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HomeMy WebLinkAbout01-14-2009 Planning Commission Packet CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, January 14, 2009 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Joyce Hlava, Rishi Kumar, Robert Kundtz, Linda Rodgers, Yan Zhao and Chair Manny Cappello PLEDGE OF ALLEGIANCE: MINUTES: Minutes from the Regular Planning Commission Meeting of December 10, 2008 ORAL COMMUNICATION: Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning Commission direction to Staff. ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF: REPORT OF POSTING AGENDA: REPORT OF APPEAL R IGHTS: 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). CONSENT CALENDAR: PUBLIC HEARINGS: All interested persons may appear and be heard at the above time and place. Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the Public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. 1. APPLICATION #PSP08-0003 (366-12-054) Goodere, 12333 Saratoga-Sunnyvale Road - The applicant requests Planning Commission approval to construct and display a free standing identification sign. The sign will be approximately 34 sq. ft. in size. Sign materials include a concrete base, aluminum skin, lettering and numbers. Sign colors include white, black and warm gray. The sign will be externally illuminated with a 20 watt halogen uplight. Per Saratoga Municipal Code (SMC) Section 15-30.060 (a), illuminated signs require Planning Commission approval. The property location is approximately 45,000 sq. ft. and the zoning is Commercial-Visitor (CV). (Michael Fossati) 2. APPLICATION #PDR08-0028 (517-20-027) Jensen, 14890 Montalvo Road - The applicant requests Design Review approval to construct a second-story addition to an existing single-story single-family residence. The project will add 135 square feet to the ground level and 1,028 square feet to a new second story for a total floor area of 4,967 square-feet. No trees are proposed for removal. The proposed height of the home is less than 26 feet. The lot is 20,794 square feet and the site is zoned R-1-20,000. ((Cynthia McCormick)) 1 DIRECTORS ITEM: COMMISSION ITEMS: COMMUNICATIONS: ADJOURNMENT TO NEXT MEETING: - Wednesday, January 28, 2009at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Posting of Agenda: I, Abby Ayende, Office Specialist for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission of the City of Saratoga was posted on January 8, 2009, at the office of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us If you would like to receive the Agenda’s via e-mail, please send your e-mail address to planning@saratoga.ca.us NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us 2 MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, December 10, 2008 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Cappello called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Cappello, Hlava, Kumar, Rodgers and Zhao Absent: Commissioner Kundtz Staff: Director John Livingstone, Assistant Planner Cynthia McCormick, Assistant Planner Michael Fossati and Assistant City Attorney Jonathan Wittwer PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of November 12, 2008. Motion: Upon motion of Commissioner Rodgers, seconded by Commissioner Hlava, the Planning Commission minutes of the regular meeting of November 12, 2008, were adopted with edits to pages 15,18,21,22 and 26. (5-0-1; Commissioner Kundtz was absent) ORAL COMMUNICATION There were no Oral Communications. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on December 4, 2008. REPORT OF APPEAL RIGHTS Chair Cappello announced that appeals are possible for any decision made on this Agenda by filing 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). CONSENT CALENDAR There were no Consent Calendar items. 3 Saratoga Planning Commission Minutes of December 10, 2008 Page 2 *** PUBLIC HEARING - ITEM NO. 1 APPLICATION #CUP08-0014 (517-09-060) – Maria Tran, 14554 Big Basin Way: The applicant is requesting Conditional Use Permit approval to establish a restaurant in an existing 1,700 square foot vacant tenant space. Knitting Arts formerly occupied the space. The gross lot size is approximately 5,400 square feet and the site is zoned CH-1. (Michael Fossati) Mr. Michael Fossati, Assistant Planner, presented the staff report as follows: • Read a change to Section 1 of the draft resolution on the middle of page 2, “After careful consideration of the proposed use and exhibits submitted in connection with this matter, the exemption from CEQA is approved and required findings being made that the application of CUP 08-0014 for a Conditional Use Permit approval for Teas the Season, LLC, is hereby granted subject to the following conditions.” • Reported that the applicant, Ms. Maria Tran, is requesting Conditional Use Permit approval to operate a restaurant in the Village. • Explained that per Code requirements, a Use Permit is required. The scope of this project is such that it is Categorically Exempt under CEQA. • Stated that the project site is located at 14554 Big Basin Way and the tenant space consists of approximately 1,700 square feet and includes a small kitchen, office, retail/café area, a private party area and a bathroom. • Added that approval is also required for the proposed outdoor seating in both the front and rear of the tenant space. • Advised that staff has calculated approximately 450 square feet of potential outdoor seating area available. • Said that a neighbor notification mailing was sent out and the applicant has submitted signed forms for several neighboring businesses in the Village. • Advised that the upstairs neighbor raised an issue about potential heat and ventilation impacts from this proposed use. Staff advised this neighbor of the Code requirements for proper hoods that are specifically designed to move heat away from the building as well as to stimulate ventilation. The tenant was satisfied with this mitigation and had no further comments. No other comments were received. • Explained that the proposed hours of operation are included in the staff report and the applicant is asking for extended evening hours between 6 and 9 p.m. on weekends. • Stated that the parking requirement is waived as long as surplus parking remains available. He added that 450 square feet would be deducted from the parking surplus as a result of the added outdoor seating area. This leaves approximately 2,500 square feet in available parking surplus. • Reported that a six square foot sign has been submitted for review and is in the report as Attachment 6. • Concluded that staff finds this request to be consistent with Code and with the Village Plan. 4 Saratoga Planning Commission Minutes of December 10, 2008 Page 3 Commissioner Zhao asked how many seats could be accommodated in 450 square feet of outdoor space. Planner Michael Fossati said that it would depend upon the furniture used. He explained that the applicant plans to utilize the rear courtyard first and expand into the frontage area in the future. Commissioner Kumar asked if the front seating is proposed as optional. Planner Michael Fossati replied correct. He reiterated that it is not planned immediately but they would like the option to have it in the future. Commissioner Kumar asked if the impacts of the front outdoor seating area on the adjacent tenant had been discussed with that tenant. Planner Michael Fossati reported that the adjacent tenant is hoping that this project is approved. They are excited and signed off on the notification form as supportive. Commissioner Kumar asked if they had no problems with the proposed outdoor seating in relation to their access to their front doorway. Planner Michael Fossati explained that Rockwood Design uses the side door rather