The URL can be used to link to this page

Home My WebLink About08-13-2008 Planning Commission Packet C:\DOCUME~1\aayende\LOCALS~1\Temp\ama15.tmp\Planning Commission Agenda 2008-08-13 19-00.doc CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, August 13, 2008 - 7:00 p.m. PLACE : Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA T YPE: Regular Meeting ROLL CALL: Commissioners Joyce Hlava, Rishi Kumar, Robert Kundtz, Susie Nagpal, Linda Rodgers, Yan Zhao and Chair Manny Cappello PLEDGE OF ALLEGIANCE: MINUTES: Minutes from Regular Planning Commission Meeting of July 23, 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: Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on August 7, 2008 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 C ALENDAR: 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 FER-08-0001, Balakrishnan, 21789 Villa Oaks Lane, 503-78-036 - The applicant requests fence exception approval to permit a previously constructed vineyard and property fence located at 21789 Villa Oaks Lane. The average slope of the lot is 12.3%. The total enclosed area will be approximately 1.5 acres. The maximum height of the proposed fence will not exceed the 6-foot height limit. The maximum impervious coverage will not exceed the allowable 15,000 square feet. The lot size is approximately 144,184 square feet, and the site is located in the HR zoning district. Fence Exception approval is required pursuant to Saratoga Municipal Code Section 15-29.020. (Heather Bradley) 2. APPLICATION PDR 08-0026, Zarkesh,14575 Horseshoe Drive, APN#397-20-049 - The applicant requests Design Review approval to add a single story addition to the existing single story residence. The addition includes approximately 1,428 square feet to the existing 3,061 square foot single-story residence. The total proposed floor area will be approximately 4,489 square feet. The maximum height of the 1 C:\DOCUME~1\aayende\LOCALS~1\Temp\ama15.tmp\Planning Commission Agenda 2008-08-13 19-00.doc proposed building will not exceed the 26-foot height limit. The maximum impervious coverage will not exceed the allowable 45% of the net site area. The lot size is approximately 22,500 square feet, and the site is located in the R-1-20,000 zoning district. Design Review approval is required pursuant to Saratoga Municipal Code Section 15-45.060. (Heather Bradley) 3. APPLICATION ZOA07-0001; Regulations Related to Fences, Walls, and Hedges & Negative Declaration - The Planning Commission will consider a draft ordinance that will update existing regulations regarding fences, walls, and hedges. The draft ordinance proposes to: (1) establish an exception process that would allow property owners to exceed the maximum permitted fence height; (2) change permitted fencing height and enclosure limitations in the hillside district; and (3) clarify ambiguous language and areas of the code that are currently difficult to enforce. Other related topics, including but not limited to, regulations regarding chain link fencing, an initial study, and negative declaration for the project will also be reviewed and discussed. (Shweta Bhatt) DIRECTORS ITEM: COMMISSION ITEMS: COMMUNICATIONS: ADJOURNMENT TO NEXT MEETING: - Wednesday, August 27, 2008 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Posting of Agenda: I, Abby Ayende, Office Specialist 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 August 7, 2008 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, July 23, 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, Kundtz, Nagpal and Zhao Absent: Commissioner Rodgers Staff: Director John Livingstone, Contract Planner Heather Bradley, Assistant Planner Michael Fossati and Assistant City Attorney Jonathan Wittwer PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of July 9, 2008. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava, the Planning Commission minutes of the regular meeting of July 9, 2008, were adopted with corrections to pages 7, 16 and 19. (6-0-1; Commissioner Rodgers was absent) ORAL COMMUNICATION Mr. Tom Marantetti, Resident on Ronnie Way: • Stated that he takes issue with the carport currently under construction on a neighborhood property. • Reported that in 1994, the issue of allowing carports was debated and both the Planning Commission and City Council agreed to put a moratorium on them in their neighborhood. • Said that, “Now, we’re back to the same ballgame again.” • Stressed that they do not want to see carports in “our” neighborhood. • Said that carports allow owners to put anything in there that they want and it’s visible from the street and ends up looking like trash from the street. • Stressed that he does not want his neighborhood to have that type of atmosphere. • Said that these carports have not been allowed for years and he would like to continue it that way. 3 Saratoga Planning Commission Minutes of July 23, 2008 Page 2 Mr. David Mather Resident on Ronnie Way: • Said that it appears that there has been a “glitch” in the processing of administrative approvals as conducted by the staff of the Community Development Department, specifically as it pertains to the construction underway at 13538 Ronnie Way. • Described the most recent administrative approval as a 700 square foot residential addition, the reorientation of the garage and a new carport. At issue is the carport. • Said that a precedent was set with a previous denial of a carport. At that time, both the Planning Commission and the City Council supported that denial. • Added that it appears that a new planner was unaware of their neighborhood’s position against carports and went ahead and approved this new carport. • Said that the approval does not meet the Design Handbook criteria for consistency with its neighborhood. • Stated that a three-car garage would have been denied on this parcel due to coverage issues. This carport in essence gives them a three-car garage. • Suggested that this issue be reviewed and the previous practice to deny carports be honored. Chair Cappello said that this issue had been raised with the Council at their joint Civic Improvement Commission meeting. It will be left in their hands. He thanked the two speakers for their comments. Ms. Vibha Gartonde, Resident on Saratoga Hills Road: • Reported that her home was constructed 10 years ago by Pinn Brothers Construction and included a basement. • Added that she gets runoff from the hill that floods the basement. • Stated that the house should not have been designed without a generator for the sump pump. • Said that she now has to install a generator and follow current City requirements. This includes an application fee of $4,700 for a Use Permit to obtain approval for a generator. • Declared that this fee should be waived or reduced • Advised that she went to Council and they cannot do anything. • Asked why a Use Permit is not necessary for pools but is for a generator. • Said that this generator should have been installed at the time of construction. • Said that she wanted the Council to consider her case. Commissioner Hlava: • Explained that the Planning Commission has no power to waive application fees. Only Council can do so. • Asked if staff could look into the requirements in placer when this home was constructed and determine whether generators were allowed at that time without the need for a Use Permit. • Said it seems unfair if that was the case Commissioner Nagpal: • Reiterated that this Commission has no authority on fees. Only Council does. 4 Saratoga Planning Commission Minutes of July 23, 2008 Page 3 • Agreed that it can be evaluated as to whether there is any other mechanism available to this property owner. If not, there is nothing this Commission can do. Chair Cappello agreed and said that it appears the speaker already raised her concerns with Council. Commissioner Nagpal asked Director John Livingstone to verify the validity of her understanding that the Commission has no authority over fees. Director John Livingstone advised that he did not recall Ms. Vibha Gartonde ever appearing at a Council meeting on this issue. Commissioner Kundtz said that if she had, the Council minutes from that meeting would reflect their direction and whether it was to come to this Commission. Chair Cappello asked if the Commission is able to do anything further on this. Director John Livingstone replied no. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 17, 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. *** Commissioner Zhao advised that as her husband has a professional affiliation with Item No. 1 she must recuse herself. She left the dais and chambers for the duration of this first item hearing. PUBLIC HEARING - ITEM NO. 1 APPLICATION #PDR07-0012 (503-78-036) BALAKRISHNAN, 21789 Villa Oaks Lane: The applicant requests Design Review Approval to construct an approximately 1,179 square foot single-story addition to the existing 5,487 square foot home located at 21789 Villa Oaks Lane. The average slope of the lot is 12.3%. The total proposed floor area would be approximately 6,666 square feet. The maximum height of the proposed building will not exceed the 26-foot 5 Saratoga Planning Commission Minutes of July 23, 2008 Page 4 height limit. The maximum impervious coverage will not exceed the allowable 15,000 square feet. The lot size is approximately 144,184 square feet and the site is located in the HR zoning district. Design Review Approval is required pursuant to Saratoga Municipal Code Section 15-45.060. Ms. Heather Bradley, Contract Planner, presented the staff report as follows: • Distributed some written material explaining that this material pertains to a pending Fence Exception for this project site that will be brought back before this Commission at its meeting of August 13, 2008. It was not advertised as part of tonight’s item. • Explained that the applicant is seeking Design Review Approval for the construction of a 1,179 square foot, single-story addition to a 5,487 square foot existing residence. This exceeds the 6,000 square foot maximum that triggers the requirement for Design Review Approval by the Planning Commission per Section 15-45.060. • Said that the maximum height would be 21 feet. The total impervious surface would be 10,476 square feet. • Advised that the lot size is 144,000 square feet and the zoning is HR. • Said that no ordinance-sized trees are affected by this proposal. • Stated that the project is Categorically Exempt under CEQA. • Recommended approval and distributed a materials board. Commissioner Nagpal asked about the trail and whether preservation of the oaks has been discussed along with the need to realign the trail. Planner Heather Bradley: • Reported that the trail is not proposed for realignment. It has been accepted as constructed. • Added that the actual trail easement doesn’t appear to fall around the physical boundaries of the trail. • Said that a condition is proposed that asks the applicant to remove the existing trail easement and re-record a new easement to coincide with the physical trail that is constructed on the property. Commissioner Nagpal asked if Public Works is fine with that. Planner Heather Bradley replied correct. Chair Cappello opened the public hearing for Agenda Item No. 1. Mr. Balu Balakrishnan, Applicant: • Said that he is a resident on Villa Oaks Lane. • Thanked the Planning Commission for its site visit the previous day. • Reported that his neighbors are positive and encouraging about these plans as they are aesthetically appealing, not visible from the street and adds value to the neighborhood. • Advised that the design was done by the original architect and is consistent with the rest of the house. 