neighboring property owners.
There comments are in support of the proposed project.
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 (other than what was
discussed above) regarding the project.
TENTATIVE MAP FINDINGS
The findings required for issuance of a Tentative Map Approval pursuant to City Code
Section 14-20.070 are set forth below. The Planning Commission shall not approve any
tentative map or building site if the applicant is unable to meet any of the following specific
conditions:
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(1) That the proposed map or building site is not consistent with the General Plan and any
applicable specific plan. The proposed map and building site are consistent with the
General Plan, the Mixed-Use Development Standards, and the Saratoga Village Plan. The
project conforms to each of the required development standards, as outlined per City Code
Section 15-58.020, including, but not limited to, density, commercial use located along
ground floor, usable open space, parking, and height. This finding can be made in the
affirmative.
(2) That the design or improvement of the proposed subdivision or building site is not
consistent with the General Plan and any applicable specific plan. The proposed
subdivision and building site has been designed to meet the requirements of the City Code,
which reflects the policies of the General Plan and Saratoga Village Plan. The project is
proposed to be developed with a look that is consistent with the historic character and fabric
of the community. The proposed lot sizes, access, and building envelopes meet the City
Code requirements. This finding can be made in the affirmative.
(3) That the site is not physically suitable for the type of development proposed. The
proposed site is physically suitable for mixed use development because the lot is vacant, the
proposed construction is less than 10,000 square feet, and the property is located within an
urbanized area. The building envelopes are setback greater than 50 feet from the top bank of
Saratoga Creek. This finding can be made in the affirmative.
(4) That the site is not physically suitable for the proposed density of development. The
maximum allowable density of the proposed site is eight dwelling units, per the City Code.
The applicant is proposing three dwelling units, which is less than the maximum allowed.
This finding can be made in the affirmative.
(5) That the design of the subdivision or building site or the proposed improvements are
likely to cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat. Saratoga Creek is located to the rear of the proposed site.
The proposed subdivision includes a building envelope which is located 144 feet from the
top bank of that creek. The proposed design and improvements will not cause substantial
environmental damage or injury to wildlife. This finding can be made in the affirmative.
(6) That the design of the subdivision or building site or type of improvements is likely to
cause serious public health or safety problems. The design of the subdivision meets all
local requirements and standards and will not cause public health or safety problems. This
finding can be made in the affirmative.
(7) That the design of the subdivision or building site or type or improvements will conflict
with easements, acquired by the public at large, for access through or use of property
within the proposed subdivision or building site. In this connection, the advisory agency
may grant tentative approval if it finds that alternate easements, for access or for use, will
be provided, and that these will be substantially equivalent to ones previously acquired by
the public. This subsection shall apply only to easements of record or to easements
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established by judgment of a court of competent jurisdiction and no authority is hereby
granted to the advisory agency to determine that the public at large has acquired
easements for access through or use of property within the proposed subdivision or
building site. The design of the subdivision does not conflict with existing easements, but
rather, will result in a new pedestrian access easement along Saratoga Creek to continue an
existing trail along the southern bank of Saratoga Creek. This finding can be made in the
affirmative.
(8) That a proposed subdivision of land which is subject to a contract executed pursuant to
the California Land Conservation Act of 1965 (The "Williamson Act") will result in the
creation of parcels of insufficient size to sustain their agricultural use, except as otherwise
provided in Government Code Section 66474.4. The property within the proposed project is
not in contract pursuant to the California Land Conservation Act of 1965, also known as the
“Williamson Act”. This finding can be made in the affirmative.
(9) That the discharge of waste from the proposed subdivision or building site into an
existing community sewer system would result in violation of existing requirements
prescribed by a State regional water quality control board pursuant to Division 7
(commencing with Section 13000) of the State Water Code. The project has been reviewed
by the West Valley Sanitation District. Their review included appropriate measures required
to properly dispose of waste that would not violate the existing requirements prescribed by
the State regional water quality control board. This finding can be made in the affirmative.
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:
(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 mixed-use
development is located in the Village commercial district and is designed to blend in
with the existing structures located nearby, such as the existing townhome
development to the west and American national folk style house to the east. The
project is consistent with the goals in the Village Guidelines by proposing a
compatible structures with existing adjacent buildings, integrating the Village design
context of preserving and improving small-scale pedestrian character into the project,
and increasing the use of landscaping, street furniture, and ornamental paving
adjacent to Big Basin Way. The commercial structure at the front of the lot is
designed with a porch that wraps around the building, with pervious pavers that
match the porch areas of the proposed townhouses. The exterior finishes, windows,
and standing seem metal roof will all be consistent with all three buildings. 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
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harmonious in appearance. The proposal does not include any signage. Future
signage will be required to meet the City sign code requirements and the Village
Design Guidelines. 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. This finding can be met because the applicant has proposed to
leave the majority of existing rear landscaping untouched. Landscaping within the
front of the lot includes preserving the two existing oak trees, while planter boxes
and shrubs will be planted along the eastern and western property line. The proposed
rhododendron and pittosporum are both drought-tolerant, while the proposed
groundcover does not need any water.
(d) Colors of wall and roofing materials shall blend with the natural landscape and be
nonreflective. The colors and materials would blend with the natural landscape
because the proposed color tones are different shades of gray, within the color
spectrum of properties nearby. Although metal, the proposed roof will be non-
reflective. 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
proposed structures would use a metal roof. The proposed roof is non-reflective and
in a color tone similar to the proposed wood shingle siding along the front elevation
and horizontal wood siding along the sides. The applicant does not proposed
mechanical equipment on top of the roof, so screening will not be required. This
finding can be made in the affirmative.
(f) The proposed development shall be compatible in terms of height, bulk and design
with other structures in the immediate area. The proposed project would be
compatible with other developments in the Village because the nearby area is mostly
comprised of two-story structures with similar heights and bulks. Even though there
is no consistent architectural theme along Big Basin, the proposed project is
compatible with newer projects in the Village, such as the Sam Cloud Barn and the
project at 14651 Big Basin Way. This finding can be made in the affirmative.
CONDITIONAL USE PERMIT FINDINGS
The findings required for issuance of a Conditional Use Permit Approval pursuant to City
Code Section 15-55.070 are set forth below and the Applicant has met the burden of proof to
support making all of those required findings:
(a) That the proposed location of the conditional use is in accord with the objectives of
the Zoning Ordinance and the purposes of the district in which the site is located.
This finding can be met because the, per the City Code, the City encourages
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“preservation and enhancement of the small-scale pedestrian character of the Village
to make the area more inviting to potential shoppers and diners”, “preservation and
enhancement of the architectural and landscape quality of the Village”, and
“encouragement of a town center mix of specialty shops, restaurants, convenience
shops, services and residences”. The proposed development would preserve and
enhance the pedestrian environment by providing an aesthetically pleasing,
pedestrian scale building and structures while preserving the existing native trees on
the property, more specifically, the two large oaks in the front. The architectural
style of the buildings are consistent with Saratoga history of quality architecture
while providing a subtle transition of greater retail uses along the east end of the
Village with more residential uses along the west end. This finding can be made in
the affirmative.
(b) That the proposed location of the conditional use and the conditions under which
it would be operated or maintained will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity. This finding can be met because the project has been reviewed and
conditioned by the required departments. The proposed development would not be
detrimental to public safety, as it will comply with all application local and state
regulations. This finding can be made in the affirmative.
(c) That the proposed conditional use will comply with each of the applicable
provisions of this Chapter. This finding can be made because appropriate conditions
have been placed on the required use permit to ensure compliance to City Code
requirements. Any intensification of the proposed use would require an amended
Conditional Use Permit application. This finding can be made in the affirmative.
(d) That the proposed conditional use will not adversely affect existing or anticipated
uses in the immediate neighborhood, and will not adversely affect surrounding
properties or the occupants thereof. This finding can be made because the proposed
development has the potential of attracting a greater customer base to the City’s
commercial district and the Village. Additionally, the residential component at the
rear will increase the density of the Village, which will increase the customer base
for existing and future businesses within the City. The project would not adversely
affect surrounding properties because the applicant has provided sufficient parking
amenities for the potential home owners. This finding can be made in the
affirmative.
ENVIRONMENTAL DETERMINATION: The project is Categorically Exempt from the
Environmental Quality Act (CEQA) pursuant Section 15303, 15315 and 15332 of the Public
Resources Code. Section 15303 allows “new construction or conversion of small
structures”, which, in an urbanized area, applies to up to four commercial buildings, not
exceeding 10,000 square feet, as long as the building are not involved with the use of a
significant amount of hazardous substances, where all necessary public services and facilities
are available and the surrounding area is not environmentally sensitive. Section 15315
allows “the division of property within an urbanized area zoned residential or commercial
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13
into four or fewer parcels, when the division is in conformance with the General Plan and
zoning, no variances or exceptions are required, all services and access to the proposed
parcels to local standards are available, the parcel is not involved in a division of a larger
parcel within the previous two years, and the parcel does not have an average slope greater
than 20 percent”. Section 15332 allows “projects characterized as in-fill development
meeting conditions, such as, conformance with the applicable general plan designation and
all general plan policies, zoning designation, and regulations”. The project is proposing new
construction of one commercial building and two residential buildings (a total of three
buildings), the subdivision of three parcels, all within an urbanized area, consistent with
general plan, zoning policies and regulations. The project sponsor has not requested any
variance or exception for the proposed entitlements.
STAFF RECOMMENDATION
Adopt Resolution No. 12-033 approving the project subject to conditions of approval.
ATTACHMENTS:
1. Resolution of Approval – 14639 Big Basin Way
2. Arborist Report – Dated 6/21/2012
3. Geotechnical Clearance Memo – Dated7/19/2012
4. Neighbor Notification Forms – 14639 Big Basin Way
5. Build-it-Green Checklist – 14639 Big Basin Way
6. Public hearing notice, mailing addresses, and map for project notification
7. Reduced Plans, Exhibit "A.”
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RESOLUTION NO. 12-033
Attachment 1
A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION
APPROVING THE DESIGN REVIEW (PDR12-0011), CONDITIONAL USE PERMIT
(CUP12-0004) AND TENTATIVE SUBDIVISION MAP (SUB12-0004)
LOCATED AT 14639 BIG BASIN WAY
WHEREAS, on May 17, 2012, an application was submitted by Tom Sloan on behalf of
the owner Eugene Zambetti, requesting design review, conditional use permit, and tentative
subdivision approval to construct a mixed-use commercial unit, two residential townhomes, and
an associated parking garage, located at 14639 Big Basin Way (APN 503-23-013). The property
is located within the Commercial Historic 2 (CH-2) Zoning District. The foregoing work is
described as the “Project” in this Resolution; 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 one commercial
unit and two residential townhomes; and
WHEREAS, a Maintenance Association will be formed to maintain both land and the
buildings; and
WHEREAS, on July 25, 2012, the Planning Commission held a duly noticed public
hearing on the subject application, and considered evidence presented by City staff, the
applicant, and other interested parties. All comments on the proposed project were raised during
the public comment period and at the Public Hearing on the Project and 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.