than the front. He added that these two tenants have a good rapport and can get anything worked out. Commissioner Kumar said that the back area is a quiet spot. He asked if the front outdoor seating area would include chaining the furniture in place to prevent it from being moved onto the front sidewalk. Planner Michael Fossati said that the plan is not yet specific for the front outdoor seating area. He added that the conditions call for high quality outdoor furniture. Commissioner Kumar said he is not concerned for loss of furniture as much as preventing the encroachment of the furniture onto the sidewalk thus impeding pedestrian passage. Commissioner Rodgers asked if the hours of operation need to be specified in the conditions. Planner Michael Fossati replied no. Commissioner Kumar asked how many extra parking spaces are required. Planner Michael Fossati reminded that there is a parking surplus in this District so no additional parking is required. However, staff will remove the outdoor seating square footage from the parking surplus square footage total available. Commissioner Zhao asked if language should be added to the conditions requiring the outdoor seating to be approved by the Community Development Director. 5 Saratoga Planning Commission Minutes of December 10, 2008 Page 4 Planner Michael Fossati replied yes. Commissioner Kumar pointed out that the parking surplus provision is in effect until February 2009. He asked how and when it gets applied to this Use Permit. Planner Michael Fossati explained that the surplus is tied to this application once the submittal is deemed to be complete. Commissioner Kumar asked how an application is deemed complete. Planner Michael Fossati replied that an application is deemed complete once the applicant has submitted all required materials for Planning Commission consideration. This project was deemed complete in mid-November. Commissioner Hlava: • Said that the outdoor seating requested for the back of this tenant space does not do much to enhance the appearance of the street. • Asked if that back outdoor area was not directly located off the kitchen. • Stated that her preference would be to have only the front outdoor seating. It is a perfect place and is more visible to foot and vehicular traffic. • Said that she hopes the applicant will address this issue. • Supported the requirement that the Director approve the outdoor furniture. Commissioner Rodgers: • Asked if Attachments 4 and 5 are considered a part of the referenced Exhibit A. • Suggested that Attachment 6 (the sign request) also be included. • Said that it behooves the City to allow the maximum number of hours and outdoor seating space possible in case this business takes off better than they expect. City Attorney Jonathan Wittwer said that there are no specified hours in the conditions of approval as recommended by staff to offer the applicant some flexibility. Commissioner Rodgers asked if end hours could/should be imposed. City Attorney Jonathan Wittwer said that is up to the Commission. Commissioner Rodgers asked if that means that it could go all night. City Attorney Jonathan Wittwer said as it is right now, yes. Commissioner Rodgers asked again if all attachments are part of Exhibit A. Planner Michael Fossati replied yes. Chair Cappello opened the public hearing for Agenda Item No. 1. Ms. Maria Tran, Applicant: 6 Saratoga Planning Commission Minutes of December 10, 2008 Page 5 • Thanked the Commission for their time. • Explained that they plan to try out evening hours as well as front patio seating. The back patio is an additional option if customers want more privacy. • Assured that they want outdoor seating at the front also. Commissioner Kumar asked Ms. Maria Tran if she has spoken with the owners of Rockwood Designs. Ms. Maria Tran said not personally. She explained that the landlord had told her that the front patio is mostly for the use of her tenant space. Commissioner Kumar asked when the front or back outdoor seating would be implemented. Ms. Maria Tran replied that it would depend on when they open. Commissioner Kumar asked if they would start with both. Ms. Maria Tran said that they may in order to see what their patrons like best. Commissioner Zhao asked Ms. Maria Tran if she has a plan for the outdoor seating, as the Commission generally likes to see a conceptual layout of what they are approving. Ms. Maria Tran said that they do not have a specific plan for the furniture or layout yet. Chair Cappello reminded that this sort of detail has been left to the discretion of the Director in the past. Commissioner Zhao agreed. Chair Cappello asked about the request for extended hours between 6 and 9 p.m. and whether that is for Fridays, Saturdays and Sundays. Ms. Maria Tran said that it would be for Fridays and Saturdays to start with Sundays later on. Chair Cappello asked about the rest of the week. Ms. Maria Tran said it would depend on business. Chair Cappello said it appears that they will close on Mondays and Tuesdays. Ms. Maria Tran said that is planned right now but could change. Chair Cappello asked Ms. Maria Tran if she would object to a condition of approval establishing a minimum number of operational hours. 7 Saratoga Planning Commission Minutes of December 10, 2008 Page 6 Director John Livingstone cautioned that the City should not force a business to be open. He reminded that this is a new business for them. He added that start and close hours could be imposed and allow the applicant to work within that range. Commissioner Zhao asked Ms. Maria Tran if this is her first shop. Ms. Maria Tran replied yes. Mr. Chendru Idnani, Resident on Bellgrove Circle: • Suggested that it might be safer to have the outdoor seating in front enclosed within fencing. • Questioned what kind of restaurant this would be? Vietnamese? Chinese? Ms. Maria Tran explained that they would operate an English Tea Room serving scones, sandwiches and a variety of teas. Chair Cappello closed the public hearing for Agenda Item No. 1. Chair Cappello: • Stated that the concept for this business is nice and will be unique and lend itself nicely to the historic Village. • Said that his concern is over operational hours and the need to revitalize the Downtown and increase foot traffic. • Added that businesses in the Downtown should be open in the evenings to give people a reason to come there in the evenings. • Concluded that it is his intent to try and have assurances of evening hours in the Village, especially on weekends. Commissioner Rodgers said that this business would be a nice draw for the Village and that her husband would be happy with the scones. City Attorney Jonathan Wittwer said that this business couldn’t legally be required to be open assigned hours. They can, however, be given a range of allowable operational hours within which they can choose to operate. Commissioner Rodgers said that there are retail items they can sell from teas to teapots, etc. Commissioner Hlava: • Stated that retail sales do not require a Use Permit so those types of items are covered. • Pointed out that any intensification to the approved Use Permit would require a return for a Modification. • Added that she is okay with the conditions as written but would like to see the outdoor seating implemented in the front. Commissioner Rodgers said that she did not want this applicant to have to come back to increase her hours through a Modification process. 