6 Saratoga Planning Commission Minutes of July 23, 2008 Page 5 • Agreed to correct the trail easement on the map, if necessary, to reflect the actual location of the trail, and to re-record the updated map. • Said that an Exception for a fence is to be considered by this Commission on August 13, 2008. • Requested approval of the building addition. Ms. Marilyn Riding, Resident on Villa Oaks Lane: • Said she is here representing herself, her husband and her neighbors, the Liskys. • Said that they are the most affected by this addition and they have no objections to it. • Explained that she lives across the street and her house is elevated and overlooks this property. • Reported that this property has turned into a beautiful swain over the last couple of years. • Declared that they are fully in favor of approving this addition. Chair Cappello closed the public hearing for Agenda Item No. 1. Commissioner Nagpal thanked Mr. Balu Balakrishnan for the site visit and said she is comfortable making all the findings. She added that this is a beautiful piece of property and she is ready to make a motion. Commissioner Hlava: • Said that she too can make the findings to support this project. • Asked if the easement relocation would void the need to move the wrought iron fence. • Added, if so, why the need for an encroachment permit. Planner Heather Bradley said that this condition reflects standard Public Works language. Commissioner Hlava expressed confusion over the language, particularly whether the encroachment permit is necessary if the easement is relocated. Planner Heather Bradley said that it is the applicant’s choice to have an option to relocate the fence in the event that relocating the easement would be cost prohibitive. She suggested that perhaps this condition could be moved into the Public Work’s conditions section. City Attorney Jonathan Wittwer said he has some edits to the draft resolution including adding a word in Condition 16, “… new improvements…” Commissioner Hlava suggested that Condition 4 should read, “The applicant shall relocate the easement prior to final Building approval or remove the existing wrought iron fence within the pedestrian/equestrian easement.” City Attorney Jonathan Wittwer agreed. Commissioner Hlava suggested relocating this condition under Public Works. City Attorney Jonathan Wittwer: 7 Saratoga Planning Commission Minutes of July 23, 2008 Page 6 • Agreed that it would be good to include this under Public Works conditions. It would be clearer if they were together (Conditions 4 and 16). • Said that other recommended changes to the draft resolution include: o Condition 3 – add “inspection.” o Condition 6 – add “inspection.” o Item 15 – add text as follows: “…matter, the exemption from CEQA is approved, and the required findings are made and application PDR07-0072 is approved.” Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava, the Planning Commission granted Design Review Approval to allow an approximately 1,179 square foot addition to an existing residence located at 21789 Villa Oaks Lane, with conditions as modified by the City Attorney including relocating Condition 4 to the Public Work’s conditions section, by the following roll call vote: AYES: Cappello, Hlava, Kumar, Kundtz and Nagpal NOES: None ABSENT: Rodgers ABSTAIN: Zhao *** Commissioner Zhao returned to the dais and meeting after the conclusion of Item No. 1. PUBLIC HEARING - ITEM NO. 2 APPLICATION #MOD08-0002 (517-09-018) CROWN CASTLE, 14410 Big Basin Way: The applicant requests approval for a Modification of an existing Conditional Use Permit for the installation of a wireless telecommunications facility for Metro PCS, consisting of three antennas enclosed in a 16-inch diameter radome on the roof of an existing commercial building located at 14410 Big Basin Way. The existing Use Permit for the site is for an unmanned telecommunications Hub Facility to support wireless carriers. Mr. Michael Fossati, Assistant Planner, presented the staff report as follows: • Advised that the applicant is seeking approval of a Modification to an existing Conditional Use Permit. • Said that this item is Categorically Exempt under CEQA per Section 15.303, Class 3. • Reported that the Use Permit for this site allowed a wireless telecommunications facility on an existing commercial building. Tonight’s request is a modification to that. • Described the request as including three wireless antennas in one radome, which is a closed cylinder used to protect the antennas from the elements. The equipment is supported from within the building. The antenna would be painted to match the existing building. An existing parapet shields a major portion of this equipment from view from the public right-of-way. • Reminded that in July 2007, a Use Permit for a similar facility was approved for a site directly across the street. That installation was never built. If this site were built, the site across the street would not be needed. 8 Saratoga Planning Commission Minutes of July 23, 2008 Page 7 • Stated that no negative comments have been received and that the findings can be made to support this application. Commissioner Kundtz asked for verification of the tripod height versus the cylinder height for a total height. It appears that the tripod is nine feet tall and the cylinder is five feet tall. Is the total height nine feet or 14 feet? Planner Michael Fossati said the total is 14 feet. Commissioner Nagpal asked if some of the tripod height is buried under the parapet. Planner Michael Fossati deferred to the applicant. Commissioner Hlava: • Said that there is already an approved site across the street and they want to replace that site with this one. • Stated that she does not want to see two sites across the street from each other and wants something added to the resolution to prevent that from happening. • Added that she prefers this new site to the previous site approved. • Asked if it is possible to take away the approval from the other site. Commissioner Kundtz suggested deferring this question to the applicant. Commissioner Kumar reminded that the applicant has already stated that they don’t need the other site that is already approved if this one is approved instead. Chair Cappello asked if a generator would be installed with this project. Planner Michael Fossati said that the generator is already there. Chair Cappello opened the public hearing for Agenda Item No. 2. Commissioner Kundtz said it appears that there is a five-foot dimension from the top of the tripod to the top of the cylinder and the tripod seems to be four feet not nine. Ms. Leah Hernover, Representative from Crown Castle: • Reported that the height above the roof parapet equals about five feet. It is eight feet above the front wall of the Starbuck’s building. • Said that having a condition added requiring painting the tripod to match the building is a good suggestion. They are happy to do that. • Said that a requirement to abandon the other site across the street is acceptable. Commissioner Kundtz asked how many Metro PCS sites there are in the City of Saratoga. Ms. Leah Hernover said that there are seven, five existing and two currently under construction. This site would be the eighth. 9 Saratoga Planning Commission Minutes of July 23, 2008 Page 8 Commissioner Nagpal asked about the existing Use Permit on this site. Director John Livingstone said that it is the hub for the site. This is a co-location processed as a Modification. Commissioner Nagpal said she wants to be sure that the Use Permit for across the street would be abandoned if this site were approved instead. Chair Cappello asked Ms. Leah Hernover what Metro PCS’s future plans are for Saratoga. Ms Leah Hernover said that this site is the last one needed Chair Cappello said the coverage grid appears to be sufficient. Chair Cappello closed the public hearing for Agenda Item No. 2. Commissioner Kundtz: • Said that he is happy to approve this as long as the applicant no longer pursues the previously approved Use Permit site across the street. • Said that the pipe should be painted to match the building parapet and it will get lost. There is no need for plants or a box, just paint. Commissioner Hlava asked if there is language to deal with the older Use Permit. City Attorney Jonathan Wittwer: • Suggested Condition 1 to read, “UP 06-005 is modified to allow the construction and use as shown on Exhibit A, dated 5/19/2008, on file with the City. Any and all prior approvals of wireless facilities within this Use Permit are hereby rescinded.” • Added to Section 1 of the draft resolution, “...matter, the exemption from CEQA is approved, the required findings are made, and the application…” • Add a condition that “Antenna is to be painted to match the existing building color. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Kundtz, the Planning Commission approved a Modification of an existing Conditional Use Permit to allow for the installation of a wireless telecommunications facility for Metro PCS consisting of three antennas enclosed in a 16-inch diameter radome on the roof of an existing commercial building located at 14410 Big Basin, with conditions as amended above, by the following roll call vote: AYES: Cappello, Hlava, Kumar, Kundtz, Nagpal and Zhao NOES: None ABSENT: Rodgers ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 3 10 Saratoga Planning Commission Minutes of July 23, 2008 Page 9 APPLICATION #ZOA08-0001 (517-12-020, 517-12-021, 512-12-022) CITY OF SARATOGA, 20500/20568/20550 Lomita Avenue: The proposed project includes amending the zoning designation of 20500/20568/20550 from R-1-40,000 to R-1-20,000. Pursuant to Saratoga Municipal Code Section 15-85.050, the Planning Commission shall hold at least one public hearing on the proposed amendment. Following the conclusion of the public hearing, the Planning Commission shall determine whether the proposed amendment should be adopted. Mr. Michael Fossati, Assistant Planner, presented the staff report as follows: • Advised that this City-initiated Zoning Amendment is Categorically Exempt under CEQA per Section 15-305, Class J. • Reminded that in 2006/07, the City initiated a rezoning of three properties (20500/20568/20550 Lomita Avenue) from R-1-40,000 to R-1-20,000. This change was recommended by the Planning Commission and adopted by Council. • Said that it was not properly posted by Council thus nullifying the approval and it is back. • Explained that this amendment would create three legal conforming lots for the parcels (20500/20568/20550 Lomita Avenue) that are currently non-conforming. They consist of lots with between 20,000 and 30,000 square feet with an assigned zoning designation intended for lots at or above 40,000 square feet. • Said that this amendment would be consistent with the General Plan’s designation of Residential-Low Density. • Informed that property owners were notified. One owner brought up the fact that six years ago, he was made to conform to the R-1-40,000 standards for an addition. The requirements are more restrictive than would have been the case using the R-1-20,000 requirements. • Said that no negative comments were received. Staff was able to speak with two of the three affected property owners. • Said that there are no findings. • Added that general State law calls for consistency between Zoning and General Plan. Commissioner Kundtz read the addresses into the record as 20500 Lomita Avenue, 20568 Lomita Avenue and 20550 Lomita Avenue. Commissioner Nagpal asked if this is the first of four General Plan changes allowed each year. City Attorney Jonathan Wittwer clarified that this is not a General Plan Amendment but rather a zoning designation change. Chair Cappello opened the public hearing for Agenda Item No. 3. Chair Cappello closed the public hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Nagpal, the Planning Commission recommended approval of a zoning designation change from R-1-40,000 to R-1-20,000 for three parcels located at 20500/20568/20550 Lomita Avenue, by the following roll call vote: 11 Saratoga Planning Commission Minutes of July 23, 2008 Page 10 AYES: Cappello, Hlava, Kumar, Kundtz, Nagpal and Zhao NOES: None ABSENT: Rodgers ABSTAIN: None *** DIRECTOR’S ITEMS There were no Director’s Items. COMMISSION ITEMS There were no Commission Items. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Kundtz, seconded by Commissioner Nagpal, Chair Cappello adjourned the meeting at approximately 7:56 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk 12 Item 1 REPORT TO THE PLANNING COMMISSION Application No. & Location: FER-08-0001; 21789 Villa Oaks Lane Type of Application: Fence Exception to the area of enclosure Applicant/Owner: Balakrishnan Staff Planner: Heather Bradley, Contract Planner Meeting Date: August 13, 2008 APN: 503-78-036 Department Head:_____________ John F. Livingstone, AICP 21789 Villa Oaks Lane 13 Application No. FER 08-0001; 21789 Villa Oaks Lane EXECUTIVE SUMMARY CASE HISTORY Application filed: 07/23/08 Application complete: 07/23/08 Notice published: 07/30/08 Mailing completed: 07/25/08 Posting completed: 08/07/08 PROJECT DESCRIPTION The applicant requests fence exception approval to permit a previously constructed vineyard and property fence located at 21789 Villa Oaks Lane. The average slope of the lot is 12.3%. The total enclosed area will be approximately 1.5 acres. The maximum height of the proposed fence will not exceed the 6-foot height limit. The maximum impervious coverage will not exceed the allowable 15,000 square feet. The lot size is approximately 144,184 square feet, and the site is located in the HR zoning district. Fence Exception approval is required pursuant to Saratoga Municipal Code Section 15-29.020 which limits the area fence enclosure within hillside districts to 4,000 square feet. STAFF RECOMMENDATION Staff recommends that the Planning Commission approve this fence exception application by adopting the attached resolution with conditions. Staff is not recommending any permanent conditions of approval for this project. 