Section 2: The project is consistent with Saratoga General Plan Land Use Element Policy
5.4, in that through the development review process; ensure that adjoining neighborhoods are
protected from noise, light, glare and other impacts resulting from new or expanded non-
residential development, and Land Use Element Policy 5.2 in that development proposals shall
be evaluated against City standards and guidelines to assure that the related traffic, noise, light,
appearance, and intensity of the proposed use have limited adverse impact on the area and can be
fully mitigated.
Section 3: The project is consistent with the Saratoga City Code, Saratoga Village Plan
and Saratoga Village Design Guidelines in that the design and improvements of commercial and
multi-family structures utilize harmonious architectural features; that the proposed landscaping
shall make use of water-conserving plants, materials and irrigation systems to the maximum
extent feasible; that the colors of wall and roofing materials blend with the natural landscape and
be nonreflective; and that the proposed development be compatible in terms of height, bulk, and
design with other structures in the immediate area.
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Resolution No. 12-033 Page 2
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 6: The City of Saratoga Planning Commission hereby approves applications
PDR12-0011, CUP12-0004, and SUB12-0004, for the project located at 14639 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 25th day of
July 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Tina K. Walia
Chair, Planning Commission
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Resolution No. 12-033 Page 3
EXHIBIT 1
CONDITIONS OF APPROVAL
PDR12-0011, CUP12-0004, & SUB12-0004
14639 BIG BASIN WAY (503-25-013)
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, or grading
for this project shall be issued until proof is filed with the city that a certificate of approval
documenting all applicable permanent or other term-specified conditions has been recorded
by the applicant with the Santa Clara County Recorder’s office in form and content to 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. 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).
4. 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.
5. 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. 12-033 Page 4
COMMUNITY DEVELOPMENT
6. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans dated June 25, 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 4, above.
7. 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.
8. Cultural Resources. If archaeological or cultural resources or human remains are discovered,
the following conditions shall be implemented.
• 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.
• 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.
• 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.
• 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
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Resolution No. 12-033 Page 5
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.
• 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.
C
ITY ARBORIST
9. Compliance with Tree Regulations and City Arborist Report. All requirements in the City
Arborist Report dated June 21, 2012, are hereby adopted as conditions of approval and shall
be implemented as part of the Approved Plans.
CITY GEOLOGIST
10. Compliance with Geotechnical Clearance and City Engineer. All requirements in the
Geotechnical Clearance memorandum dated July 19, 2012, and all other conditions, as
specified by the City Geologist are hereby adopted as conditions of approval and shall be
implemented as part of the Approved Plans.
11. The Project Geotechnical Engineer shall review and approve all geotechnical design
aspects of the final detailed site construction plans (i.e., site preparation and grading,
drainage improvements, and design parameters for the proposed foundations and retaining
walls) to ensure that geotechnical recommendations have been properly incorporated.
12. The geotechnical consultant shall inspect, test (as needed), and approve all geotechnical
aspects of project construction. The inspections should include, but not necessarily be
limited to: site preparation and grading, site surface and subsurface drainage
improvements, and excavations for foundations and retaining walls prior to the placement
of steel and concrete. The consultant shall perform a final inspection of completed project
drainage improvements and confirm compliance with geotechnical standards.
The results of these inspections and the as-built conditions of the project shall be described
by the Project Geotechnical Engineer in a letter and submitted to the City Engineer for
review prior to final (as-built) project approval.
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Resolution No. 12-033 Page 6
PUBLIC WORKS
13. 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.
14. 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 pollutants from being washed into creeks and storm drains.
15. The applicant shall dedicate a private storm drain easement associated with the proposed storm
drain system. The storm drain easement shall be shown on the Final Map. Maintenance of the
torm drain system shall be recorded either on the Final Map or by a separate document
eferenced on the Final Map.
s
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16. 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:
• One copy of map checking calculations.
• Preliminary Title Report for the property dated within ninety (90) days of the date of
submittal for the Final Map.
• One copy of each map referenced on the Final Map.
• One copy of each document/deed referenced on the Final Map.
• One copy of any other map, document, deed, easement or other resource that will facilitate
the examination process as requested by the City Engineer.
17. 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.
18. 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.
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Resolution No. 12-033 Page 7
19. The owner (applicant) shall obtain an Encroachment Permit from the City of Saratoga for any
and all improvements in the City right-of-way or City easement prior to commencement of
the work. The owner (applicant) shall replace sections of sidewalk and/or curb and gutter as
determined during the Encroachment Permit issuance
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. 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.
22. 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.
23. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map
approval.
24. 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.
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Page 1 of 5
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 #: ARB12-0027
Prepared by Kate Bear, City Arborist Site: 14639 Big Basin Way
Phone: (408) 868-1276 Owner: Eugene Zambetti
Email: kbear@saratoga.ca.us APN: 503-25-013
Email: zambetti@yahoo.com
Report History:
#1 Plans received May 17, 2012
Report completed June 21, 2012
PROJECT SCOPE
The applicant has submitted plans to the City to subdivide the property into three lots, build a new
commercial building and garage, and build two new townhomes.
No trees are requested for removal to construct the project.
CLEARANCE – with conditions
This project has clearance from the arborist to proceed, with the conditions noted below in the
Requirements section.
PLAN REVIEW
Plans Reviewed:
Architectural plans were prepared by Metro Design Group and dated May 16, 2012. Plans reviewed
for this report include Sheet A-1, Cover Sheet; Sheet A-2, Site Plan; Sheet A-2.1, Tree Preservation;
Sheet A-3.1, First Floor Plan; Sheet A-3.2, Second Floor Plan; Sheet A-3.3, Basement Floor Plan;
Sheets A-5.2, A-5.2 and A-5.3, Elevations; Sheet A-6, Sections and Sheet L-1, Landscape Plan.
Civil drawings were prepared by Westfall Engineers, Inc. and dated May 2012. They include a
Topographic and Boundary Survey, Sheet 1 of 1; a Tentative Map, Sheet 1 of 2; and a Preliminary
Grading and Drainage Plan, Sheet 2 of 2.
A utility trench is indicated along the east side of the property line for gas, electrical, phone and
cable. This is an acceptable location.
TREE INFORMATION
The owner has indicated that Ian Geddes Tree Care will be the Project Arborist. Any reference in
this report to the Project Arborist will mean Ian Geddes Tree Care.
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14639 Big Basin Way
Page 2 of 5
Tree Inventory:
Fifteen trees protected by City Code were inventoried for the project. Inventoried trees include
eleven coast live oaks (#21, 22, 23, 24, 25, 26, 27, 28, 33, 34 and 35), one California sycamore
(#29), and three blue gum eucalyptus trees (#30, 31 and 32). Each tree has been marked with a
numbered aluminum tag for reference. Data for each tree is included in a Tree Inventory Table at the
end of this report. Their locations are shown on the attached map.
Tree Removals:
No trees are requested for removal to construct the project
Tree Protection:
Coast live oaks #21 and 22 grown right next to Big Basin Way and are in good condition. To best
protect these two trees, the fencing around them should be as close to the edge of their canopies as
possible during construction. The proposed seat wall or brick planter around the two trees must be
constructed in a manner that does not require excavation for a foundation to support it. The seat wall
or brick planter and any other proposed structures around these two trees should remain entirely on
top of grade. No fill soil is permitted under these two trees.
Coast live oaks #23, 27 and 28 are potentially impacted by installation of the storm drain.
Excavation is required within a few feet of these trees which may require cutting numerous roots
and/or large roots. Cutting roots for the storm drain can increase the risk of failure. To best protect
these trees, excavation for the storm drain should be done by hand, and under the supervision of an
ISA certified arborist, where it is within 20 feet of the trees’ trunks. All roots measuring two inches
or more in diameter should be retained, preserved and worked around. Alternatively, the storm drain
trench can be bored at a minimum depth of 4 feet below grade where it is within 20 feet of these
three trees.
Coast live oak #24 grows outside the balcony for of townhouse #2. It will be somewhat impacted by
excavation for the basement, but can withstand the impact if tree protection fencing remains in place
during construction.
Coast live oak #25 is a very large oak growing just outside of townhouse #1. It is potentially
impacted by excavation for ingress and egress from the basement window. An exploratory trench
two feet deep was dug to see if there were major roots in the locations were excavation would be
necessary. No roots were found in the trench. This tree can be adequately protected during
construction with tree protection fencing.
Installation of the pathway and benches at the bottom of the property has the potential to impact
trees #30, 31 and 32. To best protect them, excavation for the pathway should be kept to four inches
and constructed of pervious materials. The benches should be placed on top of grade or use a footing
that requires no more than four inches of excavation.
Trees #26, 29, 33, 34 and 35 can be adequately protected with chain link fencing during
construction.
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
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Page 3 of 5
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 $46,850 and is equal to the total appraised value of
trees #21, 22, 23, and 27. 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
No trees are requested for removal to construct the project.
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. This entire arborist report, including the Tree Inventory Table and the attached map shall be
included in the final job copy set of plans.
2. Tree Protection Security Deposit - $46,850
a. Owner shall obtain, and file with the Community Development Director, a Tree
Protection security deposit for trees #21, 22, 23, and 27 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, 2-inch
diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10
feet apart.
d. Shall be posted with signs saying “TREE PROTECTION FENCE - DO NOT 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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14639 Big Basin Way
Page 4 of 5
4. No protected tree authorized for encroachment or removal pursuant to this project may be
encroached upon or removed 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. All construction activities shall be conducted outside tree protection fencing. These activities
include, but are not necessarily limited to, the following: demolition, grading, trenching,
equipment cleaning, stockpiling and dumping materials (including soil fill), and
equipment/vehicle operation and parking.