8 Saratoga Planning Commission Minutes of December 10, 2008 Page 7 City Attorney Jonathan Wittwer said that there are no limits on hours right now within the conditions of approval. Commissioner Zhao: • Said that she likes the concept of a teashop. • Added that it is a nice addition to the Village. • Suggested that the subject of fencing the outdoor seating area, final selection of furniture and whether said furniture should be chained or affixed should be left to the discretion of the Director. Commissioner Rodgers pointed out that another restaurant was required to fence its outdoor seating area as an ABC (Alcohol Beverage Control) requirement since they serve alcohol to customers sitting there. Chair Cappello said that is correct. Commissioner Hlava said that this building is U-shaped and that the need for a fence is not an issue here. Commissioner Kumar: • Said he is more comfortable allowing the Director to finalize the layout of the outdoor seating. • Added that he was also supportive of not restricting hours but rather leaving that up to the applicant. • Stated that he likes the name of this business, Teas the Season, which is particularly appropriate at this time of year. • Advised that he has seen a similar type of place in Santana Row and it looks very elegant. • Said that this would be nice for the ambiance of Saratoga. • Expressed his support for this application. Commissioner Hlava asked if any changes are required to the resolution in regards to the outdoor seating. City Attorney Jonathan Wittwer: • Suggested adding text to Condition 1, “… and shall allow outdoor restaurant seating in front and in back.” • Suggested adding to Condition 6, “The outdoor seating area intensity, configuration and safety shall be subject to prior approval by the Community Development Director and shall be cleaned regularly.” Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Zhao, the Planning Commission approved a Conditional Use Permit (Application #CUP08-0014) to establish a restaurant in an existing 1.700 square foot tenant space on property located at 14554 Big Basin Way, as amended, by the following roll call vote: 9 Saratoga Planning Commission Minutes of December 10, 2008 Page 8 AYES: Cappello, Hlava, Kumar, Rodgers and Zhao NOES: None ABSENT: Kundtz ABSTAIN: None Chair Cappello congratulated the applicants and wished them good luck. *** PUBLIC HEARING - ITEM NO. 2 APPLICATION #PDR08-0002 (503-16-027) – East Estates Drive Properties, LLC, 13216 Pierce Road: The applicant requests Design Review approval to demolish an existing home and construct a new two-story single-family dwelling with a total floor area of approximately 5,159 square feet. The height of the proposed home is less than 26 feet. The applicant will plant at least 9 trees to replace trees previously removed. The gross lot size is approximately 42,750 square feet and the site is zoned R-1-40,000. (Cynthia McCormick) Ms. Cynthia McCormick, Assistant Planner, presented the staff report as follows: • Provided a change to Condition 17(i) on page 5 as follows, “… to the maximum extent reasonably feasible.” • Explained that the applicant is seeking approval to allow the demolition of an existing home and the construction of a new two-story, single-family residence consisting of approximately 5,159 square feet and a height less than 26 feet. One gas fireplace is proposed. • Informed that the Heritage Preservation Commission reviewed the existing home on this property on April 8, 2008. The home was found not to be historic. • Reported that a Study Session was held on October 21, 2008, where several neighbors attended. Several design iterations were considered including reducing the balcony area; reducing the number of windows; reducing the square footage on both the first and second floors; increasing the second story setbacks and adding additional trees for privacy. • Said that based on feedback from the neighbors and Commissioners at the Study Session, the applicant has made additional modifications to their project. Earth tone colors have been chosen for the roof tile and exterior paint. Cedar trees have been proposed in lieu of cypress trees and landscape pruning would be minimized along the driveway. • Reported that a color board is being distributed. • Said that staff is recommending that the Planning Commission approve PDR08-0002 and find the project to be Categorically Exempt from CEQA. Commissioner Rodgers thanked Planner Cynthia McCormick for sending this project to a Study Session, as it seems to have done some good. There was a few minute delay as the applicant attempted to get his computer presentation operable. Commissioner Kumar asked where the retaining wall is going. 10 Saratoga Planning Commission Minutes of December 10, 2008 Page 9 Planner Cynthia McCormick showed the location on the site plan. Chair Cappello opened the public hearing for Agenda Item No. 2. Mr. Mike Chin, Project Architect: • Said that the project site is located near the corner of Pierce Road and Saratoga- Sunnyvale Road. • Advised that they set up story poles depicting this approximately 5,100 square foot residence, 2,900 square feet being the first floor and the rest a second floor. • Stated that this is a lot with a 17 percent slope. The building is being set on an area at the front that slopes by approximately 10 percent. • Assured that they would retain the oak trees onsite and plan to plant additional native trees. • Advised that they would implement green building policies. • Reported that they have spent almost a year and made many changes to their project. The original design had a larger second floor that has been reduced so the home appears less bulky. They also reduced the second floor balcony, reduced the height of the living room ceiling and stepped down the family room to follow the contour of the site. • Provided slides of 3-D renderings of the proposed house. • Reported that the Civil Engineer for this project is available for grading and drainage questions. Commissioner Kumar asked about the retaining wall proposed for the front near the driveway and asked about the old retaining wall in the back. Would it stay or go? Ms. Cymbal, Project Civil Engineer, said that there would be two retaining walls on the property, the one in front and one behind the house. A back one will be taken out and not replaced, as it is no longer needed. Mr. Leo Lan, Resident on Pierce Road: • Said that his concern is the removal of some landscaping in order to widen the driveway per Fire Code requirements. • Added that this removal would impact their privacy. • Asked that this landscaping be preserved and/or reinstalled following construction. • Said he hopes the landscaping can be kept in place during construction to hide the construction vehicles from view as seen from his home. • Suggested that the proposed trees appear to be located too close to power lines. Ms. Karen Battia, Resident on Pierce Road: • Said that her home is located in front of this one and she wants to make sure that proper drainage is in place. • Asked the minimum sized driveway width required. Mr. Roy Overlich, Resident on Surrey Lane: • Commended staff and his new neighbors. • Pointed out that the issues raised have already been taken care of. 11 Saratoga Planning Commission Minutes of December 10, 2008 Page 10 Mr. Mike Chin, Project Architect, advised that the current grading conditions on site would be retained. Ms. Cymbal, Project Civil Engineer: • Said that drainage would be disbursed on the hillside. • Added that runoff would be disbursed and discharged on site. There would be no concentrated runoff except from the driveway, which cannot be avoided. • Assured that they would maintain the pre-existing conditions using storage, swales and/or trenches. • Advised that they would work with a Soils Engineer on this issue. • Explained that the minimum width of a driveway is 14 feet. She explained that they have added a one-foot shoulder to allow two cars passing room. Mr. Mike Chin, Project Architect: • Said that some of the trees and/or bushes along the driveway will