14 Application No. FER 08-0001; 21789 Villa Oaks Lane PROJECT DATA ZONING: HR (Hillside Residential) GENERAL PLAN DESIGNATION: RHC Hillside Conservation MEASURE G: Not applicable. PARCEL SIZE: Approximately 144,184 gross, 134,165 net (less access easement) AVERAGE SITE SLOPE: Approximately 12.3%. GRADING REQUIRED: Minimal (foundation work only) ENVIRONMENTAL DETERMINATION The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (e) accessory (appurtenant) structures. This exemption allows for the construction of fences. PROPOSED EXTERIOR MATERIALS AND COLORS The existing fence consists of black wrought iron adjacent to the house and rear yard, and wood and wire fencing around the vineyard. PROJECT DATA Proposal Code Requirements Site Coverage Residence Driveway Walks Covered Porch/Patio TOTAL 6,278 sq. ft. 2,630 sq. ft. 240 sq. ft. 1,328 sq. ft. 10,476 sq. ft. (7.8%) Maximum Allowable: 25% or 15,000 sq. ft. whichever is less: 15,000 sq. ft. max. Area of Enclosure 60,000 sq. ft. (Approximately) 4,000 sq. ft.1 Height in feet Fences 6 feet 6 feet 1The allowable area of enclosure is 4,000 square feet unless a fence exception is granted by the Planning Commission. 15 Application No. FER 08-0001; 21789 Villa Oaks Lane PROJECT DISCUSSION The applicant received Design Review approval at the Planning Commission meeting of July 23, 2008 to construct an approximately 1,179 square foot single-story addition to the existing 5,487 square foot residence. It was determined after the Public Hearing notices were mailed out that the property was not in compliance with the hillside district fencing regulations pertaining to the area that may be enclosed by a fence. The applicant was asked to submit a Fence Exception application for approval by the Planning Commission to rectify the status of the existing fencing. History Approximately 8 years ago a vineyard was planted on this property at the rear of the lot. It is assumed that in conjunction with this planting or some time soon after the fence was built in violation of the hillside district fencing regulations. The Planning Department only became aware of the issue upon review of the Design Review application for an addition to the existing residence. Fencing The existing fencing on the property does not comply with the hillside district fencing regulations contained within Saratoga Municipal Code Section 15-29, which limits the area of enclosure to 4,000 square feet. The Planning Commission can grant exceptions to the hillside district fencing regulations in regard to the maximum enclosed area if any of the following findings can be made: 1) Where the Planning Commission finds and determines that the visibility of the fence from public streets and adjacent properties will substantially be reduced by the topography, landscaping or other features of the site. 2) Where the Planning Commission finds and determines that the fence is required for safety reasons. 3) Where an exemption from the restriction against fencing enclosure has been granted by the Planning Commission for a “designated neighborhood area,” … The applicant has prepared a letter outlining their reasons for granting the request which is attached as Exhibit #2. Staff has determined that because of the location of the fence and the materials used that the fence is not substantially visible from public streets or adjacent properties and that because of the topography of the hillside and the existing vegetation cover provided by the vineyard itself that finding #1 can be met. Fence Exception finding The proposed project is consistent with the following finding for exceptions to the regulations of the Fencing within hillside district as stated in City Code Section 15- 29.020: 16 Application No. FER 08-0001; 21789 Villa Oaks Lane 1. Where the Planning Commission finds and determines that the visibility of the fence from public streets and adjacent properties will substantially be reduced by the topography, landscaping or other features of the site. In that the material and placement of the fence reduce its visibility from public streets and adjacent properties. Additionally the topography of the site and the existing landscaping and vineyard further reduce the visibility. This finding can be made in the affirmative. Arborist Review No trees will be affected by this proposal and therefore no Arborist review was required. Landscaping No additional landscaping is proposed. Neighbor Notification Staff has received Neighbor Notification forms from five neighboring property owners. The neighboring property owners to the north have expressed concern that the fence exception request not include the portion of the vineyard fence that is constructed on their property. Staff has included a condition of project approval that the Fence Exception Request is only for the subject property and does not include portions of the fence on the adjacent property. GENERAL PLAN FINDINGS The approval of the proposed project would be consistent with the following General Plan Goals and Policies as discussed below: · Land Use Element Policy 8.1 –Hillside development proposals shall minimize impacts to ridgelines, significant natural features, including but not limited to steep topography, major stands of vegetation, especially native vegetation and oak trees and watercourses hillside areas to undertake visual analyses and mitigate significant visual impacts. The fence will not be constructed on a ridgeline nor interfere with natural features or native vegetation and will not cause any visual impacts or interfere with any views. · Open Space and Conservation Element Goal 7 – Preserve and protect existing view sheds, view corridors, and scenic open spaces. The fence is constructed of materials such as wood posts with hog-wire and black wrought iron which limit the visibility of the fence from neighboring properties and public streets. A majority of the fence is completely screened from view by a vineyard and other portions are screened by mature oak trees. 17 Application No. FER 08-0001; 21789 Villa Oaks Lane STAFF RECOMMENDATION Staff recommends the Planning Commission approve the Fence Exception application by adopting the attached Resolution. ATTACHMENTS 1. Resolution of Approval 2. Applicant’s Correspondence 3. Correspondence from Neighbor at 22665 Garrod Road 4. City of Saratoga Notice, Noticing Affidavit, and Noticing Labels 5. Photos of existing fence materials 6. Applicant’s Plans, Exhibit "A" 18 Application No. FER 08-0001; 21789 Villa Oaks Lane RESOLUTION NO. ____ Application No. FER08-0001 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Balakrishnan; 21789 Villa Oaks Lane Approval of a fencing exception to the area of enclosure within a hillside district WHEREAS, the City of Saratoga Planning Commission has received an application for Fence Exception approval to permit an existing fence which encloses an area of approximately 60,000 square feet on a 134,165 (net) square foot lot located at 21789 Villa Oaks Lane, which is located in the HR district; and 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, which proposes to permit an existing fence is Categorically exempt from the Environmental Quality Act (CEQA) pursuant to Section 15303 (e) accessory (appurtenant) structures. This exemption allows for the construction of fences; and WHEREAS, the applicant has met the burden of proof required to support said application for design review approval, and the following findings specified in the Saratoga General Plan have been determined: · Land Use Element Policy 8.1 –Hillside development proposals shall minimize impacts to ridgelines, significant natural features, including but not limited to steep topography, major stands of vegetation, especially native vegetation and oak trees and watercourses hillside areas to undertake visual analyses and mitigate significant visual impacts. The fence will not be constructed on a ridgeline nor interfere with natural features or native vegetation and will not cause any visual impacts or interfere with any views. · Open Space and Conservation Element Goal 7 – Preserve and protect existing view sheds, view corridors, and scenic open spaces. The fence is constructed of materials such as wood posts with hog-wire and black wrought iron which limit the visibility of the fence from neighboring properties and public streets. A majority of the fence is completely screened from view by a vineyard and other portions are screened by mature oak trees. WHEREAS, the applicant has met the burden of proof required to support said application for fence exception approval, and the following findings specified in Saratoga Municipal Code Section 15-29.020 and the City’s Residential Design Handbook have been determined: 19 Application No. FER 08-0001; 21789 Villa Oaks Lane NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: 1. Where the Planning Commission finds and determines that the visibility of the fence from public streets and adjacent properties will substantially be reduced by the topography, landscaping or other features of the site. In that the material and placement of the fence reduce its visibility from public streets and adjacent properties. Additionally the topography of the site and the existing landscaping and vineyard further reduce the visibility. This finding can be made in the affirmative. Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, application number FER08-0001 for Design Review approval is hereby granted subject to the following conditions: PERMANENT CONDITIONS OF APPROVAL There are no permanent conditions of approval for this project. COMMUNITY DEVELOPMENT 1. The proposed fence shall be located and constructed as shown on “Exhibit A” (incorporated by reference, date stamped January 31, 2008). 2. Any proposed changes-including but not limited materials – to the approved plans shall be submitted in writing with a clouded set of plans highlighting the changes. 3. This fence exception, for an area of enclosure of greater than 4,000 square feet, shall pertain only to existing fences and future good neighbor fences on the rear property line located on the subject property at 21789 Villa Oaks Lane (APN 503- 78-036). This fence exception shall not pertain to fences on neighboring properties, and specifically shall not pertain to any fence or portion thereof located on the property at 22665 Garrod Road (APN 503-78-031). FIRE DEPARTMENT 16. The applicant shall comply with all requirements of the Saratoga Fire District. CITY ATTORNEY 17. Owner and Applicant shall indemnify, hold harmless and defend the City, its employees, agents, independent contractors and volunteers (collectively “City”) from any and all costs and expenses, including but not limited to attorney's fees incurred by the City or held to be the liability of City in connection with City's defense in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project or contesting any action or inaction in the City’s processing and/or approval of the subject application. 20 Application No. FER 08-0001; 21789 Villa Oaks Lane Section 2. Construction must be commenced within 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. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 13th day of August 2008 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 Date 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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 13th day of August 2008, 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: #FER08-0001 – 21789 Villa Oaks Lane APPLICANT: Balakrishnan APN: 503-78-018 PROJECT DISCRIPTION: The applicant requests fence exception approval to permit a previously constructed vineyard and property fence located at 21789 Villa Oaks Lane. The average slope of the lot is 12.3%. The total enclosed area will be approximately 1.5 acres. The maximum height of the propos ed fence will not exceed the 6-foot height limit. The maximum impervious coverage will not exceed the allowable 15,000 square feet. The lot size is approximately 144,184 square feet, and the site is located in the HR zoning district. Fence Exception approval is required pursuant to Saratoga Municipal Code Section 15 29.020. All interested persons may appear and be heard at the above time and place. In order to be included in the Planning Commission’s information packets, written communications should be filed no later than Friday August 1, 2008. A site visit will be held on the day preceding the hearing date listed above as part of the standard Site Visit Committee agenda. Site visits occur between 3:30 and 5:00 p.m. The site visit is open to the public. The Site Visit Committee will convene at the City Hall parking lot at 3:30 p.m. on the day preceding the hearing and visit the site listed above and may visit other sites as well. For more information please contact the Community Development Department at 408 868-1222 or review the Site Visit Agenda on the City Website at www.saratoga.ca.us. 