7. Failure to contact City Arborist prior to performing work under a tree’s canopy, or inside tree
protection fencing, 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.
8. The seat wall or brick planter around trees #21 and 22 shall be constructed on top of grade
where it is under the canopy of these trees.
9. No fill soil shall be placed inside the proposed planter around trees #21 and 22.
10. The storm drain trench shall be dug by hand under the supervision of an ISA certified
arborist where it is within 20 feet of a tree’s trunk. Alternatively, the storm drain may be
bored at a minimum depth of four feet below grade where it is within 20 feet of a tree’s
trunk.
11. The pathway at the bottom of the property shall be constructed of pervious materials such as
pavers or decomposed granite.
12. Excavation for the pathway at the bottom of the property shall not exceed four inches in
depth.
13. Benches at the bottom of the property shall be placed on grade or a footing that does not
require more than four inches of excavation.
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. Landscaping under oak trees:
a. Plants shall not be planted within the inner half of the area under the canopy.
b. Only mulch is permitted under area within the inner half under the canopy.
c. Only drought tolerant plants that are compatible with oaks are permitted under the outer
half of the canopy.
d. Water loving plants are not permitted under oaks.
e. Lawns are not permitted under the canopy of oaks.
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14639 Big Basin Way
Page 5 of 5
16. 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.
17. At the end of the project, when the contractor wants to remove tree protection fencing and
have the tree protection security deposit released by the City, call City Arborist for a final
inspection.
ATTACHMENTS:
Tree Removal Criteria
Tree Inventory Table
Map showing locations of trees and protective fencing around trees
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
21 Quercus agrifolia 21 35 80 80 Good High 2 $15,900
Coast live oak
22 Quercus agrifolia 21 35 70 70 Fair High 2 $13,900
Coast live oak
23 Quercus agrifolia 24 45 80 60 Fair High 2 X $13,800
Coast live oak
24 Quercus agrifolia 17 40 60 60 Fair High 2 $6,700
Coast live oak
25 Quercus agrifolia 27, 28 80 70 50 Fair Moderate 2 $36,300
Coast live oak
26 Quercus agrifolia 34 50 60 30 Fair High 3 $20,100
Coast live oak
27 Quercus agrifolia 17 30 30 40 Fair Low 2 $3,250
Coast live oak
28 Quercus agrifolia 20 45 70 40 Fair Moderate 2 $7,500
California sycamoreCalifornia sycamore
29 Platanus racemosa 50 50 50 60 Fair High 3 $44,300
Blue gum
30 Eucalyptus globulus 66 70 80 60 Fair High 3 $6,200
Blue gum
31 Eucalyptus globulus 80 45 80 70 Fair High 3 $6,100
Blue gum
32 Eucalyptus globulus 96 50 80 70 Fair High 3 $6,700
Coast live oak
33 Quercus agrifolia 7 10 50 40 Fair Low 4 $800
Coast live oak
34 Quercus agrifolia 9 15 80 80 Good High 4 $2,500
Coast live oak
35 Quercus agrifolia 7 15 80 80 Good High 4 $1,350
Total appraised value $185,400
Should any tree listed above be removed or damaged beyond repair, 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 60 inch box = 7,000 72 inch box = $15,000
14639 Big Basin Way June 21, 2012
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14639 Big Basin Way
Legend
Tree Canopy
Tree Protective Fence
21 22
23
24
24
23
27 26
25
28
32
31
30
29
35 34
33
25
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13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070
(408) 867-1274
MEMORANDUM
TO: Iveta Harvancik, Senior Engineer DATE: July 19, 2012
FROM: Cotton, Shires and Associates, Inc., City Geotechnical Consultant
SUBJECT: Supplemental Geotechnical Peer Review (S0286D)
RE: Zambetti - Retail, Office and Two Townhouses
GE012-0008
14639 Big Basin Way
---------------------------------------------------------------------------------------------------------------------------------------------------
At your request, we have completed a supplemental geotechnical peer review of the subject permit
application using:
• Supplemental Geotechnical Update (letter-report) prepared by Redwood Geotechnical Engineering,
dated July 16, 2012;
• Tentative Map, Preliminary Grading and Drainage Plan (2 sheets) prepared by Westfall Engineers,
dated May 15, 2012; and
• Architectural Plans (6 sheets) prepared by Metro Design Group, dated May 16, 2012.
In addition, we have reviewed pertinent technical documents from our office files and been in
communication with the Project Geotechnical Consultant.
DISCUSSION
The applicant proposes to construct a two-story office/retail building with attached parking garage in the
southern portion of the property (proposed Parcel 1). The applicant also proposes to construct two townhouses
(each two stories over a basement) in the central portion of the property (proposed Parcels 2 and 3).
Townhouses include balconies that will extend to the northern side of the buildings. As currently designed, all
collected storm drainage would be directed to an energy dissipater within Parcel 2. We understand that the
City Engineer will address the potential need for any easements or maintenance agreements associated with
the proposed storm drainage system and dissipater.
In our previous geotechnical peer review memorandum (dated June 29, 2012), we recommended that the
Project Geotechnical Consultant evaluate the geotechnical feasibility of the proposed subdivision, update
design recommendations for proposed structures, and verify acceptance of responsibility as Geotechnical
Consultant of Record for the proposed buildings and subdivision. We also recommended clarification of
foundation support for townhouse balconies.
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Iveta Harvancik July 19, 2012
Page 2 S0286D
On July 12, 2012, we indicated that a July 11, 2012, response letter from the Project Geotechnical Consultant
(RGE) was incomplete and recommended that the consultant respond to the following:
• RGE should reference the Tentative Map and verify the geotechnical feasibility of the proposed
subdivision;
• A statement should be provided by RGE indicating acceptance of responsibilities as Geotechnical
Consultant of Record for the subdivision and 3 buildings;
• Documentation prepared by RGE should include a figure depicting the 3 parcels and 3 buildings;
• Slope conditions in proposed construction areas should be clarified;
• Revised foundation recommendations should be prepared for townhouse balcony support; and
• An appropriate location of the drainage energy dissipater on Parcel 2 should be confirmed from a
geotechnical perspective.
CONCLUSIONS AND RECOMMENDED ACTION
The Project Geotechnical Consultant has adequately responded to the remaining project geotechnical items
listed above. Supplemental discussions with RGE have confirmed that the consultant does not have
geotechnical objections to the proposed location of the energy dissipater on Parcel 2. We understand that any
needed easements or maintenance agreements for this drainage facility will be completed to the satisfaction of
the City Engineer. We recommend geotechnical approval of the Tentative Map, and geotechnical clearance for
the proposed site buildings and improvements, with the following conditions:
1. Geotechnical Plan Review - The Project Geotechnical Engineer shall review and approve all
geotechnical design aspects of the final detailed site construction plans (i.e., site preparation and
grading, drainage improvements, and design parameters for the proposed foundations and
retaining walls) to ensure that geotechnical recommendations have been properly incorporated.
The results of the plan review(s) shall be summarized by the Project Geotechnical Engineer in a
letter(s) and submitted to the City Engineer for review prior to issuance of building permits.
2. Geotechnical Construction Inspections - The geotechnical consultant shall inspect, test (as
needed), and approve all geotechnical aspects of project construction. The inspections should
include, but not necessarily be limited to: site preparation and grading, site surface and subsurface
drainage improvements, and excavations for foundations and retaining walls prior to the
placement of steel and concrete. The consultant shall perform a final inspection of completed
project drainage improvements and confirm compliance with geotechnical standards.
The results of these inspections and the as-built conditions of the project shall be described by the
Project Geotechnical Engineer in a letter and submitted to the City Engineer for review prior to final
(as-built) project approval.
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Iveta Harvancik July 19, 2012
Page 3 S0286D
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 document 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.
TS:DTS:kd
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CITY OF SARATOGA
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
(408) 868-1222
NOTICE OF PUBLIC HEARING
The City of Saratoga’s Planning Commission announces the following public hearing on:
Wednesday, the 25th day of July 2012, at 7:00 p.m.
The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. The
public hearing agenda item is stated below. Details of this item are available at the Saratoga
Community Development Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please
consult the City website at www.saratoga.ca.us regarding Friday office closures.
APPLICATION/ADDRESS: PDR12-0011, CUP12-0004, SUB12-0004 / 14639 Big Basin
Way
APPLICANT/OWNER: Zambetti / Metro Design Group
APN: 503-25-013
DESCRIPTION: The applicant is requesting Design Review and Conditional Use Permit
approval to construct a two-story commercial building (1097 sq. ft. on the first floor and 1,754
sq. ft. on the second floor), four-car garage, and two residential townhouses. Each townhouse
will be approximately 1,400 sq. ft. in size, not including an approximate 700 sq. ft. basement.
The applicant is also requesting tentative map approval to subdivide the lot into three parcels.
All interested persons may appear and be heard at the above time and place. If you challenge a
decision of the Planning Commission pursuant to a Public Hearing in court, you may be limited to
raising only those issues you or someone else raised at the Public Hearing. In order for information
to be included in the Planning Commission’s information packets, written communications should
be filed on or before Tuesday, July 17, 2012.
This notice has been sent to all owners of property within 500 feet of the project that is the subject
of this notice. The City uses the official roll produced by the County Assessor’s office annually, in
preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S.
Postal Service may result in notices not being delivered to all residents potentially affected by a
project. If you believe that your neighbors would be interested in the project described in this
notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone
in your Community has as much information as possible concerning this project.