need to be cut to widen the rood but can be replanted after construction. Chair Cappello asked Mr. Mike Chin to respond to the issues raised about construction traffic and trees being located under power lines. Mr. Mike Chin: • Said that the power lines are at the property line but trees will be planted at least five feet away from the property lines. • Advised that there is room to park approximately eight vehicles on site during construction in front of the garage. Chair Cappello asked for clarification that the parking would occur on the property itself. Mr. Mike Chin replied right. Commissioner Rodgers asked Mr. Mike Chin if netting would be installed to protect trees. Mr. Mike Chin replied yes. Commissioner Rodgers sought clarification that the darker color on the paint sample is for the body and the lighter color is for the trim. Mr. Mike Chin replied yes. Commissioner Kumar asked if a Storm Water Retention Plan is in the works. Ms. Cymbal replied no. That is part of the grading permit. Mr. Leo Lan returned and reiterated his concern about parking during construction and landscaping to be removed near the widened driveway. He asked that no landscaping be removed until construction is completed in order to retain his privacy. 12 Saratoga Planning Commission Minutes of December 10, 2008 Page 11 Mr. Mike Chin reiterated that construction vehicles would be parked on site in front of the garage area. Chair Cappello closed the public hearing for Agenda Item No. 2. Chair Cappello: • Reiterated that Mr. Lan is asking that existing shrubs be retained along the driveway during construction to screen the construction site from view as seen from his home. • Said that mitigation measures can be up for discussion by the Commission. • Stated that this is a very nice design and the evolution of the design has been quite beneficial. The Study Session process is quite good. It gives the neighbors the opportunity to express concerns, brainstorm solutions and mitigate concerns. • Said that the design has moved nicely. • Commended all parties on their time and effort. • Said he could make all the findings. • Said he was open to suggestions on the issues of construction traffic and privacy conditions. • Said that the most important aspect is that whatever landscaping is removed should be replaced. • Pointed out that construction is short term and the proposed landscape plan is quite good. Commissioner Zhao said that most of the neighbors’ concerns have been mitigated. She said that this home is well designed. She said that she could make all the findings and is happy with the conditions. Commissioner Kumar: • Expressed agreement with Chair Cappello and Commissioner Zhao’s comments. • Said that the applicant has made appropriate changes to their design, reducing the bulk, mass and made the home more compatible with the neighborhood. • Concluded that this is a good design and he can make the Design Review findings. Commissioner Rodgers: • Said that she can make all the findings. • Pointed out that this is a neighborhood of newer homes and this one will fit in nicely. • Expressed support for protecting the bushes that are so important to the adjacent neighbor and said doing so is important to maintaining a good relationship with this neighbor. • Thanked Planner Cynthia McCormick for her work including the Study Session. • Said that this project will be a good addition to this neighborhood. Commissioner Kumar said he agrees with Chair Cappello that construction time is temporary in nature Commissioner Hlava: • Admitted that she is having a hard time with this project although she appreciates the work done with the neighbors. 13 Saratoga Planning Commission Minutes of December 10, 2008 Page 12 • Explained that she has problems with views and privacy and excessive bulk. • Added that the home should be designed to step down the hill instead of being a new two- story that is sitting on top of the hill and extremely visible. • Said she would be voting against this project, as she cannot make the necessary findings to support it. • Stated that she came to the conclusion that this is the wrong house for this site when she went back to the site today. Commissioner Rodgers: • Advised that she agrees that normally a house on a slope should step down or be set into the hillside. • Pointed out that this house would look like a one-story because of the house below it that is higher than originally approved. • Added that this house has been scaled back so the bulk is reduced. Commissioner Hlava said that she is glad Commissioner Rodgers thinks that but she does not agree. Motion: Upon motion of Commissioner Zhao, seconded by Commissioner Rodgers, the Planning Commission granted Design Review Approval (Application #PDR08-0002) to demolish an existing home and construct a new two-story single-family dwelling on property located at 13216 Pierce Road, as revised, by the following roll call vote: AYES: Cappello, Kumar, Rodgers and Zhao NOES: Hlava ABSENT: Kundtz ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 3 APPLICATION #CUP08-0015 (389-12-017) – Sunnyvale Operating Company, LLC, 12900 Saratoga Avenue: The applicant is requesting Conditional Use Permit approval to establish a sleep clinic and research center in an existing 5,875 square foot tenant space. Its normal business activities will be done during standard business hours, except for sleep tests that take place from 11 p.m. to 7 a.m. the following day. The building envelope size is approximately 22,751 square feet and the site is zoned P-A. (Michael Fossati) Mr. Michael Fossati, Assistant Planner, presented the staff report as follows: • Read a small change to page 2 of the resolution, “After careful consideration of the proposed use and exhibits submitted in connection with this matter, the exemption from CEQA is approved and required findings being made that the application CUP2008-0015 for a Conditional Use Permit approval for Sunnyvale Operating Company, LLC, is hereby granted subject to the following conditions.” • Explained that the applicant is seeking Conditional Use Permit approval to allow the operation of a sleep clinic in the P-A Zoning District. 14 Saratoga Planning Commission Minutes of December 10, 2008 Page 13 • Reported that Code requires that medical uses that provided direct medical services between the hours of 1 a.m. and 6 a.m. obtain approval of a Use Permit by the Planning Commission. • Said that this project is Categorically Exempt under CEQA. • Said that the assigned address for this use is 12980 Saratoga Avenue. The tenant space consists of approximately 6,000 square feet within a 22,000 square foot building. The tenant space will contain a lobby, office/file room, technician room, break room, two exam rooms and 10 diagnostic rooms. • Added that the diagnostic rooms are set up like typical residential bedrooms. • Advised that the parking requirement is 29 spaces. Per the applicant the daytime parking need would be between six and eight spaces. In the evening hours, the maximum needed would be 15 spaces. There are a total of 428 spaces provided on site so the existing lot can accommodate this use. • Said that the office hours would be between 9 a.m. and 5 p.m. The clinic hours would be between 8 p.m. and 9:30 p.m. to allow clients access to the building. After 9:30 p.m., no one else would be allowed to arrive or leave, except for emergency purposes. • Said that no signs are proposed yet but all signs would have to comply with the provisions of the Sign Ordinance. • Stated that neighbor notification forms were sent within 500 feet of the site. The applicant has submitted signed forms from various neighbors in the area. • Reported that staff also notified the El Quito Neighborhood Association. While