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. Heather Bradley Contract Planner hbradley@saratoga.ca.us (408) 868-1232 36 AFFIDAVIT OF MAILING NOTICES I, Denise Kaspar , being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 years; that acting for the City of Saratoga Planning Commission on the 24th day of July , 2008, that I deposited 27 Notices in the United States Post Office, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Sectio n 15-45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property described as: APN: 503-78-036 Address: 21789 Villa Oaks Lane that on said day there was regular communication by United States Mail to the addresses shown above. 37 July 24, 2008 500' Ownership Listing Prepared for: 503-78-036 BALU & M BALAKRISHNAN 21789 VILLA OAKS LN SARATOGA CA 95070-9718 503-12-001 VINCE S GARROD 22600 MOUNT EDEN RD SARATOGA CA 95070-9758 503-12-037 JOHN R & PAMELA STRINGER 22653 GARROD RD SARATOGA CA 95070-9781 503-12-038 CHAO T WU 991 W HEDDING ST SAN JOSE CA 95126-1248 503-12-039 DAVID F & CAROL ANDERSON 22661 GARROD RD SARATOGA CA 95070-9781 503-15-070, 76, 77 DAVID L HOUSE SARATOGA CA 95070-4207 503-57-005 GRENS FAMILY TRUST 13451 OLD OAK WAY SARATOGA CA 95070-4206 503-57-006 BARBARA BELLISSMO 13463 OLD OAK WAY SARATOGA CA 95070 503-69-017 KOHLER FAMILY TRUST 21842 VIA REGINA SARATOGA CA 95070-4845 503-69-018 JIANGUO JIANG 1550 S MARY AVE SUNNYVALE CA 94087-4155 503-69-025 MAIROSE R F & W W 105 BONAVENTURA DR SAN JOSE CA 95134 503-69-026 HANNELORE E THOMAS PO BOX 2517 SARATOGA CA 95070-0517 503-78-001 NG B K & H C Y 1994 FAMILY 21720 VILLA OAKS LN SARATOGA CA 95070-9741 503-78-002 MARK S & YURA SHIEU 21778 VILLA OAKS LN SARATOGA CA 95070-9741 503-78-003 KENNETH L & MARILYN RIDING 21836 VILLA OAKS LN SARATOGA CA 95070-9741 503-78-004 BLAITTLER CONSTRUCTION INC 819 VIA JUAN PABLO SAN JUAN BAUTISTA CA 95045- 9324 503-78-005 ANDREW J & PAMELA BROWN 21952 VILLA OAKS LN SARATOGA CA 95070-9743 503-78-015 PETE E & VICTORIA PAPPANASTOS 13475 DEER TRAIL CT SARATOGA CA 95070-9739 503-78-016 JIMMY & EILEEN JUE 21903 VILLA OAKS LN SARATOGA CA 95070-9744 503-78-017 DAVID M & NANCY LIETZKE 21847 VILLA OAKS LN SARATOGA CA 95070-9742 503-78-019 MICHAEL L & STELLA ROSENDIN 13506 DEER TRAIL CT SARATOGA CA 95070-9737 503-78-020 MADHU & ANJALI SRIDHAR 13536 DEER TRAIL CT SARATOGA CA 95070-9737 503-78-030, 31 HEYGO PROPERTY HOLDINGS LLC 22665 GARROD RD SARATOGA CA 95070-9781 503-78-033, 35, 37, 38 BALAKRISHNAN B & M FAMILY 21789 VILLA OAKS LN SARATOGA CA 95070 503-78-036 BALU & M BALAKRISHNAN 21789 VILLA OAKS LN SARATOGA CA 95070-9718 38 CITY OF SARATOGA ATTN: HEATHER BRADLEY 13777 FRUITVALE AVENUE SARATOGA CA 95070 Advanced Listing Services P.O. Box 2593 Dana Point CA 92624 Northern California Carpenters Regional Council Alex Lantsberg, Research Dept. 265 Hegenberger Rd., Suite 220 Oakland, CA 94621 39 NNOOTTIICCEE TTOO CCRREEDDIITTOORRSS OOFF BBUULLKK SSAALLEE ((UUCCCC SSeecc.. 66110011 eett sseeqq.. aanndd BB && PP SSeecc.. 2244007744 eett sseeqq..)) EEssccrrooww NNoo.. 7700333311--KKZZ NOTICE IS HEREBY GIVEN that a bulk sale of assets and a transfer of alcoholic bever- age license(s) is about to be made. The name, address of the Seller/Licensee are: MASOUD TAYEBI, 18486 PROSPECT RD, SARATOGA, CA 95070 The names, and addresses of the Buyer/Transferee are: LORENZO MENDEZ AND VERONICA RODRIGUEZ, 18486 PROSPECT RD, SARATOGA, CA 95070 As listed by the Seller/Licensee, all other business names and address(es) used by the Seller/Licensee within three years before the date such list was delivered to Buyer/Transferee are: NONE The assets to be sold are described in general as: ALL ASSETS OF THE BUSINESS KNOWN AS: TAQUERIA MI TIERRA, PREVIOUSLY KNOWN AS BELLA CAFE and located at: 18486 PROSPECT RD, SARATOGA, CA 95070 The kind of license to be transferred is: ON SALE BEER AND WINE-EATING PLACE, License Number: 41- 426680 now issued for the premises located at: 18486 PROSPECT RD, SARATOGA, CA 95070 The anticipated date of the sale/transfer is: AUGUST 15,2008 at the office of: ESCROW CONTROL COMPA- NY, 830 KIELY BLVD, STE 103, SANTA CLARA, CA 95051 It has been agreed between the seller(s)/licensee(s) and the intended buyer(s)/trans- feree(s), as required by Sec. 24073 of the Business and Professions code, that the consideration for transfer of the business and license is to be paid only after the transfer has been approved by the Department of Alcoholic Beverage Control. All claims must be received prior to the date on which the liquor license is trans- ferred by the Department of Alcoholic Beverage Control. Dated: JULY 23, 2008 LORENZO MENDEZ AND VERONICA RODRIGUEZ, PCTS LA142674 (Pub SN 7/30) OORRDDEERR TTOO SSHHOOWW CCAAUUSSEE FFOORR CCHHAANNGGEE OOFF NNAAMMEE CCAASSEE NNOO.. 110088CCVV111177776644 SUPERIOR COURT OF CALI- FORNIA, COUNTY OF SANTA CLARA, 191 NORTH FIRST STREET, SAN JOSE, CA 95113 IN THE MATTER OF THE PETI- TION OF VEENA JAIN & SUNIL K. JAIN THE COURT FINDS that Petitioner(s) VEENA JAIN AND SUNIL K. JAIN has/have filed for a decree changing name(s) as follows: PPrreesseenntt nnaammee:: AANNKKIITT NNIIKKHHIILL JJAAIINN PPrrooppoosseedd nnaammee:: NNIIKKMMIILL AANNKKIITT JJAAIINN THE COURT ORDERS that all persons interested in this matter shall appear before this court at the hearing indi- cated below to show cause, if any, why the petition for change of name should not be granted. Notice of Hearing on SSEEPP-- TTEEMMBBEERR 22,, 22000088 at 8:45 a.m. in ROOM 107 located at 191 North First Street, San Jose, CA 95113. A COPY of this order to show cause shall be published at least once each week for four successive weeks prior to the date set for hearing on the petition in the following newspaper of general circu- lation, SARATOGA NEWS, printed in the County of Santa Clara. Dated: JULY 21, 2008 /Mary Ann Grilli / Judge of the Superior Court (Pub SN 7/30, 8/6, 8/13, 8/20) NNOOTTIICCEE OOFF DDEEAATTHH OOFF KKAATTHHEERRIINNEE MMAARR HHAARRDDTT LLEERRMMAANN To all heirs, beneficiaries, creditors, contingent credi- tors, and persons who may otherwise be interested in the will or estate, or both of KATHERINE MAE HARDTLER- MAN, who was a resident of Santa Clara County, State of California, and died on May 23, 2008, in Saratoga, California. IF YOU ARE A CREDITOR or contingent creditor of the deceased, you must file your claim within four months from the date of first publica- tion with the DERMER law firm, 15720 Winchester Boulevard, Suite 1, Los Gatos, California, 95030 (408)935-5111. Martin D. Dermer, Eqs. DERMER LAW FIRM 15720 Winchester Blvd. Ste 1 Los Gatos, CA 95030 Tel: (408)395-5111 Fax (408)354-2797 (Pub SN 7/30, 8/6, 8/13) NNOOTTIICCEE OOFF PPEETTIITTIIOONN TTOO AADDMMIINNIISSTTEERR EESSTTAATTEE OOFF EELLEEAANNOORR MM.. BBEEVVIINNSS CCAASSEE NNOO.. 11--0088--PPRR--116633660055 To all heirs, beneficiaries, creditors, contingent credi- tors, and persons who may otherwise be interested in the will or estate, or both of MILDRED ELEANOR BEVINS, ELEANOR BEVINS A PETITION has been filed by SANDRA M. HUGHES in the Superior Court of California, County of Santa Clara. THE PETITION requests that SANDRA M. HUGHES be appointed as personal repre- sentative to administer the estate of the decedent. THE PETITION requests the decedent’s WILL and codi- cils, if any, be admitted to probate. The will and any codicils are available for examination in the file kept by the court. THE PETITION requests authority to administer the estate under the Independent Administration of Estates Act. (This author- ity will allow the personal representative to take many actions without obtaining court approval. Before tak- ing certain very important actions, however, the per- sonal representative will be required to give notice to interested persons unless they have waived notice or consented to the proposed action.) The independent administration authority will be granted unless an inter- ested person files an objec- tion to the petition and shows good cause why the court should not grant the authority. A HEARING on the petition will be held on AAUUGGUUSSTT 2211,, 22000088, 9:00 a.m. in Dept. 15 located at 191 North First St., San Jose, CA 95113. IF YOU OBJECT to the granti- ng of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney. IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mail a copy to the personal repre- sentative appointed by the court within four months from the date of first issuance of letters as provid- ed in section 9100 of the California Probate Code. The time for filing claims will not expire before four months from the hearing date noticed above. YOU MAY EXAMINE the file kept by the court. If you are a person interested in the estate, you may file with the court a formal Request for Special Notice of the filing of an inventory and appraisal of estate assets or of any peti- tion or account as provided in section 1250 of the California Probate Code. A Request for Special Notice form is available from the court clerk. Attorney for petitioner: NICOLE A. DAVIDSON LAW OFFICES OF NICOLE A. DAVIDSON P.O. BOX 125, ALAMO, CA 94507-0125 925-932-5555 (Pub SN 7/23, 7/30, 8/6) NNOOTTIICCEE OOFF PPEETTIITTIIOONN TTOO AADDMMIINNIISSTTEERR EESSTTAATTEE OOFF DDAAVVIIDD EELLII NNIIEERREENNBBEERRGG,, aakkaa DDAAVVIIDD EE.. NNIIEERREENNBBEERRGG CCAASSEE NNOO.. 11--0088--PPRR--116633552255 To all heirs, beneficiaries, creditors, contingent credi- tors, and persons who may otherwise be interested in the will or estate, or both of DAVID ELI NIERENBERG AND DAVID E. NIERENBERG A PETITION has been filed by JOAN V. NIERENBERG AND WENDY N. GIBNEY in the Superior Court of California, County of Santa Clara. THE PETITION requests that JOAN V. NIERENBERG AND WENDY N. GIBNEY be appointed as personal repre- sentative to administer the estate of the decedent. THE PETITION requests the decedent’s WILL and codi- cils, if any, be admitted to probate. The will and any codicils are available for examination in the file kept by the court. THE PETITION requests authority to administer the estate under the Independent Administration of Estates Act. (This author- ity will allow the personal representative to take many actions without obtaining court approval. Before tak- ing certain very important actions, however, the per- sonal representative will be required to give notice to interested persons unless they have waived notice or consented to the proposed action.) The independent administration authority will be granted unless an inter- ested person files an objec- tion to the petition and shows good cause why the court should not grant the authority. A HEARING on the petition will be held on AAUUGGUUSSTT 2288,, 22000088, 9:00 a.m. in Dept. 15 located at 191 North First St., San Jose, CA 95113. IF YOU OBJECT to the granti- ng of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney. IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mail a copy to the personal repre- sentative appointed by the court within four months from the date of first issuance of letters as provid- ed in section 9100 of the California Probate Code. The time for filing claims will not expire before four months from the hearing date noticed above. YOU MAY EXAMINE the file kept by the court. If you are a person interested in the estate, you may file with the court a formal Request for Special Notice of the filing of an inventory and appraisal of estate assets or of any peti- tion or account as provided in section 1250 of the California Probate Code. A Request for Special Notice form is available from the court clerk. Attorney for petitioner: JODY L. BRYSON, ESQ. TEMMERMAN, CILEY & KOHLMANN, LLP 2502 STEVENS CREEK BLVD. SAN JOSE, CA 95128-1654 408-998-9500 (Pub SN 7/23, 7/30, 8/6) NNOOTTIICCEE OOFF PPEETTIITTIIOONN TTOO AADDMMIINNIISSTTEERR EESSTTAATTEE OOFF MMAARRIIEE LLOOUUIISSEE MMAARRTTIINNEEZZ CCAASSEE NNOO.. 11--0088--PPRR--116633336677 To all heirs, beneficiaries, creditors, contingent credi- tors, and persons who may otherwise be interested in the will or estate, or both of MARIE LOUISE MARTINEZ A PETITION has been filed by BENIGNO A. MARTINEZ, JR. in the Superior Court of California, County of Santa Clara. THE PETITION requests that BENIGNO A. MARTINEZ be appointed as personal repre- sentative to administer the estate of the decedent. THE PETITION requests the decedent’s WILL and codi- cils, if any, be admitted to probate. The will and any codicils are available for examination in the file kept by the court. THE PETITION requests authority to administer the estate under the Independent Administration of Estates Act. (This