Michael Fossati
Planner
(408) 868-1212
132
Parcel Number Owner Name Owner Address Owner City, State Zip
#5068 OWNERSHIP LISTING Prepared for: 14639 Big Basin Way
503-25-007 BIG BASIN LLC 14573 BIG BASIN WAY SARATOGA CA 95070
503-25-008 PAUL L & FRANCES E FLANAGAN 14658 NELSON WAY SAN JOSE CA 95124
503-25-012 DAVIES C H PO BOX 2039 SARATOGA CA 95070
503-25-013 EUGENE L & THI TRAN ZAMBETTI P O BOX 34 SARATOGA CA 95071
503-25-015 JONGHOON & SUE RYUNG KANG 14651 BIG BASIN WAY SARATOGA CA 95070
503-25-016 JOSEPH J FITZSIMMONS 14611 BIG BASIN WAY #E SARATOGA CA 95070
503-25-021 S C V W D 5750 ALMADEN EXPY SAN JOSE CA 95118
503-25-022 THOMAS E PARKER 559 SHEFFIELD AVE CARDIFF CA 92007
503-25-025 MARK J & CATHLEEN M PETERSEN 45 MONTGOMERY ST LOS GATOS CA 95030
503-25-026 NERN PROPERTIES LLC 676 CAMELLIA WAY LOS ALTOS CA 94024
503-25-028 PAUL L & FRANCES E FLANAGAN 14658 NELSON WAY SAN JOSE CA 95124
503-25-029 JOSEPH J FITZSIMMONS 14611 BIG BASIN WAY #E SARATOGA CA 95070
503-25-031 SARATOGA CITY OF 13777 FRUITVALE AVENUE SARATOGA CA 95070
503-25-032 PLUMED HORSE PROP LLC 14555 BIG BASIN WAY SARATOGA CA 95070
503-25-036 JULIA & ROGET UYS 20650 4TH ST 3 SARATOGA CA 95070
503-25-037 KLAUS W & YVONNE C PACHE 20650 FOURTH ST #4 SARATOGA CA 95070
503-25-038 ALLEN W & SAUNDRA L HILL 20650 4TH ST #5 SARATOGA CA 95070
503-25-039 ANKUSH K BAHL 14645 BIG BASIN WAY SARATOGA CA 95070
503-25-040 KENNETH S & SWARAN B BAHL 14645 BIG BASIN WAY SARATOGA CA 95070
503-25-041 KENNETH S & SWARAN B BAHL 14645 BIG BASIN WAY SARATOGA CA 95070
503-26-018 S C V W D 5750 ALMADEN EXPY SAN JOSE CA 95118
503-59-001 SARATOGA OAKS HOMEOWNERS ASSOCIATION 1935 DRY CREEK RD #203 CAMPBELL CA 95008
503-59-002 S C V W D 5750 ALMADEN EXPY SAN JOSE CA 95118
503-59-003 SARATOGA OAKS HOMEOWNERS ASSOCIATION 1935 DRY CREEK RD #203 CAMPBELL CA 95008
503-61-001 FELIX & ISABELLA MARKHOVSKY 14630 SPRINGER CT SARATOGA CA 95070
503-61-002 ELKE S DOYLE 14632 SPRINGER CT SARATOGA CA 95070
503-61-003 QUINLAN SHEILA E TR/TR 14634 SPRINGER CT SARATOGA CA 95070
503-61-004 HANNAH S COMISKY 19324 MONTE VISTA DR SARATOGA CA 95070
503-61-005 ANDREW M DEVINE 14638 SPRINGER CT SARATOGA CA 95070
503-61-006 ENID O SHOOR 14640 SPRINGER CT SARATOGA CA 95070
503-61-007 ELIZABETH J NICKERSON 14642 SPRINGER CT SARATOGA CA 95070
503-61-008 ADRIENNE R IWANAGA 14644 SPRINGER CT SARATOGA CA 95070
503-61-009 DOUGLAS F & CECILIA A DESMOND 14646 SPRINGER CT SARATOGA CA 95070
503-61-010 PATRICIA L BAGNATO 1610 CABERNET LN SAINT HELENA CA 94574
503-61-011 JOYCE A HLAVA 14662 SPRINGER AVE SARATOGA CA 95070
503-61-012 RUBY COAKLEY 14664 SPRINGER AVE SARATOGA CA 95070
503-61-013 SYVERTSON TRUST/FAM TR 14666 SPRINGER AVE SARATOGA CA 95070
503-61-014 LEE S GREY 14668 SPRINGER AVE SARATOGA CA 95070
503-61-015 METE KARAKUCUK 14670 SPRINGER AVE SARATOGA CA 95070
503-61-016 ROSEMARIE WOODRUFF 14656 SPRINGER AVE SARATOGA CA 95070
503-61-017 VADIM & TANYA ZALIVA 14654 SPRINGER AVE SARATOGA CA 95070
503-61-018 ROY E COMBS PO BOX 308 SARATOGA CA 95071
503-61-019 SHU-HUNG & YEN SHU-FEN KUNG 14650 SPRINGER AVE SARATOGA CA 95070
503-61-020 PHYLLIS & KLEINMAN KLEINMAN 14636 PLACIDA CT SARATOGA CA 95070
503-61-021 PETER R & TAMMY T VOIGTS 14638 PLACIDA CT SARATOGA CA 95070
503-61-022 PAMELA M & THEODORE W MAO 14640 PLACIDA CT SARATOGA CA 95070
503-61-023 SALVADORE FAMILY TR 14642 PLACIDA CT SARATOGA CA 95070
503-61-024 HELEN G FBO FRANCIS BYPASS FRANCIS 14644 PLACIDA CT SARATOGA CA 95070
503-61-025 ERNEST T & ROSEMARY P HARPER 14646 PLACIDA CT SARATOGA CA 95070
503-61-026 KLEINMAN PROPERTIES LP 14648 PLACIDA CT SARATOGA CA 95070
503-61-027 MICHAEL & KELLIE BALLARD 11100 CRIPPLEGATE RD POTOMAC MD 20854
503-61-028 SANDER TRUST 14652 PLACIDA CT SARATOGA CA 95070
503-61-029 ANUPAMA C & HIMANSHU POKHARNA 14654 PLACIDA CT SARATOGA CA 95070
503-61-030 DEUTSCHE BANK NATIONAL TRUST COMPANY TT 3476 STATEVIEW BLVD FORT MILL SC 29715
503-61-031 GALEN L & PHYLLIS A GUNDERSON 14658 PLACIDA CT SARATOGA CA 95070
503-61-032 AYAN & AMITA MUKERJI 14660 WILD BERRY LN SARATOGA CA 95070
503-61-033 QIAN HUANG 14662 WILD BERRY LN SARATOGA CA 95070
503-61-034 JANET GOLDSTEIN 14664 WILD BERRY LN SARATOGA CA 95070
503-61-035 RAYMOND M TAYLOR 14666 WILD BERRY LN SARATOGA CA 95070
503-61-036 SHU CHUNG & LEUNG SUK-YIN MAR 14668 WILD BERRY LN SARATOGA CA 95070
503-63-001 GATEHOUSE CONDOMINUM HOMEOWNERS ASSN2542 S BASCOM AVE #170 CAMPBELL CA 95008
133
503-63-002 ANTHONY & YAU LOUISA YUNG 6446 MERLIN DR CARLSBAD CA 92011
503-63-003 ANN F MCGRATH 20810 4TH ST #3 SARATOGA CA 95070
503-63-004 SANDRA KAMIAK 20810 4TH ST #4 SARATOGA CA 95070
503-63-005 JUNE & MANTELLI DAVID ESPINOSA 20812 4TH ST #1 SARATOGA CA 95070
503-63-006 KATHRYN B WARREN 501 CLIFFSIDE CT PT RICHMOND CA 94801
503-63-007 CATHRINE STEINBORN 20812 4TH ST #3 SARATOGA CA 95070
503-63-008 MARCELLINE E HOUDE 20812 4TH ST #4 SARATOGA CA 95070
503-63-009 JAMES B & CATHERINE COCHRANE 13615 VAQUERO CT SARATOGA CA 95070
503-63-010 STANLEY A & MIRIAM L DEMARTINIS 2737 E WOODBRIDGE RD ACAMPO CA 95220
503-63-011 CHI LAN & WAI MAN WONG 20812 4TH ST 7 SARATOGA CA 95070
503-63-012 BRIAN R & ANITALYNN M TIGHE 6374 CANDLEWOOD CT CUPERTINO CA 95014
503-63-013 ROBERT M JAKOB 640275 P O BOX SAN FRANCISCO CA 94164
503-63-014 BRIAN R & ANITALYNN M TIGHE 6374 CANDLEWOOD CT CUPERTINO CA 95014
503-63-015 EDWARD FLIPPER JENG 20812 4TH ST 11 SARATOGA CA 95070
503-63-016 TIGHE BRIAN RODERICK TR/TR 20812 4TH ST 12 SARATOGA CA 95070
503-63-017 MEHRDAD AGHAEBRAHIM 20812 4TH ST #15 SARATOGA CA 95070
503-63-018 OLGA N LVOV 200 E DANA ST #E110 MOUNTAIN VIEW CA 94041
503-63-019 COURTNEY CRASE 20061 CHATEAU DR SARATOGA CA 95070
503-63-020 TUNG-SHENG & YU LI-MEI LI 20812 4TH ST #16 SARATOGA CA 95070
503-63-021 GARY L & DIANE ZARECKY 20812 4TH ST #19 SARATOGA CA 95070
503-63-022 GUANGHUI & ZENG XINYANG QIAN 20812 4TH ST #18 SARATOGA CA 95070
503-63-023 KOICHI & LINDA YAMAGUCHI 13761 HOWEN DR SARATOGA CA 95070
503-63-024 LORRAINE A WHEELER 20812 4TH ST #20 SARATOGA CA 95070
503-63-025 THOMAS M & PAULA A BRENNOCK 20812 4TH ST #23 SARATOGA CA 95070
503-63-026 PAUL C TONG 20812 4TH ST #22 SARATOGA CA 95070
503-63-027 PATRICK & HYUN KUGLER 18481 MONTPERE WAY SARATOGA CA 95070
503-63-028 CHRISTOPHER G & XU LIN BOSSOLINA 20812 4TH ST #24 SARATOGA CA 95070
503-63-029 THOMAS E & SASCHA M LALE 20760 4TH ST #11 SARATOGA CA 95070
503-63-030 JUNE YOUN JIN & SOO YEON KWON 20760 4TH ST #12 SARATOGA CA 95070
503-63-031 LAURA E BRASH 20760 4TH ST #9 SARATOGA CA 95070
503-63-032 VINCENT & SU LI-WEN SY 20760 4TH ST #10 SARATOGA CA 95070
503-63-033 VIKTOR SCHRANZ 20760 4TH ST #7 SARATOGA CA 95070
503-63-034 RONALD A ANDERSON 20760 4TH ST #8 SARATOGA CA 95070
503-63-035 SIU MEI SILCOX 20760 4TH ST #5 SARATOGA CA 95070
503-63-036 JANARDHANAN S & RAMESH SUNITHA AJIT 13 WILLIAMS WAY DURHAM NH 3824
503-63-037 YOSHIHISA & TOKIKO OGINO 20760 4TH ST #3 SARATOGA CA 95070
503-63-038 KENNETH J CZWORNIAK 20760 4TH ST #4 SARATOGA CA 95070
503-63-039 CYNTHIA L BAUER 20760 4TH ST #1 SARATOGA CA 95070
503-63-040 HOSSEIN & AZITA SOBHANI 20760 4TH ST #2 SARATOGA CA 95070