no official reply was received their members are supportive of this use. • Said that the required findings can be met. Chair Cappello opened the public hearing for Agenda Item No. 3. Mr. Roo Zaida, Founder of American Sleep Medicine, introduced himself to the Commission. Mr. Ed Roush, Applicant: • Said that their company has 17 centers nationwide. The closest is located in Sunnyvale. • Advised that their clinics operate 24/7 and said he would like to make a change to the listed hours within the conditions of approval. • Said that morning hours are between 8 a.m. and 5:30 p.m., Monday through Friday. However, some patients must be tested from the evening hours into the daytime hours. • Assured that their business represents a quiet neighbor. Any noise impacts on site would cause their testing to be invalid. They deliberately select sites located near residential because they are quiet areas. Commissioner Kumar expressed concern about the potential need to call 911 for emergencies that might disturb the neighbors. Mr. Ed Roush said that patients who are not healthy are referred to a hospital setting. A doctor evaluates patients to determine that they are healthy enough to be tested at their clinic. He added that they have never had to call 911 for a patient undergoing sleep testing. 15 Saratoga Planning Commission Minutes of December 10, 2008 Page 14 Commissioner Rodgers asked Mr. Ed Roush if the physicians who test patients for eligibility are on the clinic’s staff. Mr. Ed Roush said that physicians often refer their patients to this program and qualify them for participation. If not, the patient is seen by one of the clinic’s physicians. Commissioner Hlava asked about the request for 24-hour operations, 7 days a week. Mr. Ed Roush said that while their daytime hours are between 8 a.m. and 5:30 p.m., they also need to be able to operate any time 24/7 in order to conduct the sleep testing. He explained that the clinic performs day studies to either confirm that a patient is able to stay awake or to determine that they have narcolepsy and cannot control their ability to stay awake. Chair Cappello clarified that the clinic needs to operate 24/7 to function. This is not like a conventional business but rather is unique. Commissioner Zhao suggested leaving the operational hours out altogether. Commissioner Hlava said that the provision to have the exterior doors locked after 9:30 p.m. until 7:30 a.m. is important. She suggested taking out the limitation between Mondays and Fridays and allowing every day instead. Director John Livingstone said that there do not have to be conditions or stipulations on when the doors are locked. Commissioner Hlava said it would help preserve neighbor concerns. Chair Cappello pointed out that any traffic to this site is coming off Saratoga or Cox. He questioned which neighbors would actually be impacted. City Attorney Jonathan Wittwer said that one condition might need to be modified that states that this use is typical to an office use. Commissioner Rodgers agreed that night hours are not typical of a normal medical office. City Attorney Jonathan Wittwer offered the following language: • “The after hours use involves occasional patients and technicians not being able to leave the premises while tests are being conducted.” • To Condition 5 add, “The owner/applicant shall be allowed to operate…” • To Condition 6 modify, “a sign building permit.” Chair Cappello closed the public hearing for Agenda Item No. 3. Chair Cappello pointed out that the overnight use is not occasional but typical. City Attorney Jonathan Wittwer said that overnight on weekdays would be typical while overnight on weekends would be occasional rather than typical. 16 Saratoga Planning Commission Minutes of December 10, 2008 Page 15 Commissioner Hlava: • Suggested language, “Owner/Applicant shall be allowed to open between the hours of 8 a.m. and 5:30 p.m., Mondays through Fridays. After hours/exceptions shall be allowed occasionally on weekends.” • Added, “Additionally, the applicant may provide direct customer service between 8 p.m. and 7 a.m. so long as on-site access is locked between the hours of 9:30 p.m. and 7 a.m. daily. Exiting is not allowed during those hours except for emergencies.” Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Zhao, the Planning Commission granted Conditional Use Permit approval (Application #CUP08-0015) to establish a sleep clinic and research center on property located at 12900 Saratoga Avenue, as amended, by the following roll call vote: AYES: Cappello, Hlava, Kumar, Rodgers and Zhao NOES: None ABSENT: Kundtz ABSTAIN: None *** DIRECTOR’S ITEMS Director John Livingstone: • Advised that he contacted PG&E per the Commission’s request. He advised that PG&E would be sending a representative to the January 28, 2009, PC meeting. • Reported that the Council is working at filling the PC vacancy and will hold interviews on February 4, 2009. COMMISSION ITEMS Appointment of Commissioner to the Housing Element Update Committee Commissioner Hlava said that appointing a third person from the PC to this Committee might not be necessary. Director John Livingstone said that he met with the consultant. The next Housing Element Update meeting will be a Study Session with all members of the Planning Commission so having just two members on this Committee may be okay for now. Village Economic Committee Commissioner Rodgers reminded that Commissioner Nagpal was also appointed to this Committee and may need to be replaced. Director John Livingstone said that a joint Council/PC Study Session would be held on this issue. 17 Saratoga Planning Commission Minutes of December 10, 2008 Page 16 Silicon Valley Leadership Luncheon Commissioner Zhao advised that she recently attended a Housing Element luncheon sponsored by the Silicon Valley Leadership Group. She said she would email the program materials to the other Commissioners, as this was quite an interesting event. Preparation for Retreat Commissioner Rodgers pointed out that in past years the Commissioners have met before the retreat to establish priorities. Is such a meeting necessary this year? Director John Livingstone replied no. He advised that with the Housing Element update and two other Ordinance updates as well as several legal issues brought forth by the City Attorney, the choices for new items are narrow. He added that the last list of priorities is still available. Wood burning Fireplaces Commissioner Rodgers suggested cautioning applicants about compliance requirements for “spare the air” days as it applies to use of wood burning fireplaces. City Attorney Jonathan Wittwer advised that it is already included in the conditions that applicants have to follow Federal, State and local laws COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Hlava, seconded by Commissioner Zhao, Chair Cappello adjourned the meeting at approximately 9:05 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 REPORT TO THE PLANNING COMMISSION Application No./Location: PDR 08-0028 / 14890 Montalvo Road Type of Application: Design Review for a Second-Story Addition Owner: David Kerley & Kirsten Jensen Staff Planner: Cynthia McCormick, Assistant Planner Meeting Date: January 14, 2009 APN: 517-20-027 Department Head: John Livingstone, AICP 14890 MONTALVO ROAD 37 EXECUTIVE SUMMARY CASE HISTORY: Application filed: 08/13/08 Application complete: 12/19/08 Notice published: 12/30/08 Mailing completed: 12/31/08 Posting completed: 01/08/09 PROJECT DESCRIPTION: The applicant requests Design Review approval to construct a second-story addition to an existing single-story single-family residence. The project will add 135 square feet to the ground level and 1,028 square feet to a new second story for a total floor area of 4,967 square-feet. The home includes a secondary dwelling unit that will be deed restricted to allow a one-time 10% floor area bonus. The proposed height of the home is less than 26 feet. No trees are proposed for removal. The lot is 20,794 square feet and the site is zoned R-1- 20,000. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the Design Review application with required findings and conditions and find this application exempt from CEQA by adopting the attached Resolution. Page 2 of 8 38 STAFF ANALYSIS ZONING: R-1-20,000 GENERAL PLAN DESIGNATION: Residential Low Density (RLD) MEASURE G: Not Applicable PARCEL SIZE: 20,794 square feet SLOPE: Approximately 3% at building site; 6% average site slope GRADING REQUIRED: The project proposes 4.4 cubic yards of cut and no fill. GEOTECHNICAL CLEARANCE: Not Applicable ENVIRONMENTAL DETERMINATION: The addition to the existing single-family residence is Class 3 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 of a single-family residence in a residential zone. MATERIALS AND COLORS: Colors and materials include brick veneer, tan siding with cream trim, black shutters, wood colonial style garage door, and gray slate style roof tiles. A colors and materials board is available on file with the Community Development Department and will be presented at the site visits and public hearing. Detail Colors and Material Manufacturer Facade “Rockvale” 10” Wood Siding Kelly Moore Trim “Coffee Creamer” Kelly Moore Window Trim “Coffee Creamer” Wood Marvin Front Door Existing to remain Existing to remain Garage Door Wood stain to match Siding Summit Colonial Style Roof “Slate Gray” Slate Style Shingles DaVinci Roofscapes Application No. PDR 08-0028; 14890 Montalvo Road Page 3 of 8 39 Application No. PDR 08-0028; 14890 Montalvo Road Page 4 of 8 PROJECT DATA: Zoning: R-1-20,000 Net Site Area: 20,794 SF Proposed Required Site Coverage Residence/Garage: 3,353 SF Driveway/Paving: 609 SF Walkways: 1,800 SF Patio/Porch: Lightwells/Greenhouse 2,549 SF 131 SF TOTAL Site Coverage (40%) 8,442 SF Site Coverage Standard = 9,357 SF (45%) + 10% bonus = 11,436 SF (55%) Floor Area Existing First Floor Area: 2,644 SF Existing Second Floor Area: 0 SF Existing Garage Area: 574 SF Existing Basement/Cellar: 556 SF Existing Enclosed Porch: 30 SF Existing Floor Area 3,804 SF Proposed First Floor Area: 135 SF Proposed Second Floor Area: 1,028 SF TOTAL Floor Area: 4,967 SF Floor Area Standard = 4,518 SF + 10% bonus (451 SF) = 4,967 SF Setbacks First Floor Second Floor First Floor Second Floor Front (Bonnie Brae): 30 Feet 30 Feet 30 Feet 30 Feet Rear: 112’ 10” 152’ 1” 15 Feet 15 Feet *Left Exterior Side: 17’ 10”22’ 10”17’ 10” 22’ 10” *Right Interior Side: 9’ 5” 14’ 5” 8’ 11” 13’ 11” Height Lowest Elevation Point: 555.24 Highest Elevation Point: 557.40 Average Elevation Point: 556.32 Proposed Topmost Point: (25 Feet 4 inches) 581.65 Maximum Height = 26 Feet (582.32) *Substandard lot side setback: - First floor interior side setback = 10% site width - First floor exterior side setback = 20% site width - Second floor interior and exterior setbacks shall be increased an additional five feet 40 PROJECT DISCUSSION AND SITE CHARACTERISTICS Historic Review The existing home was reviewed by the Heritage Preservation Committee on December 9, 2008 and found not to be historic. Architectural Style The existing single-story home is most indicative of the Minimal Traditional architectural style with low pitched roof, front facing gable, minimized eaves, and brick façade. The owner will maintain the existing character of the home through the use of brick veneer on the ground level front façade with a mix of brick and wood siding elsewhere. The second-story façade will be primarily horizontal wood siding. Fireplaces The existing home includes two (2) wood-burning fireplaces and two (2) gas fireplaces. The owner will maintain the existing fireplaces and add one (1) gas fireplace to the second floor. The new home will have a total of five (5) fireplaces including two (2) wood-burning and three (3) gas fireplaces. Trees No trees are proposed for removal and no trees appear to be impacted by construction. Energy Efficiency / Green Strategies The design includes FSC certified wood framing, environmentally preferable floor framing, structural pest controls, zero VOC paint, environmentally preferable materials for the interior finish, energy star interior appliances, and energy efficient lighting. Additional green strategies are discussed in Attachment 4. Neighbor Review and Neighborhood Compatibility The applicant obtained signed notification forms from the adjacent neighbors (Attachment 2). Staff has not received any negative comments as of the writing of this staff report. The surrounding neighborhood is a mix of one and two-story homes. The perception of bulk is minimized through the use of undulating walls and a low-pitched roof. The home will not exceed the maximum height allowed in the district. The addition to the home is proposed at the front of the property while maintaining the minimum required front yard setback. The front of the home faces Bonnie Brae Lane while the left side of the home faces Montalvo Road. Minimal changes will occur to the right side of the home and privacy impacts to the neighbor are minimized by locating the second-story window adjacent to the neighbor’s front yard. Secondary Unit Page 5 of 8 41 The design includes provisions for living, cooking, sleeping and sanitation in the existing cellar/basement area; qualifying it as a second dwelling unit. The applicant is respectively asking for a parking-garage waiver and a one-time ten percent (10%) increase in allowable floor area as allowed per Municipal Code Section 15-56.030 when the second dwelling unit is deed restricted. As a condition of approval and prior to issuance of final Zoning Clearance, the owner shall record a Deed Restriction with Santa Clara County to assure that any rental of said unit will be to households that qualify as low or very-low income households. The City Code has specific requirements for second dwelling units. The project meets these requirements as described below: • Lot size. The net site area of the lot shall not be less than the minimum standard prescribed for the district. The minimum lot size in the R1-20,000 district is 20,000 square feet. The lot is 20,794 square feet and therefore meets this requirement. • Unit size. The second dwelling unit shall be at least four hundred square feet and shall not exceed one thousand two hundred square feet of living space. The second dwelling unit is 556 square-feet and therefore meets this requirement. • Building codes. The second dwelling unit shall comply with applicable building, health and fire codes. As conditioned, the second unit will meet required applicable building, health and fire codes. • Zoning regulations. The second dwelling unit shall comply with applicable zoning regulations (including, but not limited to, required setbacks, coverage, and height limits). The second unit as conditioned will comply with all applicable zoning regulations. • Parking. A minimum of one off-street covered parking space within a garage shall be provided for the second dwelling unit in addition to the off-street covered parking spaces required for the main dwelling. The garage requirement may be waived if the second dwelling unit is deed restricted so that they may only be rented to below market rate households. If the garage requirement is waived, an open parking space must be provided. The secondary unit will be deed restricted allowing a garage requirement waiver. The site plan includes a paved area for one open parking space to the right of the driveway and therefore meets this requirement. • Access. The second dwelling