author- ity will allow the personal representative to take many actions without obtaining court approval. Before tak- ing certain very important actions, however, the per- sonal representative will be required to give notice to interested persons unless they have waived notice or consented to the proposed action.) The independent administration authority will be granted unless an inter- ested person files an objec- tion to the petition and shows good cause why the court should not grant the authority. A HEARING on the petition will be held on AAUUGGUUSSTT 1188,, 22000088, 9:00 a.m. in Dept. 15 located at 191 North First St., San Jose, CA 95113. IF YOU OBJECT to the granti- ng of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney. IF YOU ARE A CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mail a copy to the personal representative appointed by the court within four months from the date of first issuance of letters as provid- ed in section 9100 of the California Probate Code. The time for filing claims will not expire before four months from the hearing date noticed above. YOU MAY EXAMINE the file kept by the court. If you are a person interested in the estate, you may file with the court a formal Request for Special Notice of the filing of an inventory and appraisal of estate assets or of any peti- tion or account as provided in section 1250 of the California Probate Code. A Request for Special Notice form is available from the court clerk. Attorney for petitioner: RICHARD D. NELSON (SBN 051942) 300 DRAKE’S LANDING RD., SUITE 200 GREENBRAE, CA 94904 415-464-8855 (Pub SN 7/16, 7/23, 7/30) NOTICE OF HEARING BEFORE PLANNING COMMISSION CITY OF SARATOGA’S PLANNING COMMISSION announces the following public hearings on Wednesday, the 13th day of August 2008 at 7:00 p.m. in the City Council Chambers located at 13777 Fruitvale Avenue, Saratoga, CA 95070. Details and plans are avail- able at the Saratoga Community Development Department, Monday through Thursday, 7:30 a.m. - 5:00 p.m. If you have ques- tions, Planners are available at the public counter between the hours of 7:30 a.m. and 12:00 noon. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pur- suant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission’s infor- mation packets, written com- munications should be filed on or before the Tuesday, a week before the meeting. A site visit will be held on the day preceding the hearing date listed above as part of the standard Site Visit Committee agenda.~ Site visits occur between 3:30 and 5:00 p.m.~ The site visit is open to the public.~ The Site Visit Committee will convene at the City Hall parking lot at 3:30 p.m. on the day preceding the hear- ing and visit the site listed above and may visit other sites as well. For more infor- mation please contact the Community Development Department at 408 868- 1222 or review the Site Visit Agenda on the City Website at www.saratoga.ca.us. AApppplliiccaattiioonn## PPDDRR0088--00002266 (Zarkesh) 14575 Horseshoe Drive (397-20-049): The applicant requests Design Review approval to add a single story addition to the existing single story resi- dence. The addition includes approximately 1,428 square feet to the existing 3,061 square foot single-story resi- dence. The total proposed floor area will be approxi- mately 4,489 square feet. The maximum height of the proposed building will not exceed the 26-foot height limit. The maximum impervi- ous coverage will not exceed the allowable 45% of the net site area. The lot size is approximately 22,500 square feet, and the site is located in the R-1-20,000 zoning district. Design Review approval is required pursuant to Saratoga Municipal Code Section 15- 45.060. AApppplliiccaattiioonn ##FFEERR0088--00000011 (Balakrishnan) 21789 Villa Oaks Lane (503-78-018): The applicant requests fence exception approval to permit a previously constructed vineyard and property fence located at 21789 Villa Oaks Lane. The average slope of the lot is 12.3%. The total enclosed area will be approx- imately 1.5 acres. The maxi- mum height of the proposed fence will not exceed the 6- foot height limit. The maxi- mum impervious coverage will not exceed the allowable 15,000 square feet. The lot size is approximately 144,184 square feet, and the site is located in the HR zoning district. Fence Exception approval is required pursuant to Saratoga Municipal Code Section 15-29.020. (Pub SN 7/30) NNOOTTIICCEE IINNVVIITTIINNGG BBIIDDSS KKEEVVIINN MMOORRAANN PPAARRKK IIMMPPRROOVVEEMMEENNTTSS SEALED BIDS will be received by the CITY OF SARATOGA (CITY) until 10:00 a.m. August 26, 2008 for Kevin Moran Park Improvements. Sealed bids shall be submitted addressed and noted as fol- lows: Public Works Director City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Sealed Bid for Kevin Moran Park Improvements All bids must be accompa- nied by bidder’s security in accordance with California Public Contract Code Sections 20170 et seq. Following the closure of the bid submittal period, bids will be publicly opened and read for performing work as follows: Furnishing all labor, materi- als, equipment, and perform- ing all work necessary and incidental to the construc- tion of the project known as Kevin Moran Park Improvements, according to drawings and specifications as prepared by MPA Design and according to the Contract Documents. The work to be done consists of supplying all labor, meth- ods or processes, imple- ments, tools, machinery, equipment and materials to replace 4 acres of remnant orchard trees on the north and south ends of the park with developed park uses and the construction of new NOTICE OF HEARING BEFORE PLANNING COMMISSION CITY OF SARATOGA’S PLANNING COMMISSION announces the following pub- lic hearings on Wednesday, the 13th day of August 2008 at 7:00 p.m. in the City Council Chambers located at 13777 Fruitvale Avenue, Saratoga, CA 95070. Details and plans are available at the Saratoga Community Development Department, Monday through Thursday, 7:30 a.m. - 5:00 p.m. If you have questions, Planners are available at the pub- lic counter between the hours of 7:30 a.m. and 12:00 noon. All interested persons may appear and be heard at the above time and place. If you chal- lenge 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 hear- ing(s) described in this notice, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission’s information packets, written communications should be filed on or before the Tuesday, a week before the meeting. A site visit will be held on the day preceding the hearing date listed above as part of the standard Site Visit Committee agenda.~ Site visits occur between 3:30 and 5:00 p.m.~ The site visit is open to the public.~ The Site Visit Committee will convene at the City Hall parking lot at 3:30 p.m. on the day preceding the hearing and visit the site listed above and may visit other sites as well. For more information please contact the Community Development Department at 408 868-1222 or review the Site Visit Agenda on the City Website at [ http://www.saratoga.ca.us/ ]www.saratoga.ca.us. APPLICATION ZOA07-0001 (City-Wide); - The Planning Commission will consider a draft ordinance that will update existing regulations regarding fences, walls, and hedges. The draft ordinance proposes to: (1) establish an exception process that would allow prop- erty owners to exceed the maximum permitted fence height; (2) change permitted fencing height and enclosure limitations in the hillside district; and (3) clarify ambiguous language and areas of the code that are currently difficult to enforce. Other related topics, includ- ing but not limited to, regulations regarding chain link fencing, an initial study, and neg- ative declaration for the project will also be reviewed and discussed. (Pub SN 7/30/08) General Notices City Legals 40 park facilities, including a tennis court, half basketball court, two bocce courts, rolling and gently sloping flat grass areas, picnic areas, a meditation garden, a screened area for storage of sports equipment, associat- ed park facilities, a restroom and other work not specifi- cally mentioned herein, but which may be required as directed by CITY or its desig- nated representative. CITY hereby notifies all Bidders that it will affirma- tively ensure that in regard to any contract entered into pursuant to this Invitation for Bid, Disadvantaged Business Enterprises (DBE’s) will be afforded full opportunity to submit Bids in response to this invitation and will not be discriminated against on the basis of race, color, sex, national origin, in considera- tion for an award. Project is to be completed within 180 calendar days from the date specified in the Notice to Proceed. The Contractor shall pay to the City of Saratoga the sum of $300 for each and every cal- endar day’s delay in finishing the work in excess of the cal- endar day completion time. Bidders may obtain copies of the bidding documents at City of Saratoga Public Works Department, 13777 Fruitvale Avenue, Saratoga, CA 95070. The bid documents are avail- able in either hard copy or electronic copy. There is no charge for the bid documents for this project. A set of the documents may be obtained via the mail. Send requests for project drawings and specifications to City of Saratoga; 13777 Fruitvale Avenue; Saratoga, California 95070; Attn: Public Works Director. Please specify your preference of the bid docu- ments format (hard copy or electronic copy). The pre-bid site walk is scheduled at 10:00 a.m. on Monday, August 4, 2008 at the Kevin Moran Park located at 12415 Scully Avenue, Saratoga. All prospective bidders and subcontractors are encouraged to attend the site walk and inspect the site of the proposed work and the actual conditions of and at the site Pursuant to California Labor Code Section 1771, the suc- cessful bidder and all sub- contractors shall pay not less than the prevailing rate of per diem wages as deter- mined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are available for view at the City of Saratoga Department of Public Works. Pursuant to California Public Contract Code Section 22300, the Contractor may, at its option, choose to sub- stitute securities for monies earned by the Contractor and retained by CITY to ensure the performance of the Contract. Pursuant to California Public Contract Code Section 3300, City has determined that the Contractor shall possess a valid Class Class A (General Engineering Contractor) or Class B (General Building Contractor) License at the time that the bid is submit- ted. Failure to possess the specified license shall render the bid non-responsive. The successful bidder will be required to furnish a pay- ment bond in the amount equal to one hundred per- cent (100%) of the Contract Price, as well as a faithful performance bond, in the amount equal to one hun- dred percent (100%) of the Contract Price. The bonds shall be on the forms included in the Contract Documents. The successful bidder shall insure that employees and applicants for employment are not discriminated against on the basis of age, color, race, national origin, ances- try, religion, sex, sexual pref- erence, or marital status, and shall comply with the Americans with Disabilities Act. Bids will be examined and reported to the City of Saratoga City Council (Council) at a meeting within sixty (60) days of the bid opening. CITY reserves the right to reject any and all bids, or to waive any irregu- larities or informalities in any bid or in the bidding proce- dure, or to postpone the bid opening or award for good cause. No Bidder may with- draw its bid for a period of sixty calendar days after the date of opening of the bids. Each bidder will be notified of award of contract, if award is made. Contract Documents, Forms of Bid and any questions concerning this bid should be addressed to Public Works Director, City of Saratoga, (408) 868-1239. CITY OF SARATOGA Office of the Clerk (Pub SN 7/24) OORRDDIINNAANNCCEE –– 225599 AANN OORRDDIINNAANNCCEE AAMMEENNDDIINNGG TTHHEE SSAARRAATTOOGGAA MMUUNNIICCIIPPAALL CCOODDEE PPRROOCCEEDDUURREESS FFOORR SSEETTTTIINNGG AAPPPPEEAALL HHEEAARRIINNGGSS BBEEFFOORREE TTHHEE CCIITTYY CCOOUUNNCCIILL AANNDD PPLLAANNNNIINNGG CCOOMMMMIISS -- SSIIOONN TTHHEE CCIITTYY CCOOUUNNCCIILL OOFF TTHHEE CCIITTYY OOFF SSAARRAATTOOGGAA DDOOEESS OORRDDAAIINN AASS FFOOLLLLOOWWSS:: WWHHEERREEAASS,,the City seeks to provide a fair an open process of government administration that provides opportunities for public review of certain City deci- sions and opportunities for the public to appeal those decisions in a timely manner; WHEREAS, the City seeks to provide flexibility in setting dates for consideration of appeals in recognition of res- idents’ schedules and to pro- vide time for parties to dis- putes concerning City deci- sions to reach