503-63-041 TOM T CHEN 20740 4TH ST #11 SARATOGA CA 95070
503-63-042 STEPHEN & ANNE BOBORICKEN 11870 FRANCEMONT DR LOS ALTOS HILLS CA 94022
503-63-043 ALAIN J DEFRENNE 16265 GREENWOOD LN MONTE SERENO CA 95030
503-63-044 ANDREA LEE 20740 4TH ST #10 SARATOGA CA 95070
503-63-045 ANDREY A KHARISOV 20740 4TH ST #7 SARATOGA CA 95070
503-63-046 DAVID M FRADIN 20740 4TH ST #8 SARATOGA CA 95070
503-63-047 JAY M STEARNS 14686 FIELDSTONE DR SARATOGA CA 95070
503-63-048 ROSE S KOOT 220 WEDGEWOOD AVE LOS GATOS CA 95032
503-63-049 ALBERT & LANCY WONG 20740 4TH ST #3 SARATOGA CA 95070
503-63-050 VICTOR & REGINA VELTON 4662 BLUERIDGE DR SAN JOSE CA 95129
503-63-051 JULIA & ROGET UYS 20740 4TH ST 1 SARATOGA CA 95070
503-63-052 AREVIG ANTABLIAN 20740 4TH ST #2 SARATOGA CA 95070
503-63-053 HIROSHI & TAKAKO FUJIGAMI 20720 4TH ST #17 SARATOGA CA 95070
503-63-054 JOHN P & CHRISTINA D BLACK 20720 4TH ST #16 SARATOGA CA 95070
503-63-055 BAKTYGUL ZHUMABAYEVA 20720 4TH ST #15 SARATOGA CA 95070
503-63-056 KATHLEEN C SODERSTROM 12896 PIERCE RD SARATOGA CA 95070
503-63-057 JIN W & MIN K PARK 20720 4TH ST #11 SARATOGA CA 95070
503-63-058 SALVADOR BORJA 230 LILLE LN #214 NEWPORT BEACH CA 92663
503-63-059 JANICE R GAUTHIER 20720 4TH ST #9 SARATOGA CA 95070
503-63-060 HSUEH H & HUNG WEI TAI 21315 LUMBERTOWN LN SARATOGA CA 95070
503-63-061 SHELLIE S WILLIAMS 20720 4TH ST #7 SARATOGA CA 95070
503-63-062 GEORGE E & NANCY G KIRK 20270 LA PALOMA AVE SARATOGA CA 95070
503-63-069 LINDA A BARCOMB 20700 4TH ST #11 SARATOGA CA 95070
503-63-070 LESLIE DAVIS 20700 4TH ST #12 SARATOGA CA 95070
503-63-071 NOVELLE V KELLY 20700 4TH ST #9 SARATOGA CA 95070
134
503-63-072 NATALIE J WEISKAL 20700 4TH ST #10 SARATOGA CA 95070
503-63-073 WAYNE C & SU TI CHANG P O BOX 3791 LOS ALTOS CA 94024
503-63-074 MICHAEL E & GAYLE L ARCHER 956 FAIRWAY PARK DR INCLINE VILLAGE NV 89451
503-63-075 DENNIS C & GRACE LEUNG 4685 TORREY PINES CIR SAN JOSE CA 95124
503-63-076 MARK C LIANIDES 220 WEDGEWOOD AVE LOS GATOS CA 95032
503-63-077 SYLVAN E LEPIANE 15890 SHANNON RD LOS GATOS CA 95032
503-63-078 JOAN C GOLDMAN 1624 LYLE DR SAN JOSE CA 95129
503-63-079 NILESH V & DESHMUKH MADHAVI KULKARNI 20700 4TH ST #1 SARATOGA CA 95070
503-63-080 ROBERT FU LEE CHENG 20700 4TH ST #2 SARATOGA CA 95070
503-63-081 JOHN K & SUE KANG TANAKA 20800 4TH ST #11 SARATOGA CA 95070
503-63-082 MABEL KAO 20800 4TH ST #12 SARATOGA CA 95070
503-63-083 CFS INVESTMENTS 105 CRIDER CT LOS GATOS CA 95032
503-63-084 KIT CHU LAM 20800 4TH ST 10 SARATOGA CA 95070
503-63-085 SATORU & KIMIKO MIYOSHI 20800 4TH ST #7 SARATOGA CA 95070
503-63-086 ROBERT A & YVONNE L DUNCANSON 20800 4TH ST #8 SARATOGA CA 95070
503-63-087 YASHIKA P DEVA 20800 4TH ST 5 SARATOGA CA 95070
503-63-088 JOSEPH A & MILDRED I PLICKA 9267 DOVE CT GILROY CA 95020
503-63-089 JOSEPH P & SUSAN D LONG 14215 DOUGLASS LN SARATOGA CA 95070
503-63-090 MIN HUEI HU 20800 4TH ST #4 SARATOGA CA 95070
503-63-091 FRED L & DORINE ALVORD 13782 CALLE TACUBA SARATOGA CA 95070
503-63-092 CHIH-PING A & CINDY L FAN 20800 4TH ST #2 SARATOGA CA 95070
503-63-093 SCIOLTO NICKY V TR/TR 20790 4TH ST 7 SARATOGA CA 95070
503-63-094 MICHAEL E & GAYLE L ARCHER 956 FAIRWAY PARK DR INCLINE VILLAGE NV 89451
503-63-095 STEVEN AH-FUNG SIT 6321 WISTERIA WAY SAN JOSE CA 95129
503-63-096 MICHAEL E & GAYLE L ARCHER 956 FAIRWAY PARK DR INCLINE VILLAGE NV 89451
503-63-097 JENNIFER L PAOLI 16280 LOS SERENOS ROBLES MONTE SERENO CA 95030
503-63-098 MEHRAN & AVIDEH Y SAMARDAR 6555 LITTLE FALLS DR SAN JOSE CA 95120
503-63-099 SHAO YING YE 20790 4TH ST #1 SARATOGA CA 95070
503-63-100 DONALD S & KATHLEEN M MANZAGOL 12078 SADDLE RD MONTEREY CA 93940
503-63-101 ELIE G & CRISPINA J YOUNES 1582 CALCO CREEK DR SAN JOSE CA 95127
503-63-102 MICHELE S CASTILLO 1636 VILLARITA DR CAMPBELL CA 95008
503-63-103 KELLY & ANN ALBERTS 2252 CORTE CICUTA CARLSBAD CA 92009
503-63-104 ALAN KORGAV 20780 4TH ST #10 SARATOGA CA 95070
503-63-105 CHRISTINE M ZAK 20780 4TH ST #7 SARATOGA CA 95070
503-63-106 STANTON JULIET A TR/TR 20780 4TH ST 8 SARATOGA CA 95070
503-63-107 ERIKA R JOHNSON 20780 4TH ST #5 SARATOGA CA 95070
503-63-108 WILLIAM T & DORENE G MALANCZUK 20780 4TH ST #6 SARATOGA CA 95070
503-63-109 RICHARD F & PATRICIA J BADER 21120 MICHAELS DR SARATOGA CA 95070
503-63-110 NATALIA JIMENEZ 20780 4TH ST #4 SARATOGA CA 95070
503-63-111 STEPHEN H BURGER 20780 4TH ST #1 SARATOGA CA 95070
503-63-112 KATHRYN B WARREN 501 CLIFFSIDE CT PT RICHMOND CA 94801
503-67-001 KATHLEEN FITZSIMMONS 14605 BIG BASIN WAY SARATOGA CA 95070
503-67-002 KATHLEEN FITZSIMMONS 14605 BIG BASIN WAY SARATOGA CA 95070
503-67-003 MICHAEL D & JANICE E FITZSIMMONS 165 SUMMERFIELD ST DANVILLE CA 94506
503-67-004 KATHLEEN FITZSIMMONS 14605 BIG BASIN WAY SARATOGA CA 95070
503-67-005 MARY B BOSCOE PO BOX 2423 SARATOGA CA 95070
503-67-006 KATHLEEN FITZSIMMONS 14605 BIG BASIN WAY SARATOGA CA 95070
503-76-001 FENG-YING CHEN LIN 603 FOREST AVE PALO ALTO CA 94301
503-76-002 JOSEPHINE E CHOW 14587 BIG BASIN WAY SARATOGA CA 94005
503-76-003 TAI & ESTHER CHI P O BOX 536 BRISBANE CA 94005
503-76-004 BRIAN J & HEEKYUNG CHO UYENO 14591 BIG BASIN WAY SARATOGA CA 95070
503-76-005 MICHAEL J RUBENSTEIN 14593 BIG BASIN WAY SARATOGA CA 95070
503-76-006 OVIDIO R & WENDY A CALVO 14595 BIG BASIN WAY SARATOGA CA 95070
503-76-007 HIRTH MARK W TR/TR 14597 BIG BASIN WAY SARATOGA CA 95070
503-76-008 VADIM D STEPANCHENKO 14599 BIG BASIN WAY #H SARATOGA CA 95070
503-76-009 JUNE F CHEN PO BOX 2963 SARATOGA CA 95070
517-07-010 DEAN HICKMAN-SMITH 20761 PAMELA WAY SARATOGA CA 95070
517-07-011 ROBERT T & KATHLYNN K UENAKA 20777 PAMELA WAY SARATOGA CA 95070
517-07-012 BREWER MURRAY LYNN TR/TR 20793 PAMELA WAY SARATOGA CA 95070
517-07-013 DON W & TRACY G NOBLES 20801 PAMELA WAY SARATOGA CA 95070
517-07-014 MARY L DUTRO 20820 BIG BASIN WAY SARATOGA CA 95070
517-08-001 WALTER S & MARILYN R MARCHETTI 20701 ST CHARLES ST SARATOGA CA 95070
517-08-002 DEL POZO BETSY ADMINISTRATOR 2658 DELMAR HEIGHTS RD #26DELMAR CA 92014
517-08-003 DEL POZO BETSY ADMINISTRATOR 2658 DELMAR HEIGHTS RD #26DELMAR CA 92014
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517-08-004 MICHAEL & CAROL MAULDIN 21766 GRANADA AVE CUPERTINO CA 95014
517-08-005 JOSEPH P LONG 14630 BIG BASIN WAY SARATOGA CA 95070
517-08-010 FRANK BEHNKE 14510 BIG BASIN WAY #161 SARATOGA CA 95070
517-08-011 CHARLES J & ELSBETH R STAUSS P.O. BOX 2265 SARATOGA CA 95070
517-08-012 BEHNKE TRUST 20656 5TH ST SARATOGA CA 95070
517-08-017 CRAIG & HARRISON SARI AMBROSE 14683 OAK ST SARATOGA CA 95070
517-08-018 JEANNE ALEXANDER 14701 OAK ST SARATOGA CA 95070
517-08-022 COVELL G & ANN M D PO BOX 1202 CARMEL CA 93921
517-08-023 RONALD A & LINDA S RINGSRUD 14706 6TH ST SARATOGA CA 95070
517-08-024 GWEN E FRANCIS 14700 ST CHARLES ST SARATOGA CA 95070
517-08-025 BALAKRISHNAN BALU TR/FAM TR 20731 ST CHARLES ST SARATOGA CA 95070
517-08-048 GLADYS P HERNANDEZ 19641 CHARTERS AVE SARATOGA CA 95070
517-08-053 GEORGE L & MARY G BURNE 20713 ST CHARLES ST SARATOGA CA 95070
517-08-054 MARC HOFFMAN 20723 ST CHARLES ST SARATOGA CA 95070