unit shall be served by the same driveway access to the street as the existing main dwelling. The existing driveway will serve the main dwelling and second unit. • Common entrance. If the second dwelling unit is attached to the main dwelling, both the second dwelling unit and the main dwelling must be served by either a common entrance or a separate entrance to the second dwelling unit must be located on the side or at the rear of the main dwelling. The second dwelling unit is attached to the main dwelling. The main dwelling and second dwelling unit are both accessed by the front door. Application No. PDR 08-0028; 14890 Montalvo Road Page 6 of 8 42 • Limitations on number of bedrooms. A second dwelling unit may not have more than two bedrooms. The secondary dwelling unit has one bedroom and one office/den area and therefore meets this requirement. • Appearance. All new construction to create a second dwelling unit must match the existing main structure in color, materials and architectural design. The second dwelling unit is located within the main dwelling unit and therefore meets this requirement. GENERAL PLAN FINDINGS The proposed project is consistent with all of the following General Plan Policies: Conservation Element Policy 6.0 – Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Visual impacts are reduced by maintaining the existing architectural style of the home. The brick façade and wood siding are characteristic of the City’s rural atmosphere. Land Use Element Policy 5.0 – The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. The project is compatible with the site and the adjacent surroundings as detailed in the staff report and the following Design Review Findings. Design Review Findings The proposed project is consistent with all of the following Design Review findings stated in City Code Section 15-45.080: (a) Avoid unreasonable interference with views and privacy. The project has been designed in a manner that minimizes interference with views and privacy to adjacent properties. For example, privacy impacts to the neighbor on the right side are minimized by locating the second-story window adjacent to the neighbor’s front yard. The second-story addition is located towards the front of the property, minimizing view impacts to adjacent neighbors. (b) Preserve Natural Landscape. No trees are proposed for removal and there will be no change to the existing site slope. The addition has been designed to minimize impacts to the existing landscape. New front yard landscaping will match existing and previous plantings. (c) Preserve Native and Heritage Trees. No heritage, native, or any other types of trees are being removed. No protected trees are being impacted by construction. (d) Minimize perception of excessive bulk. A mix of brick and wood siding help break up the façade while a low-pitched roof and undulating walls helps minimize the perception of bulk. The second-story footprint is approximately 30% of the first-floor. The applicant will use earthtone colors for the garage and wood siding where white currently exists. Application No. PDR 08-0028; 14890 Montalvo Road Page 7 of 8 43 Application No. PDR 08-0028; 14890 Montalvo Road Page 8 of 8 (e) Compatible bulk and height. The home is compatible in terms of proportion, size, mass, and height with the surrounding neighborhood which is a mix of one and two-story homes. Furthermore, the second-story will not exceed the maximum height allowed in the district. (f) Current grading and erosion control methods. There will be no change to the existing site slope. The project is conditioned to conform to current grading and erosion control standards. (g) Design policies and techniques. The project conforms to City design policies by incorporating design techniques from the Residential Design Handbook. For example, the project minimizes the second-story footprint and uses materials that create horizontal proportions and soften elevations. STAFF RECOMMENDATION Staff recommends that the Planning Commission find this application exempt from CEQA and approve the application for Design Review with required findings and conditions by adopting the attached Resolution. ATTACHMENTS: 1. Resolution of Approval 2. Neighbor Notification Forms 3. Newspaper Notice, Mailed Notice, Address Labels, Affidavit of Mailing 4. Green Materials and Energy Systems 5. Exhibit "A"; reduced plans dated December 18, 2008 44 RESOLUTION NO. CITY OF SARATOGA PLANNING COMMISSION Approval of Design Review for Application No. PDR 08-0028; 14890 Montalvo Road Second-Story Addition to Existing Single-Story Home and Deed Restricted Second Dwelling Unit RESOLUTION APPROVING APPLICATION NO. PDR 08-0028 FOR DESIGN REVIEW OF A SECOND-STORY ADDITION TO EXISTING SINGLE-STORY HOME WHEREAS, the City of Saratoga Planning Commission has received an application for a second-story addition to an existing single-story home. The project will add 135 square feet to the ground level and 1,028 square feet to a new second story for a total floor area of 4,967 square-feet. The home includes a secondary dwelling unit that will be deed restricted to allow a one-time 10% floor area bonus. The proposed height of the home is less than 26 feet. No trees are proposed for removal. The lot is 20,794 square feet and the site is zoned R-1-20,000. WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the project is Class 3 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 of a single-family residence in a residential zone. WHEREAS, the applicant has met the burden of proof required to support said application for design review approval, as consistent with the below General Plan policies and the following findings specified in City Code Section 15-45.080 and the City’s Residential Design Handbook: Conservation Element Policy 6.0 – Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Visual impacts are reduced by maintaining the existing architectural style of the home. The brick façade and wood siding are characteristic of the City’s rural atmosphere. Land Use Element Policy 5.0 – The City shall use the design review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings. The project is compatible with the site and the adjacent surroundings as detailed in the staff report and the following Design Review Findings. Design Review Findings The proposed project is consistent with all of the following Design Review findings stated in City Code Section 15-45.080: (a) Avoid unreasonable interference with views and privacy. The project has been designed in a manner that minimizes interference with views and privacy to adjacent properties. For example, privacy impacts to the neighbor on the right side are minimized by locating the second-story window adjacent to the neighbor’s front yard. The second-story addition is located towards the front of the property, minimizing view impacts to adjacent neighbors. Page 1 of 6 45 (b) Preserve Natural Landscape. No trees are proposed for removal and there will be no change to the existing site slope. The addition has been designed to minimize impacts to the existing landscape. New front yard landscaping will match existing and previous plantings. (c) Preserve Native and Heritage Trees. No heritage, native, or any other types of trees are being removed. No protected trees are being impacted by construction. (d) Minimize perception of excessive bulk. A mix of brick and wood siding help break up the façade while a low-pitched roof and undulating walls helps minimize the perception of bulk. The second-story footprint is approximately 30% of the first-floor. The applicant will use earthtone colors for the garage and wood siding where white currently exists. (e) Compatible bulk and height. The home is compatible in terms of proportion, size, mass, and height with the surrounding neighborhood which is a mix of one and two-story homes. Furthermore, the second-story will not exceed the maximum height allowed in the district. (f) Current grading and erosion control methods. There will be no change to the existing site slope. The project is conditioned to conform to current grading and erosion control standards. (g) Design policies and techniques. The project conforms to City design policies by incorporating design techniques from the Residential Design Handbook. For example, the project minimizes the second-story footprint and uses materials that create horizontal proportions and soften elevations. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the exemption from CEQA is approved, the required findings are made, and application number PDR08-0028 for Design Review Approval is hereby granted subject to the following conditions: PERMANENT CONDITONS OF APPROVAL 1. Deed Restriction: Secondary Dwelling Unit. The owner shall record a deed restriction, satisfactory to the Community Development Director, limiting rental of the secondary dwelling unit to below market rate households prior to issuance of final Zoning Clearance. RESOLUTION APPROVING APPLICATION NO. PDR 08-0028 FOR DESIGN REVIEW OF A SECOND-STORY ADDITION TO EXISTING SINGLE-STORY HOME Page 2 of 6 46 STANDARD CONDITONS OF APPROVAL PLANNING AND BUILDING DEPARTMENT 1. Conformance to Plans. The proposed home shall be constructed as shown on Exhibit “A” dated December 18, 2008 on file with the Community Development Department and hereby incorporated by reference. 2. Modifications. Any changes to the approved plans must 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. 3. Fences, Walls and Hedges. All fences, walls and hedges shall conform to height requirements provided in City Code Chapter 15-29. Any existing fences or walls not meeting the zoning ordinance standards shall be removed prior to final planning inspection. 4. HVAC. No new or replacement HVAC mechanical equipment shall be allowed between the lot line and any required front, side or rear setback line. 5. Wood Burning Fireplace. The existing home includes two wood-burning fireplaces. No other wood-burning fireplaces shall be permitted. All other fireplaces shall be gas burning. 6. Exterior Lighting. Exterior lighting shall be positioned so as to not shine into or on adjacent properties. 7. Final Landscaping and Irrigation Plan. The final landscaping and irrigation plan shall take into account the following: a. To the extent feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolonged exposure to water shall be specified. b. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. c. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. d. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. e. Any proposed or required under grounding of utilities shall take into account potential damage to roots of protected trees. RESOLUTION APPROVING APPLICATION NO. PDR 08-0028 FOR DESIGN REVIEW OF A SECOND-STORY ADDITION TO EXISTING SINGLE-STORY HOME Page 3 of 6 47 f. The final landscape & irrigation plan shall incorporate City Arborist recommendations listed for landscaping. 8. Front Yard Landscaping. Front yard landscaping shall be installed prior to final inspection. As an alternative, a monetary bond at a value of 150% of the cost associated with the purchase and installation of the landscaping may be filed with the Community Development Director. This bond will be released only when the front yard landscaping has been installed and inspected. 9. No Tree Removal. No trees are scheduled for removal as part of this project. Should any tree require removal in order to complete the project, approval shall be received from the City prior to its removal. Following removal, new trees will be required that are equal to the appraised value of the removed tree. 10. Water Conservation. All newly constructed buildings and irrigation systems shall be equipped with water conservation plumbing fixtures, as specified or approved by the building official. 11. Construction Trucks. All Construction trucks shall use designated truck routes only. 12. Noise and Construction Hours. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 13. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to staff review prior to issuance of Zone Clearance. The construction plans shall, at a minimum, include the following: a. Architectural drawings and other plan sheets consistent with those identified as “Exhibit A dated December 18, 2008 on file with the Community Development Department and hereby incorporated by reference. b. A note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the dripline of any ordinance protected trees on the site; and c. 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”; and d. Drawings/reports/materials required by the Building Department; and e. This signed and dated Resolution printed onto separate plan pages; and f. A boundary survey, wet-stamped and wet-signed by a licensed land surveyor or civil engineer authorized to practice land surveying. The stamp shall reflect a current license for the land surveyor/engineer, the document shall be labeled “Boundary Survey,” and the document shall not contain any disclaimers. RESOLUTION APPROVING APPLICATION NO. PDR 08-0028 FOR DESIGN REVIEW OF A SECOND-STORY ADDITION TO EXISTING SINGLE-STORY HOME Page 4 of 6 48 g. A utility plan that shows location of air condition units; and h. A drainage and grading plan(s) stamped by a registered civil engineer combined with a storm water retention plan indicating how all storm water will be retained on-site to the maximum extent reasonably feasible, and incorporating the New Development and Construction – Best Management Practices. An explanatory note shall be provided if all storm water cannot be maintained on site and be subject to review and approval by the Community Development Director; and i. A final landscape & irrigation plan FIRE DEPARTMENT 14. All recommendations by the Santa Clara County Fire Department shall be followed. PUBLIC WORKS DEPARTMENT 15. All recommendations by the City Engineer shall be followed. 16. Curb/Gutter Damages. The owner/applicant is responsible for all damages to curb/gutter and the public street as result of project construction and construction vehicles. The Public Works Director will determine if any repair is required prior to final occupancy approval. 17. Encroachment Permit. An Encroachment Permit issued by the Public Works Department is required for improvements in any portion of the public right-of-way. CITY ATTORNEY 18. Applicant agrees to hold City harmless from all costs and expenses, including attorney’s fees, incurred by the City or held to be the liability of City in connection with City’s defense of its actions in any proceeding brought in any State or Federal Court, challenging the City’s action with respect to the applicant’s project. Section 2. Construction must commence within thirty-six (36) months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. 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. RESOLUTION APPROVING APPLICATION NO. PDR 08-0028 FOR DESIGN REVIEW OF A SECOND-STORY ADDITION TO EXISTING SINGLE-STORY HOME Page 5 of 6 49 RESOLUTION APPROVING APPLICATION NO. PDR 08-0028 FOR DESIGN REVIEW OF A SECOND-STORY ADDITION TO EXISTING SINGLE-STORY HOME Page 6 of 6 PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, on the 14th day of January 2009 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Manny Cappello Chair, Planning Commission ATTEST: John F. Livingstone, AICP Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. __________________________________ _________________________ Property Owner or Authorized Agent Date 50