resolution of those disputes prior to con- sideration of the matter on appeal; WHEREAS, the City also seeks to bring disputed mat- ters to prompt resolution to ensure the effective function- ing of government and in respect for the interests of parties to disputed matters to timely decisions by the City; and WHEREAS, amendments to the City Code to further these objectives have been pro- posed and duly considered and recommended by the Planning Commission and considered by the City Council. SSeeccttiioonn 11.. AAddooppttiioonn.. The Saratoga City Code is hereby amended as set forth below (text to be inserted is presented with double underlining while text to be deleted is shown in strike- out): A. Section 2-05.030 (e) of the Saratoga Municipal Code is amended as follows: (e) Schedule of hearing; notice. Upon the filing of the notice of appeal and pay- ment of the appeal fee, or upon an appeal being initiat- ed by members of the City Council, the City Clerk shall schedule the matter for hear- ing at the next available reg- ular meeting of the City Council to be held within thirty days after the date on which the appeal is filed or initiated. The City Clerk shall give notice of the date, time and place of the hearing to the appellant, and to the applicant if other than the appellant, not less than ten days prior to the hearing, unless such notice has been waived by the party entitled to receive the same. by the City Council as follows: 1. A proposed hearing date shall be set within two busi- ness days. The proposed date shall be within 30 calen- dar days of the date the appeal was filed, except as provided in subparagraph 2, below. The City Clerk shall immediately inform the appellant and the applicant of the proposed date, time, and place of the hearing at an e-mail address or fax number provided to the City at the time the appeal or application was filed. If the appellant or applicant within two business days requests in writing that the proposed hearing date be extended, then the City Clerk shall set the date for the next regular meeting of the City Council occurring after the proposed date. The City Clerk shall inform the appellant and applicant of the new hearing date, time and place via e- mail or fax. 2. If it is not possible to set the proposed date in a man- ner that allows the City to provide any notice required by law and set the proposed date at a regularly scheduled meeting within 30 calendar days of the date the appeal was filed, the date shall be set at the first regularly scheduled Council meeting following the close of any applicable notice period. The City Clerk shall immedi- ately inform the appellant and the applicant of the date, time, and place of the hear- ing at an e-mail address or fax number provided to the City at the time the appeal or application was filed. If the hearing date is set pursuant to this subparagraph 2, then neither the applicant nor appellant shall be authorized to request a change in the hearing date as described in subparagraph 1, above. 3. After a hearing date has been set in accordance with subparagraph 1 or 2, above, the appellant or the appli- cant may request in writing, and the City Clerk shall grant, a continuance of the date provided that the request for continuance is received by the City Clerk no later than 14 calendar days prior to the date set for hearing. The continuance shall be until the next regular meeting of the City Council occurring after the date for which the matter had been set. No fur- ther continuances may be authorized by the City Clerk. (f) Public Notice. If a public hearing is conducted on the appeal, notice thereof shall also be published once at least ten calendar days prior to the hearing in a newspa- per having general circula- tion in the City and mailed or delivered at least ten calen- dar days prior to the hearing to any other persons who were entitled under the pro- visions of this Code to receive notice of the pro- ceedings at which the admin- istrative determination or decision was made. B. Section 2-05.030, para- graphs (f) through (h) are redesignated as paragraphs (g) through (i), respectively. C. Section 1-10.030 of the Saratoga Municipal Code is amended as follows: “Business day” means any day other than a holiday or day that the City offices are closed for the entire day for any reason. D. Section 15-90.060(a) of the Saratoga Municipal Code is amended as follows: 15-90.060 Review by Planning Commission. (a) Schedule of hearing; notice. Upon receipt of the notice of appeal and pay- ment of the filing fee, the Secretary of the Planning Commission shall schedule the matter for hearing at the next available regular meeting of the Planning Commission to be held with- in thirty days after the date on which the notice of appeal is filed. The Secretary of the Planning Commission shall give notice of the date, time and place of the hearing to the appellant, and to the applicant if other than the appellant, not less than ten days prior to the hearing, unless such notice is waived by the party entitled to receive the same. If a public hearing is conducted on the appeal, notice shall be given in accordance with Section 65091 of the Government Code, except that such notice shall be mailed or delivered to all persons shown on the latest available assessment roll as owning any real prop- erty within five hundred feet of the real property that is the subject of the hearing. Appeals to the Planning Commission shall be sched- uled and noticed according the terms applicable to appeals to the City Council as set forth in subparagraphs (e) and (f) of section 2- 05.030 except that all refer- ences therein to the City Council shall be references to the Planning Commission and all references to the City Clerk shall be references to the Secretary of the Planning Commission. * * * * * SSeeccttiioonn 22.. CCaalliiffoorrnniiaa EEnnvviirroonnmmeennttaall QQuuaalliittyy AAcctt.. Pursuant to the California Environmental Quality Act, this action is exempt under CEQA Guidelines Section 5061(b)(3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA). Section 3. Publication. This ordinance was properly noticed and reviewed by the Planning Commission at a public meeting on May 28, 2008. This ordinance or a compre- hensive summary thereof shall be published in a news- paper of general circulation of the City of Saratoga within fifteen days after its adop- tion. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 2nd day of July, 2008, and was adopted by the following vote following a second read- ing on the 16th day of July, 2008: COUNCIL MEMBERS: AYES: Aileen Kao, Jill Hunter, Kathleen King, Vice Mayor Chuck Page, Mayor Ann Waltonsmith NAYS: None ABSENT: None ABSTAIN: None SIGNED: Ann Waltonsmith, MAYOR OF THE CITY OF SARATOGA ATTEST: Ann Sullivan, ACTING CITY CLERK OF THE Saratoga, California CITY OF SARATOGA APPROVED AS TO FORM: Richard Taylor, CITY ATTORNEY (Pub SN 7/30) NOTICE OF TRUSTEE’S SALE TS # CA-08-157344-ED LOAN # 0707820684 YOU ARE IN DEFAULTUNDER A DEED OF TRUST DATED 2/24/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier’s check drawn on a state or national bank, check drawn by state or federal credit union, or a check drawn by a state or federal savings and loan associa- tion, or savings association, or savings bank specified in Section 5102 to the Financial code and authorized to do business in this state, will be held by duly appoint- ed trustee. The sale will be made, but without covenant or warran- ty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reason- ably estimated to be set forth below. The amount may be greater on the day of sale. BENEFICIARY MAY ELECT TO BID LESS THAN THE TOTAL AMOUNT DUE. Trustor(s): SANDRA G ZARI, AN UNMAR- RIED WOMAN Recorded: 3/7/2006 as Instrument No. 18832262 in book xxx, page xxx of Official Records in the office of the Recorder of SANTA CLARA County, California; Date of Sale: 8/19/2008 at 11:00 AM Place of Sale: At the North Market Street entrance to the County Courthouse, 190 North Market Street, San Jose, CA. Amount of unpaid balance and other charges: $378,062.51 The purported property address is: 19419 VINEYARD LN SARATOGA CA SARATOGA, CA 95070 Assessors Parcel No. 389-08-014 The under- signed Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein. If no street address or other com- mon designation is shown, directions to the location of the property may be obtained by sending a writ- ten request to the beneficia- ry within 10 days of the date of first publication of this Notice of Sale. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. Date: 7/29/2008 Quality Loan Service Corp. 2141 5th Avenue San Diego, CA 92101 619-645-7711 For NON SALE information only Sale Line: 714-730-2727 or Login to: www.fidelityasap.com Reinstatement Line: 619-645-7711 x3704 Erik Rasanen, If you have previously been discharged through bank- ruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holder’s rights against the real prop- erty only. THIS NOTICE IS SENT FOR THE PURPOSE OF COLLECT- ING A DEBT. THIS FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE HOLDER AND OWNER OF THE NOTE. ANY INFORMATION OBTAINED BY OR PROVIDED TO THIS FIRM OR THE CREDI- TOR WILLBE USED FOR THAT PURPOSE. As required by law, you are hereby notified that a nega- tive credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obliga- tions. AASSAAPP## 22881199337766 (Pub SN 7/30, 8/6, 8/13) Trustee SalesNOTICE OF STUDY SESSION BEFORE PLANNING COMMISSION CITY OF SARATOGA’S PLANNING COMMISSION announces the following pub- lic hearings on Wednesday, the 12th day of August 2008 at 5:00 p.m. in the Administrative Conference Room located at 13777 Fruitvale Avenue, Saratoga, CA 95070. Details and plans are available at the Saratoga Community Development Department, Monday through Thursday, 7:30 a.m. - 5:00 p.m. If you have questions, Planners are available at the public counter between the hours of 7:30 a.m. and 12:00 noon. All interested persons may appear and be heard at the above time and place. If you chal- lenge 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 hear- ing(s) described in this notice, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission’s information packets, written communications should be filed on or before the Tuesday, a week before the meeting. A site visit will be held on the day preceding the hearing date listed above as part of the standard Site Visit Committee agenda.~ Site visits occur between 3:30 and 5:00 p.m.~ The site visit is open to the public.~ The Site Visit Committee will convene at the City Hall parking lot at 3:30 p.m. on the day preceding the hearing and visit the site listed above and may visit other sites as well. For more information please contact the Community Development Department at 408 868-1222 or review the Site Visit Agenda on the City Website at [ http://www.saratoga.ca.us/ ]www.saratoga.ca.us. Application #ADR08-0014 (Murabito), 15253 Montalvo Road (517-18-026): The appli- cant requests Design Review approval to add a second-story addition to an existing sin- gle-story home for a total floor area of 5,835 square-feet. The owners are proposing a 32’- 2” roof which exceeds the 26-foot height limitation and thus requires findings for a con- ditional use permit. A study session is being held to review the proposal for design stan- dards such as bulk and mass and adherence to the “French Eclectic” architectural style. The gross lot size is 38,146 square feet and the site is zoned R-1-40,000. (Pub SN 7/30/08) Important Information: No refunds after submission. Canceled ads will receive credit for future advertising, not a refund. Ads must be canceled before deadline for that issue. Advertisements are accepted upon the representation that the advertiser and/or its agency have the right to publish the contents thereof. In consid- eration of such publication, advertiser and its agency agree to indemnify and hold the publisher harmless against any expense or loss by reason of any claims arising out of publication. The publisher reserves the right to edit, alter, omit, or refuse any advertising submitted. For policies concerning specific categories, please refer to the paragraph at the beginning of the category or call us at 408.200.1025 or email us at classifieds@community-newspapers.com. Silicon Valley Community Newspapers accepts no liability for its failure, for any cause, to insert an advertisement. Liability for any error appearing in an adver- tisement is limited to the cost of the space actually occupied. No allowance, how- ever, will be granted for an error that does not materially affect the value of the advertisement. To qualify for an adjustment, any error must be reported within 15 days of publication date. Credit for errors is limited to first insertion. 