517-08-055 SHASHI KUMAR 20729 ST CHARLES ST SARATOGA CA 95070
517-08-056 DONG TRACY CHEN 20719 ST CHARLES ST SARATOGA CA 95070
517-08-058 BEHNKE TRUST 13691 BEAUMONT AVE SARATOGA CA 95070
517-08-060 BEHNKE TRUST 14655 OAK ST #1 SARATOGA CA 95070
517-08-061 JOHN W HOLLINGSWORTH 14739 OAK ST SARATOGA CA 95070
517-08-065 DELOS L KNIGHT 14602 BIG BASIN WAY SARATOGA CA 95070
517-08-066 DAY PEGGY L TR 14608 BIG BASIN WAY SARATOGA CA 95070
517-08-067 SANGEETA T JOSHI 14610 BIG BASIN WAY SARATOGA CA 95070
517-08-068 CC CALHOUN ENTS INC 14598 BIG BASIN WAY A SARATOGA CA 95070
517-08-069 JEFFREY L & GAYLENE WYATT 14598 BIG BASIN WAY #C SARATOGA CA 95070
517-08-070 JEFF & GAYLENE WYATT 14577 BIG BASIN #2A SARATOGA CA 95070
517-08-077 JOSEPH P & LISA M MORIARTY 20711 SAINT CHARLES ST #5 SARATOGA CA 95070
517-08-078 BRIAN M & LYNDELL S KING 20705 ST CHARLES ST SARATOGA CA 95070
517-08-079 TJA INVESTMENTS LLC 215 WILDER AVE LOS GATOS CA 95030
517-08-080 CHOON HEE KIM 14618 BIG BASIN WAY SARATOGA CA 95070
517-08-081 RUCHI AGARWAL 14620 BIG BASIN WAY #4001 SARATOGA CA 80129
517-09-058 MISCHEL K POSTAS 438 W CAMPBELL AVE CAMPBELL CA 95008
517-09-083 SARATOGA CITY OF 13777 FRUITVALE AVENUE SARATOGA CA 95070
517-29-001 DOUGLAS M & PROSEK VALERIE CATES 14662 BIG BASIN WAY #A SARATOGA CA 95070
517-29-002 LARRY W GRACE 14662 B BIG BASIN WAY SARATOGA CA 95070
517-29-003 FIROUZEH HOVEIDARAD 683 LOS OLIVOS DR SANTA CLARA CA 95050
517-29-004 FRANK J & JUDITH M MARSHALL 14510 BIG BASIN WAY #265 SARATOGA CA 95070
517-29-005 HARISH BELUR 14664 BIG BASIN WAY #C SARATOGA CA 95070
517-29-006 WING-HONG PATRICK LIN 1141 FAIRVIEW AVE #M ARCADIA CA 91007
517-29-007 HENSLIN FAMILY TR 14666 A3 BIG BASIN WAY 3 SARATOGA CA 95070
517-29-008 JENNIFER BOLDRINI 14666 B BIG BASIN WAY SARATOGA CA 95030
517-29-009 MI SOOK & YONGTAE KIM 14666 C BIG BASIN WAY #C SARATOGA CA 95070
517-29-010 FRANK J & JUDITH M MARSHALL 14510 BIG BASIN WAY #265 SARATOGA CA 95070
517-29-011 KAREN A GENOVESE 14650 BIG BASIN WAY #C SARATOGA CA 95070
517-29-012 GAYLEN W & ELIZABETH LEISHMAN 14510 BIG BASIN WAY SARATOGA CA 95070
517-29-013 WON KOO & JEONG OK LEE 14652 B BIG BASIN WAY SARATOGA CA 95070
517-29-014 LIFEN & CAI LIHONG FANG 14652 BIG BASIN WAY #A SARATOGA CA 95070
517-29-015 MARILYN H BOWERS 675 SHARON PARK DR #217 MENLO PARK CA 94025
517-29-016 SUSAN NAZHAND 14652 BIG BASIN WAY #C SARATOGA CA 95070
517-29-017 CELLAR BARBARA C TR 14654 BIG BASIN WAY #A SARATOGA CA 95070
517-29-018 EUGENE & JULIA SATSUTA 14654 BIG BASIN WAY SARATOGA CA 95070
517-29-019 JHEE CHULL M MUN 14654 BIG BASIN WAY #23 SARATOGA CA 95070
517-29-020 SANDRA L HAYDON 135 ALTURA VISTA LOS GATOS CA 95032
517-29-021 MICHELLE LIN 14656 C BIG BASIN WAY #C SARATOGA CA 95070
517-29-022 HAU CHING LIAO 13937 LYNDE AVE SARATOGA CA 95070
517-29-023 MARGARET C BURRELL 14658 A BIG BASIN WAY #9 SARATOGA CA 95070
517-29-024 CHI WEI FAN 14658 C25 BIG BASIN WAY 26 SARATOGA CA 95070
517-29-025 ROBERT N BLANCHARD 14658 B BIG BASIN WAY SARATOGA CA 95070
517-29-026 GEORGE E & COSENTINO PAUL COSENTINO-ROU 6585 LITTLE FALLS DR SAN JOSE CA 95120
517-29-027 DOUGLAS A LOVIN 14660 A BIG BASIN WAY SARATOGA CA 95070
517-29-028 STANLEY CHANG 14660 BIG BASIN WAY #C SARATOGA CA 95070
517-29-029 SHANTI DEV 14660 BIG BASIN WAY #D SARATOGA CA 95070
Number Noticed 250
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Advanced Listing Services
Ownership Listings & Radius Maps
P.O. Box 2593 •Dana Point, CA •92624
Office: (949) 361-3921 •Fax: (949) 361-3923
www.Advancedlisting.com
Subject APN: 503-25-013 Address: 14639 BIG BASIN WAY
500’ Radius SARATOGA CA 95070
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REPORT TO THE PLANNING COMMISSION
Meeting Date: July 25, 2012
Application: ZOA12-0009 – Zoning Amendment
Location: City Wide
Applicant/Owner: City of Saratoga
Staff Planner: James Lindsay, Community Development Dir.
RECOMMENDED ACTION:
Adopt the resolution recommending approval of the modifications to Article 15-16 to the
City Council.
BACKGROUND:
At its May 16, 2012 meeting, the City Council directed the Planning Commission to
update the regulations within Article 15-16 P-C District with the following provisions:
• Specific findings on public benefit to the community;
• Updates to Article 15-16 P-C District would create boundaries for exceptions;
• Updates would enhance transparency and clarity in the project review process.
The May 16th City Council staff report, meeting minutes, and the existing text of Article
15-16 have all been provided as attachments to this report.
The Planning Commission opened the public hearing at its meeting of July 11, 2012 and
provided comments to staff after considering a draft set of modifications to Article 15-16.
SUMMARY:
The attached ordinance includes changes recommended by the Commission on July 11th
with additional refinements made by the City Attorney’s Office. These changes are
highlighted in the draft ordinance. Staff will make a presentation on the status of the two
subdivisions currently zoned with the P-C District.
ATTACHMENTS:
1. Resolution
Exhibit A – Draft Ordinance Modifying Article 15-16
2. 5/16/12 City Council staff report
3. 5/16/12 City Council minutes
4. Current text of Article 15-16
1
154
Attachment 1
CITY OF SARATOGA PLANNING COMMISSION
RESOLUTION NO: 12-036
Application ZOA12-0009
City of Saratoga
The City of Saratoga Planning Commission finds and determines as follows with respect to the
above-described application:
I. Project Summary
The amendments to the Planned Community District, established in 1964, provide the City
an additional tool to consider more flexible land use and design standards for projects that further
the goals and policies of the General Plan.
II. Planning Commission Review
On July 11, 2012 and July 25, 2012, the Planning Commission held a duly noticed Public
Hearing on the Project at which time all interested parties were given a full opportunity to be heard
and to present evidence and argument. The Planning Commission considered the Project, the Staff
Report on the Project, correspondence, presentations from the public, and all testimony and other
evidence presented at the Public Hearing.
III. Environmental Review
The proposed amendments to the City Code are Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor
Alteration to Land Use Limitations, 15308 – Actions by Regulatory Agencies for Protection of
the Environment, and 15061(b)(3) - The general rule that CEQA applies only to projects which
have the potential of causing a significant effect on the environment. 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.
IV. Project Recommendation
After careful consideration of the staff report and other materials, exhibits and evidence
submitted to the City in connection with this matter, the Planning Commission of the City of
Saratoga does hereby recommend the City Council adopt an ordinance which would modify City
Code Article 15-16 (P-C District) by establishing modified regulations in granting land use and
design flexibility for certain projects.