41 42 43 44 Item 2 REPORT TO THE PLANNING COMMISSION Application No. & Location: PDR 08-0026; 14575 Horseshoe Drive Type of Application: Design Review to add a single-story to an existing one-story residence Applicant/Owner: Zarkesh Staff Planner: Heather Bradley, Contract Planner Meeting Date: August 13, 2008 APN: 397-20-049 Department Head:_____________ John F. Livingstone, AICP 14575 Horseshoe Drive 45 Application No. PDR-08-026; 14575 Horseshoe Drive EXECUTIVE SUMMARY CASE HISTORY Application filed: 08/03/07 Application complete: 07/09/08 Notice published: 07/30/08 Mailing completed: 07/28/08 Posting completed: 08/07/08 PROJECT DESCRIPTION The applicant requests Design Review approval to add a single story addition to the existing single story residence. The addition includes approximately 1,428 square feet to the existing 3,061 square foot single-story residence. The total proposed floor area will be approximately 4,489 square feet. The maximum height of the proposed building will not exceed the 26-foot height limit. The maximum impervious coverage will not exceed the allowable 45% of the net site area. The lot size is approximately 22,500 square feet, and the site is located in the R-1-20,000 zoning district. Design Review approval is required pursuant to Saratoga Municipal Code Section 15-45.060 for a single story addition over 18 feet in height. STAFF RECOMMENDATION Staff recommends that the Planning Commission approve this design review application by adopting the attached Resolution. Staff is not recommending any permanent conditions of approval for this project. 46 Application No. PDR-08-026; 14575 Horseshoe Drive PROJECT DATA ZONING: R-1-20,000 GENERAL PLAN DESIGNATION: RLD (Low Density Residential) MEASURE G: Not applicable. PARCEL SIZE: 22,500 square feet AVERAGE SITE SLOPE: 8% GRADING REQUIRED: 44 cubic yards of cut and 18 cubic yards of fill ENVIRONMENTAL DETERMINATION The proposed single-family residential addition is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (c) New Construction or Conversion of Small Structures. This exemption allows for the construction or conversion of up to three single-family dwellings. PROPOSED EXTERIOR MATERIALS AND COLORS The proposed colors include beige painted stucco siding on the exterior walls with light beige accents. Materials include a composition roof in a gray-brown palette, wood carriage style garage doors and a mahogany front door. A color and material board will be available at the public hearing. 47 Application No. PDR-08-026; 14575 Horseshoe Drive PROJECT DATA Proposal Code Requirements Site Coverage Residence Driveway/Walks Deck/gazebo TOTAL 4,489 sq. ft. 4,364 sq. ft. 840 sq. ft. 9,693 sq. ft. 43% Maximum Allowable: 45% = 10,125 sq. ft. max. Floor Area Existing house House addition Garage addition Existing basement TOTAL 3,061 sq. ft. 1,142 sq. ft. 286 sq. ft. (527) 4,489 sq. ft. 4,635 sq. ft. Setbacks Front yard Rear yard Right side Left side 31.5 ft. 25 ft. 17 ft 15 ft. 30 ft. 25 ft. 15 ft. 15 ft. Height in feet Lowest elevation Highest elevation Average Elevation Topmost elevation Maximum height 479 ft. 484.92 ft. 481.96 ft. 502.25 ft. 20.29 ft. Maximum height = 26 ft. (507.96 ft. elevation) PROJECT DISCUSSION The applicants are requesting Design Review approval to add a single-story addition to the existing single-story residence. The proposal was originally submitted as an Administrative Design review application, however because the addition will exceed 18 feet in height the application requires review by the Planning Commission. The height of the existing structure is 19.77 feet and the maximum height proposed of the proposed addition is 20.29 feet. The project includes a 1,428 square foot addition to the exiting 3,061 square foot house. The additional square footage will accommodate two new bedrooms, a family room and an expansion of the two-car garage to a three-car garage. The existing deck will be remodeled and an outdoor patio will also be updated. The total proposed floor area is approximately 4,489 square feet (including garage). 48 Application No. PDR-08-026; 14575 Horseshoe Drive Project Design Characteristics The proposed single-story addition and remodel is designed to match the architectural style of the existing residence. The proposed colors include beige painted stucco siding on the exterior walls with light beige accents. Materials include a composition roof in a gray-brown palette, wood carriage style garage doors and a mahogany front door. The existing house has two fireplaces, one in the master bedroom and one in the living room. The new plans show the fireplace in the master bedroom to remain. The fireplace in the living room will be removed and no other fireplaces are proposed. Fencing/Landscaping The existing fencing and landscaping is proposed to remain. A gazebo is proposed in the rear left corner of the back yard and will be located approximately 10 feet from the rear property line and approximately 21 feet from the left property line. The proposed height is 12 feet which is inconsistent with the unenclosed garden structure requirements of Saratoga Municipal Code Section 15-80.030 (e) limiting the height to 10 feet. Staff has included a condition of approval requiring the gazebo to be lowered to 10 feet or relocated to be outside of the rear and side setback areas. Correspondence and Neighbor Review Staff has received Neighbor Notification forms from 6 of the immediate neighbors including every neighbor sharing a property boundary as well as the two neighbors across the street. All were in support of the application. Staff has included these forms in Attachment #3 of this report. Arborist Review No trees are proposed for removal. The City Arborist has identified five ordinance- protected trees that could potentially be impacted by the proposed construction. The five trees include four coast live oaks and one Chinese elm. The Arborist has determined that all these trees can be protected with fencing during construction and the combined value of the trees is $17,610. The City Arborist has recommended standard tree protective measures that are included as conditions within the attached Resolution. The applicant had proposed a sport court at the rear right corner of the lot which is reflected in the Arborist Report of April 8, 2008. They have since removed it from their plans which is consistent with the original set of plans reviewed by the Arborist on September 25, 2008. The sport court can be approved at a staff level in the future if the applicants decide to construct it. Green Building Techniques The applicants have submitted a list of green building techniques and materials which included zero-VOC paint and low-VOC adhesive, as well as energy efficient windows, and appliances and house wrap under the exterior siding. The complete list is shown as exhibit #4. 49 Application No. PDR-08-026; 14575 Horseshoe Drive GENERAL PLAN FINDINGS The approval of the proposed project would be consistent with the following General Plan Goals and Policies as discussed below: · Conservation Element Policy 6.0 – Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. The project proposes a relatively small single-story addition that will utilize Earthtone colors and materials that will blend with the overall appearance of the site. All mature trees will be retained as part of the project and will help to screen the residence from neighboring properties and the street. · 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. As conditioned the application meets the Findings required for Design Review Approval. Design Review Findings The proposed project is consistent with all the following Design Review findings stated in City Code Section 15-45.080: a) Avoid unreasonable interference with views and privacy. The project meets this finding in that the single-story addition has been designed with substantial setbacks from the front, rear and right side and meets the minimum side setback on the left side, the addition is relatively small and will not exceed 21 feet in height. This finding can be made in the affirmative. b) Preserve Natural Landscape. No grading topographical changes are proposed for this project and all mature trees will remain and will be protected with fencing during the construction process in accordance with the City Arborist’s recommendations. This finding can be made in the affirmative. c) Preserve Native and Heritage Trees. The proposed single-story addition is consistent with this finding in that no native or Heritage trees will be removed and all the recommendations of the Arborist report have been made conditions of project approval to ensure a high degree of survival for all of the trees retained on site. The trees will be protected during the construction process with tree fencing and the applicant will be required to post a tree bond prior to issuance of City permits, to ensure that no damage occurs to the protected tree. This finding can be made in the affirmative. d) Minimize the perception of excessive bulk. The proposed single-story addition conforms to the maximum height requirement and the architectural massing and style of the home will reduce the overall appearance of bulk. Additionally decorative elements, materials and a varied roofline will create interest and add detail to the façades. This finding can be made in the affirmative. 50 Application No. PDR-08-026; 14575 Horseshoe Drive e) Compatible bulk and height. The proposed single-story addition is compatible in terms of size and height to other homes in the neighborhood. The proposed home will be in keeping with other homes in the surrounding neighborhood. This finding can be made in the affirmative. f) Current grading and erosion control methods. The proposed single-story addition would conform to the City’s current grading and erosion control methods. The applicant is required to maintain stormwater on site where feasible and this finding can be made in the affirmative. g) Design policies and techniques. The proposed single-story addition conforms to the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views as detailed in the findings above. This finding can be made in the affirmative. STAFF RECOMMENDATION Staff recommends the Planning Commission approve the Design Review application by adopting the attached Resolution. ATTACHMENTS 1. Resolution of Approval 2. Arborist Reports dated September 25, 2007, and April 8, 2008 3. Neighbor Notification forms 4. Green Building Strategies 5. City of Saratoga Notice, Noticing Affidavit, and Noticing Labels 6. Applicant’s Plans, Exhibit "A" 51 RESOLUTION NO. ____ Application No. PDR 08-0026 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Zarkesh; 14575 Horseshoe Drive Approval of a single-story addition to an existing one-story residence with attached garage WHEREAS, the City of Saratoga Planning Commission has received an application for Design Review approval to construct a new 1,428 square foot second story addition to an existing 3,061 square foot residence. The new residence will be approximately 21 ft. in height and will be situated on a 22,500 square foot lot located at 14575 Horseshoe Drive, which is located in the R-1-20,000 district; and 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, which proposes construction of a single- story addition to an existing single-family residence is Categorically exempt from the Environmental Quality Act (CEQA) pursuant to Section 15303(c) New Construction or Conversion of Small Structures. This exemption allows for construction of a single family home in an urban area; and WHEREAS, the applicant has met the burden of proof required to support said application for design review approval, and the following findings specified in the Saratoga General Plan have been determined: · Conservation Element Policy 6.0 – Protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. The project proposes a relatively small single-story addition that will utilize Earthtone colors and materials that will blend with the overall appearance of the site. All mature trees will be retained as part of the project and will help to screen the residence from neighboring properties and the street. · 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. As conditioned the application meets the Findings required for Design Review Approval. WHEREAS, the applicant has met the burden of proof required to support said application for design review approval, and the following findings specified in Saratoga Municipal Code Section 15-45.080 and the City’s Residential Design Handbook have been determined: a) Avoid unreasonable interference with views and privacy. The project meets this finding in that the single-story addition has been designed with substantial setbacks from the front, rear and right side and meets the minimum side