PASSED AND ADOPTED by the City of Saratoga Planning Commission this 25th day of July
2012 by the following vote:
155
2
Application No. ZOA12-0009
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Tina K. Walia
Chair, Planning Commission
Exhibit A – Proposed Zoning Code Amendments
156
Exhibit A
PLANNING COMMISSION RECOMMENDED AMENDMENTS TO
ARTICLE 15-16 OF THE SARATOGA CITY CODE
The Planning Commission recommends that the Saratoga City Code be amended as set
forth below. Text to be added is indicated in bold double‐underlined font (e.g., double‐
underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in
standard font is readopted by this ordinance.
Article 15‐16 ‐ P‐C: PLANNED COMBINED COMMUNITY DISTRICT
15‐16.010 ‐ Purposes of Article.
The purpose of the P‐C combined district is to provide the City the authority to
modify standards of development in an underlying zoning district so as to achieve the
following objectives:
a) To provide a means of guiding development or redevelopment of properties in
areas of the City that are uniquely suited for a variety in design and development
patterns and standards.
b) To provide greater flexibility of land use and design for a development that
provides a public benefit that would not otherwise be attainable through strict
application of the zoning regulations. A public benefit could include, but not
limited to, buildings that exceed the City’s green building standards and/or
provided community facilities that are open to the public.
c) To encourage innovative designs in a development that achieves one or more
specific goals and policies of the General Plan that would otherwise not be
attainable through strict application of the zoning regulations due to unique site
characteristics.
It is not the intent of the P‐C district to allow more residential units than would
normally be allowed by the existing residential zoning district on the property unless
otherwise allowed by the General Plan.
In certain instances, the objectives of the Zoning Ordinance may be achieved by the
development of a residential community primarily for a common green development or for
persons desiring smaller residences or dwelling units than economically feasible under
existing zoning districts, and which combines a number of uses in order to develop a living
environment in conformity with the General Plan. The planned community district is
intended to accomplish this purpose and may include a combination of single or multiple
157
Exhibit A
dwelling uses together with ancillary uses of recreational centers, social halls, restaurants,
medical centers and other related facilities. In order to provide locations for well‐planned
community facilities which conform with the objectives of the Zoning Ordinance, although
they may deviate in certain respects from existing district regulations, property may be
rezoned to a new combined residential district, provided the development complies with
the regulations prescribed in this Article.
15‐16.020 ‐ Combination with other districts.
A planned community combined district may be combined with any R‐1 district or
any R‐M zoning district upon the granting of a change of zone to a combined district in
accord with the provisions of this Article. A planned community combined district shall be
designated by the symbol "P‐C" following the zoning district designation with which it is
combined.
15‐16.030 ‐ Permitted and conditional uses.
No use shall be established or changed upon the property as to with which the P‐C
district is combined unless approved on the basis of the general site development plan
provided pursuant to Section 15‐16.060(a). The following permitted uses shall be allowed
in a P‐C district The types of uses which may be established or changed on the basis of such
development plan include, but are not limited to:
(a) Single‐family, two‐family or three‐family dwellings, or a combination thereof,
together with all other permitted uses in an R‐1 district, shall be permitted in an
R‐1 district which is combined with a P‐C district. The dwelling units shall be
single‐story unless otherwise approved by the Planning Commission.
(b) Single‐family and multi‐family dwellings, or a combination thereof, together with
all other permitted uses in an R‐M district, shall be permitted in an R‐M district
combined with a P‐C district. The dwelling units shall be single‐story unless
otherwise approved by the Planning Commission.
(c) Community centers, private recreational centers, social halls, lodges, clubs,
restaurants and medical centers, to be used by the residents of the planned
community district and their guests.
15‐16.040 ‐ Conditional uses.
The following conditional uses may be allowed in a P‐C district, upon the granting
of a use permit pursuant to Article 15‐55 of this Chapter:
(a) All conditional uses as may be allowed in an R‐1 district, may be allowed in an R‐
1 district which is combined with a P‐C district.
158
Exhibit A
(b) All conditional uses as may be allowed in an R‐M district, may be allowed in an
R‐M district which is combined with a P‐C district.
15‐16.0540 ‐ Standards.
(a) Standards for of site area and dimensions, site coverage, density of dwelling
units,residential density setback areas, types of structures, distances between
structures, fences, walls and hedges, signs and off‐street parking facilities shall in
the aggregate be at least equivalent to the standards prescribed by the
regulations for the district with which a planned community district is combined
be consistent with the General Plan.
(b) Height of structures shall not exceed the maximum height of any building
prescribed by the regulations for the zoning district then existing on a property
when the P‐C district is combined with it.
(c) Except for height and density as (provided for in (a) and (b) above), the The
Planning CommissionCity Council shall have authority to grant exceptions to the
regulations in this Chapter pertaining to site frontage, width and depth, site
coverage, front, side and rear setback areas, distances between structures,
fences, walls and hedges, and accessory structures at the time of tentative
subdivision approval,development standards without compliance with the
provisions of Article 15‐70 of this Chapter relating to variances.
(c) Any P‐C area shall contain a common green unless specifically waived by the
Planning Commission. The Planning Commission may recommend and the City
Council may require any development on property as to which the P‐C district
has been combined, and as to which a general site development plan is required,
to contain a common green and/or other common area features.
15‐16.060 ‐ Reclassification procedure.
The procedure set forth in Article 15‐85 of this Chapter shall apply to applications
for a change of zone to a combined planned community combined district (including
Section15‐85.090 Conditional Reclassification), subject to the following exceptions and
provisions:
(a) Each reclassification to a planned community district shall be a conditional
reclassification in accord with Section 15‐85.090, and each such conditional
reclassification shall in all cases include the following minimum conditions:
(1) That the entire site shall be developed in accord with a final site development
plan previously approved by the Planning Commission and that building
permits shall have been issued and construction commenced on all
159
Exhibit A
structures shown on such site development plan or particular units thereof
no later than one year from the date of adoption of the Reclassification
Ordinance.
(2) The owner shall be required to enter into a written contract with the City,
secured by good and sufficient bond or bonds, agreeing to be responsible for
the care, maintenance and operation of all areas, buildings and facilities not
dedicated to public use, but intended for the common use of the residents of
the development.
(b) Each application for a reclassification shall be accompanied by a tentative map
for either site approval or subdivision approval in accordance with the
provisions contained in the Subdivision Ordinance, together with the proposed
procedure to be followed to insure the care, maintenance and operation of all
common areas covered by the agreement referred to in subsection (a)(2) of this
Section.
(a) The drawing to be furnished with the application, as required under Section 15‐
85.030, shall be a general site development plan of the entire development
drawn to scale and showing the contours of the site at intervals of not more than
five feet, and shall in addition include all of the following information:
(1) Proposed land use densities, population densities, building intensities and
parking areas, particularly showing those areas and buildings, if any,
intended for the common use or benefit of all residents of the development.
(2) Proposed circulation pattern, indicating both public and private streets.
(3) Proposed parks, playgrounds, school sites, and other open spaces.
(4) General delineation and location of each and every building and structure,
the proposed use of each building and structure and a schedule for the
construction of each building and structure.
(5) Any other information deemed necessary by the Community Development
Director.Relation of the development to future land use in the surrounding
area and to the General Plan.
(b) The Planning Commission may recommend and the City Council may adopt a
change of zone to a planned community combined district as applied for or in
modified and/or conditional reclassification form if, on the basis of the
application and the evidence submitted, the Commission and/or the Council
make the finding that the change is required to achieve the objectives of the
Zoning Ordinance set forth in Section 15‐05.020, and can make the following
additional findings:
160
Exhibit A
(1) That the proposed location of the planned community combined district is in
accord with the objectives of the General Plan and the purposes of the district
in which the site is located.
(2) That the proposed planned community district will comply with each of the
applicable provisions of this Chapter.
(2) That standards of site area and dimensions, site coverage, setback areas,
heights of structures, distance between structures, fences, walls and hedges,
signs, rights‐of‐way and off‐street parking facilities for the development will
produce an environment of stable and desirable character consistent with
the overall objectives of the Zoning Ordinance and the General Plan and
Zoning Ordinance.
(3) That the combination of different uses in the development will
complimentcomplement each other and will harmonize withnot adversely
affect existing and proposed land uses in the vicinity or the public health,
safety and welfare.
(4) The application of the combined district furthers two or more of the
purposes contained within Section 15‐16.010.
(c) The owner may be required to enter into a written contract with the City
agreeing to be responsible for the care, maintenance and operation of all areas,
buildings and facilities not dedicated to public use, but intended for the common
use within the development.
15‐16.070 ‐ Design review.
All structures for multi‐family and conditional commercial uses in a planned
community overlay combined district shall be subject to design review approval pursuant
to Article 15‐46 of this Chapter. Single‐family structures shall be subject to design review
approval when otherwise required under the provisions of Article 15‐45 of this Chapter.
15‐16.080 ‐ Dedication of common green.
Where a planned community district is combined with an R‐1‐20,000 or an R‐1‐
40,000 district, in lieu of the owner setting aside areas for the common benefit of the
residents and remaining obligated for the care, maintenance and operation of the same, he
may instead dedicate such areas or portions thereof to the City for public parks or
recreation uses, so long as no less than fifty percent of the entire site area is either
dedicated or set aside for private common use or any combination thereof. Each site
development plan which shows any proposed dedication for park or recreation use shall
161
Exhibit A
first be submitted to the Parks and Recreation Commission for a report and
recommendation prior to action thereon by the Planning Commission. Nothing herein
contained shall preclude the City from refusing to accept any offer of dedication not
deemed
162
SARATOGA CITY COUNCIL
MEETING DATE:May 16, 2012 AGENDA ITEM:
DEPARTMENT:Community Development CITY MANAGER: Dave Anderson
PREPARED BY: James Lindsay DIRECTOR: James Lindsay
SUBJECT: Provide Direction on P-C District Modifications
RECOMMENDED ACTION:
Provide direction to the Planning Commission on updating the regulations within Article 15-16,
P-C District.
BACKGROUND:
Article 15-16 (Planned Community P-C District) of the City Code was created in 1964 and was
updated once in 2006 for city-wide changes related setback areas and second-units. A Planned
Community District is similar to Planned Unit Development (PUD) which is specifically
referred to in California land use law as a means by which cities may create a unique set of
zoning standards for property(ies) included within a development. The consideration of a PUD
is typically a legislative act by the local agency versus a permit approved by a planning
commission. The P-C District was enacted in Saratoga during a time when much of the City was
still open land that could be subdivided into housing tracts containing a “combination of single
or multiple dwelling uses together with ancillary uses of recreational centers, social halls,
restaurants, medical centers and other related facilities.” The City’s residential areas are now
predominately built-out and there are no meaningful opportunities for developments of this scale
within the City.
DISCUSSION:
The City has historically utilized Section 15-55.030 (Variation from Standards for Conditional
Uses) to grant some flexibility in zoning standards for conditional uses through the use permit
process. This flexibility was only granted when a conditional use was required for a property but
the development standards in the underlying zoning district unduly restricted the use from
efficient operation. Recent examples include variations granted for churches, private schools
and stables on residentially zoned land. Quasi-public uses develop at much different standards
than single family homes.
Other typical methods of providing flexibility as to zoning standards are through the variance
process (which requires very narrowly defined findings) and the PUD processes which requires
legislative action by the City Council. Another flexible zoning tool is an overlay zone (such as
the City’s existing P-C District which can provide standards that are unique to a particular area
within a pre-existing zoning district (not only residential, but community facility, commercial
and other districts).
The City Council may wish to consider updating the existing P-C District so that can be used to
grant design flexibility for a greater variety of uses and projects similar to the process discussed
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above and not rely exclusively on Section 15-55.030 – Variation from Standards for Conditional
Uses.
FISCAL IMPACT:
None, staff will prepare any ordinance modifications directed by the City Council.
ATTACHMENTS:
1. Article 15-16
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MILLER/CAPPELLO MOVED TO APPROVE A $1625 COMMUNITY EVENT
GRANT REQUEST FOR THE INDEPENDENCE DAY CELEBRATION.
MOTION PASSED 5-0-0.
10. Provide Direction on P-C District Modifications
Recommended action:
Provide direction to the Planning Commission on updating the regulations within
Article 15-16 P-C District.
Community Development Director James Lindsay presented the staff report.
Mayor Page invited public comment on the item.
The following people requested to speak:
Kathleen Casey
Jeff Schwartz, San Marcos Road
No one else requested to speak on the item.
CAPPELLO/LO MOVED TO DIRECT THE PLANNING COMMISSION TO
UPDATE THE REGULATIONS WITHIN ARTICLE 15-16 P-C DISTRICT
WITH THE FOLLOWING PROVISIONS:
-SPECIFIC FINDINGS ON PUBLIC BENEFIT TO THE COMMUNITY;
-UPDATES TO ARTICLE 15-16 P-C DISTRICT WOULD CREATE
BOUNDARIES FOR EXCEPTIONS;
-UPDATES WOULD ENHANCE TRANSPARENCY AND CLARITY IN
THE PROJECT REVIEW PROCESS.
MOTION PASSED 5-0-0.
11. The Fall 2012 Saratogan
Recommended action:
Accept report and direct staff accordingly.
Mainini Cabute, Administrative Analyst II in the City Manager’s Office, presented
the staff report.
Vice Mayor Hunter expressed concerns that the Saratogan is difficult to find in the
Recreation Activity Guide, noted that she liked the feature of the Parks and
Recreation Commission, and suggested that the newsletter include a listing of
upcoming events.
Council Member Cappello said he liked the proposals for the newsletter theme and
primary article topics. He suggested including descriptions and status updates of
capital improvement projects that are underway.
Council Member Miller suggested adding information about the City’s Community
Emergency Response Team. Additionally, an update on potential changes to the
City’s street sweeping would be a good topic once the changes are decided upon.
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Saratoga, California, Code of Ordinances >>Chapter 15 - ZONING REGULATIONS >> Article 15-16 - P
-C: PLANNED COMMUNITY DISTRICT >>
Article 15-16 - P-C: PLANNED COMMUNITY DISTRICT
Sections:
15-16.010 - Purposes of Article.
15-16.020 - Combination with other districts.
15-16.030 - Permitted uses.
15-16.040 - Conditional uses.
15-16.050 - Standards.
15-16.060 - Reclassification procedure.
15-16.070 - Design review.
15-16.080 - Dedication of common green.
15-16.010 - Purposes of Article.
In certain instances, the objectives of the Zoning Ordinance may be achieved by the
development of a residential community primarily for a common green development or for
persons desiring smaller residences or dwelling units than economically feasible under
existing zoning districts, and which combines a number of uses in order to develop a living
environment in conformity with the General Plan. The planned community district is intended
to accomplish this purpose and may include a combination of single or multiple dwelling uses
together with ancillary uses of recreational centers, social halls, restaurants, medical centers
and other related facilities. In order to provide locations for well-planned community facilities
which conform with the objectives of the Zoning Ordinance, although they may deviate in
certain respects from existing district regulations, property may be rezoned to a new combined
residential district, provided the development complies with the regulations prescribed in this
Article.
15-16.020 - Combination with other districts.
A planned community district may be combined with any R-1 district or any R-M district
upon the granting of a change of zone to a combined district in accord with the provisions of
this Article. A planned community district shall be designated by the symbol "P-C" following the
district designation.
15-16.030 - Permitted uses.
The following permitted uses shall be allowed in a P-C district:
Single-family, two-family or three-family dwellings, or a combination thereof,
together with all other permitted uses in an R-1 district, shall be permitted in an R
-1 district which is combined with a P-C district. The dwelling units shall be single
-story unless otherwise approved by the Planning Commission.
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Single-family and multi-family dwellings, or a combination thereof, together with
all other permitted uses in an R-M district, shall be permitted in an R-M district
combined with a P-C district. The dwelling units shall be single-story unless
otherwise approved by the Planning Commission.
Community centers, private recreational centers, social halls, lodges, clubs,
restaurants and medical centers, to be used by the residents of the planned
community district and their guests.
15-16.040 - Conditional uses.
The following conditional uses may be allowed in a P-C district, upon the granting of a
use permit pursuant to Article 15-55 of this Chapter:
All conditional uses as may be allowed in an R-1 district, may be allowed in an R
-1 district which is combined with a P-C district.
All conditional uses as may be allowed in an R-M district, may be allowed in an R
-M district which is combined with a P-C district.
(Amended by Ord. 245 § 2 (Att. A) (part), 2006)
15-16.050 - Standards.
Standards of site area and dimensions, site coverage, density of dwelling units, setback
areas, types of structures, distances between structures, fences, walls and hedges,
signs and off-street parking facilities shall in the aggregate be at least equivalent to the
standards prescribed by the regulations for the district with which a planned community
district is combined.
The Planning Commission shall have authority to grant exceptions to the regulations in
this Chapter pertaining to site frontage, width and depth, site coverage, front, side and
rear setback areas, distances between structures, fences, walls and hedges, and
accessory structures at the time of tentative subdivision approval, without compliance
with the provisions of Article 15-70 of this Chapter relating to variances.
Any P-C area shall contain a common green unless specifically waived by the Planning
Commission.
(Amended by Ord. 245 § 2 (Att. A) (part), 2006)
15-16.060 - Reclassification procedure.
The procedure set forth in Article 15-85 of this Chapter shall apply to applications for a
change of zone to a combined planned community district, subject to the following exceptions
and provisions:
Each reclassification to a planned community district shall be a conditional
reclassification in accord with Section 15-85.090, and each such conditional
reclassification shall in all cases include the following minimum conditions:
That the entire site shall be developed in accord with a final site
development plan previously approved by the Planning Commission and
that building permits shall have been issued and construction commenced
on all structures shown on such site development plan or particular units
thereof no later than one year from the date of adoption of the
Reclassification Ordinance.
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The owner shall be required to enter into a written contract with the City,
secured by good and sufficient bond or bonds, agreeing to be responsible
for the care, maintenance and operation of all areas, buildings and
facilities not dedicated to public use, but intended for the common use of
the residents of the development.
Each application for a reclassification shall be accompanied by a tentative map
for either site approval or subdivision approval in accordance with the provisions
contained in the Subdivision Ordinance, together with the proposed procedure to
be followed to insure the care, maintenance and operation of all common areas
covered by the agreement referred to in subsection (a)(2) of this Section.
The drawing to be furnished with the application, as required under Section 15-
85.030, shall be a general site development plan of the entire development
drawn to scale and showing the contours of the site at intervals of not more than
five feet, and shall in addition include all of the following information:
Proposed land uses, population densities, building intensities and parking
areas, particularly showing those areas and buildings, if any, intended for
the common use or benefit of all residents of the development.
Proposed circulation pattern, indicating both public and private streets.
Proposed parks, playgrounds, school sites, and other open spaces.
General delineation and location of each and every building and structure,
the proposed use of each building and structure and a schedule for the
construction of each building and structure.
Relation of the development to future land use in the surrounding area
and to the General Plan.
The Planning Commission may recommend and the City Council may adopt a
change of zone to a planned community district as applied for or in modified form
if, on the basis of the application and the evidence submitted, the Commission
and the Council make the finding that the change is required to achieve the
objectives of the Zoning Ordinance set forth in Section 15-05.020, and make the
following additional findings:
That the proposed location of the planned community district is in accord
with the objectives of the General Plan and the purposes of the district in
which the site is located.
That the proposed planned community district will comply with each of the
applicable provisions of this Chapter.
That standards of site area and dimensions, site coverage, setback areas,
heights of structures, distance between structures, fences, walls and
hedges, signs, rights-of-way and off-street parking facilities for the
development will produce an environment of stable and desirable
character consistent with the objectives of the Zoning Ordinance and the
General Plan.
That the combination of different uses in the development will compliment
each other and will harmonize with existing and proposed land uses in the
vicinity.
(Amended by Ord. 245 § 2 (Att. A) (part), 2006)
15-16.070 - Design review.
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All structures for multi-family and conditional uses in a planned community district shall
be subject to design review approval pursuant to Article 15-46 of this Chapter. Single-family
structures shall be subject to design review approval when required under the provisions of
Article 15-45 of this Chapter.
15-16.080 - Dedication of common green.
Where a planned community district is combined with an R-1-20,000 or an R-1-40,000
district, in lieu of the owner setting aside areas for the common benefit of the residents and
remaining obligated for the care, maintenance and operation of the same, he may instead
dedicate such areas or portions thereof to the City for public parks or recreation uses, so long
as no less than fifty percent of the entire site area is either dedicated or set aside for private
common use or any combination thereof. Each site development plan which shows any
proposed dedication for park or recreation use shall first be submitted to the Parks and
Recreation Commission for a report and recommendation prior to action thereon by the
Planning Commission. Nothing herein contained shall preclude the City from refusing to
accept any offer of dedication not deemed to be in the best interests of the City.
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