setback 52 Application No. PDR-08-026; 14575 Horseshoe Drive on the left side, the addition is relatively small and will not exceed 21 feet in height. This finding can be made in the affirmative. b) Preserve Natural Landscape. No grading topographical changes are proposed for this project and all mature tree will remain and will be protected with fencing during the construction process in accordance with the City Arborist’s recommendations. This finding can be made in the affirmative. c) Preserve Native and Heritage Trees. The proposed single-story addition is consistent with this finding in that no native or Heritage trees will be removed and all the recommendations of the Arborist report have been made conditions of project approval to ensure a high degree of survival for all of the trees retained on site. The trees will be protected during the construction process with tree fencing and the applicant will be required to post a tree bond prior to issuance of City permits, to ensure that no damage occurs to the protected tree. This finding can be made in the affirmative. d) Minimize the perception of excessive bulk. The proposed single-story addition conforms to the maximum height requirement and the architectural massing and style of the home will reduce the overall appearance of bulk. Additionally decorative elements, materials and a varied roofline will create interest and add detail to the façades. This finding can be made in the affirmative. e) Compatible bulk and height. The proposed single-story addition is compatible in terms of size and height to other homes in the neighborhood. The proposed home will be in keeping with other homes in the surrounding neighborhood. This finding can be made in the affirmative. f) Current grading and erosion control methods. The proposed single-story addition would conform to the City’s current grading and erosion control methods. The applicant is required to maintain stormwater on site where feasible and this finding can be made in the affirmative. g) Design policies and techniques. The proposed single-story addition conforms to the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk, and avoiding unreasonable interference with privacy and views as detailed in the findings above. This finding can be made in the affirmative. 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, application number 08- 026 for Design Review approval is hereby granted subject to the following conditions: PERMANENT CONDITIONS OF APPROVAL There are no permanent conditions of approval for this project. 53 Application No. PDR-08-026; 14575 Horseshoe Drive COMMUNITY DEVELOPMENT 1. The proposed home shall be located and constructed as shown on “Exhibit A”, (incorporated by reference, date stamped July 9, 2008), with the exception of the gazebo, and in compliance with the conditions stated in this Resolution. 2. 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. 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. The proposed gazebo shall not exceed 10 feet in height in accordance with Municipal Code section 15-80.030, outside of the required setback areas in accordance with section 15-12.100 4. The project shall use materials and colors as illustrated on the Finish Materials Board dated stamped February 26, 2008. 5. Four sets of complete construction plans incorporating this Resolution as a separate plan page shall be submitted to the Building Division. 6. 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.” 7. 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 all storm water cannot be detained on-site due to topographic, soils or other constraints, an explanatory not shall be provided on the Approved Plans and subject to prior City review and approval. 8. Water and/or runoff from the project site shall not be directed toward the adjacent properties. 9. Front yard landscaping shall be installed prior to final occupancy inspection. 10. Final landscape, irrigation and utility plans shall be incorporated into the construction plan set and shall take into account the following requirements: · The applicant shall mitigate increased runoff by incorporating vegetated swales and buffer strips into the landscape plans in compliance with Santa Clara Valley Water District Design Guide 9 – Use of Vegetated Swales and Buffer Strips. 54 Application No. PDR-08-026; 14575 Horseshoe Drive · Landscape plan shall be designed with efficient irrigation to reduce runoff, promote surface infiltration and minimize use of fertilizers and pesticides that can contribute to water pollution. · Where feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. · Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. · 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. · Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent possible. · Locally native plants shall be used to the extent feasible. Non invasive, drought tolerant, non-native ornamentals and non-local California natives can also be used as they will not cross-pollinate with native riparian and local native species. · A note shall be included on the site plan stating that no construction equipment or private vehicles shall park or be stored within the dripline of any ordinance protected trees on the site. 11. A maximum of one wood-burning fireplace per residential structure may be installed. All other fireplaces shall be gas-fired fireplaces (natural or proposed) with gas jets, direct venting, convection chambers, heat exchanger, variable heat output, and flame control, and permanently affixed artificial logs. 12. Exterior lighting shall be positioned so as to not shine into or on adjacent properties. CITY ARBORIST 13. This entire report, including the map showing the location of the tree and protective fencing, shall be incorporated into the set of final building plans. 14. Tree protective fencing shall be installed as shown on the attached map and established prior to any grading or the arrival of construction equipment or materials on site. It shall be comprised of six-foot high chain link fencing mounted on eight-foot tall, two-inch diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10 feet apart. Once 55 Application No. PDR-08-026; 14575 Horseshoe Drive established, the fencing must remain undisturbed and be maintained throughout the construction process until final inspection. 15. Owner shall provide a tree protection bond, in the amount of $17,610, prior to obtaining building division permits. The bond shall remain in place for the duration of the construction project to ensure the protection of the trees. Once the project has been completed, inspected by the City Arborist, and the trees are found to be in good condition following construction, the bond can be released. 16. Unless otherwise approved, all construction activities must be conducted outside the designated fenced area (even after fencing is removed). These activities include, but are not necessarily limited to, the following: demolition, grading, trenching, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation and parking. 17. Tree shall be watered every three weeks during the dry summer months or more often as necessary to ensure their continued good health. Water using a soaker hose or drip line midway between the trunk and the edge of the canopy. Use enough water so that the soil is moist to a depth of one foot deep. 18. Any approved grading or trenching beneath the tree’s canopy shall be manually performed using shovels. 19. If landscaping will occur, design the plans as follows: a. Design irrigation so that it does not spray trunks of trees. Install valve boxes and controllers outside of tree canopies. b. Select plants that have similar water requirements to the trees under which they will be placed. c. Lawn should remain at least two feet from a tree trunk. Do not install lawn under the canopy of an oak tree. I recommend placing mulch under the canopy instead of a lawn. d. Design topdressings so that stones or mulch remain at least one foot from the trunks of retained trees. e. Do not allow tilling or stripping of the topsoil beneath the trees’ canopies. f. Establish edging material proposed beneath the trees’ canopies on top of existing soil grade using stakes. 19. Any pruning of trees on site must be performed under the supervision of an ISA Certified Arborist and according to ISA standards. 20. The disposal of harmful products, including but not limited to chemicals, paint rinse water, fuel, cement rinse water, herbicides, or other materials, is prohibited beneath tree canopies or anywhere on site that allows drainage beneath tree canopies. PUBLIC WORKS 56 Application No. PDR-08-026; 14575 Horseshoe Drive 21. 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. FIRE DEPARTMENT 22. The applicant shall comply with all requirements of the Saratoga Fire Department. CITY ATTORNEY 23. Owner and Applicant shall indemnify, hold harmless and defend the City, its employees, agents, independent contractors and volunteers (collectively “City”) from any and all costs and expenses, including but not limited to attorney's fees incurred by the City or held to be the liability of City in connection with City's defense in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project or contesting any action or inaction in the City’s processing and/or approval of the subject application. Section 2. Construction must be commenced within 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. 57 Application No. PDR-08-026; 14575 Horseshoe Drive PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 13th day of August, 2008 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________________ Manny Capello, 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 Date 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Zarkesh Residence 14575 Horseshoe Dr. Saratoga, CA 95070 A few highlights of the Green Building Strategies and Materials we plan to incorporate are as follows: Materials and Products § Zero-VOC interior paint (Benjamin Moore Pristine Eco Spec) § Low-VOC adhesive (PL Premium) Energy & Systems § Dbl. pane, Low E Windows and Door systems § Solar Energy Roof System § House wrap under siding (Tyvek) § Energy Star dishwasher, refrigerator, cloths washer and dryer 75 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 13th day of August 2008, 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: #PDR08-0026 –14575 Horseshoe Drive APPLICANT: Zarkesh APN: 397-20-049 PROJECT DESCRIPTION: The applicant requests Design Review approval to add a single story addition to the existing single story residence. The addition includes approximately 1,428 square feet to the existing 3,061 square foot single-story residence. The total proposed floor area will be approxima tely 4,489 square feet. The maximum height of the proposed building will not exceed the 26-foot height limit. The maximum impervious coverage will not exceed the allowable 45% of the net site area. The lot size is approximately 22,500 square feet, and the site is located in the R-1-20,000 zoning district. Design Review approval is required pursuant to Saratoga Municipal Code Section 15-45.060. A site visit will be held on the day preceding the hearing date listed above as part of the standard Site Visit Committee agenda. Site visits occur between 3:30 and 5:00 p.m. The site visit is open to the public. The Site Visit Committee will convene at the City Hall parking lot at 3:30 p.m. on the day preceding the hearing and visit the site listed above and may visit other sites as well. For more information please contact the Community Development Department at 408 868-1222 or review the Site Visit Agenda on the City Website at www.saratoga.ca.us. 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 Friday August 1, 2008. 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. Heather Bradley Contract Planner (408) 868-1232 76 AFFIDAVIT OF MAILING NOTICES I, Denise Kaspar , being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 years; that acting for the City of Saratoga Planning Commission on the 24th day of July , 2008, that I deposited 45 Notices in the United States Post Office, a NOTICE OF HEARING, a copy of which is attached hereto with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15-45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property described as: APN: 397-20-049 Address: 14575 Horseshoe Drive that on said day there was regular communication by United States Mail to the addresses shown above. 77 July 24, 2008 Ownership Listing Prepared for: 397-20-049 AMIR M & NILOOFAR ZARKESH 14575 HORSESHOE DR SARATOGA CA 95070-5983 397-17-062 JOSEPH H & SHARON SCHAUF 19965 DOUGLASS LN SARATOGA CA 95070-5522 397-17-063 SULLIVAN W & L 19964 DOUGLASS LN SARATOGA CA 95070-5522 397-20-026 THOMAS C & KATHLEEN ORMSETH 20061 BELLA VISTA AVE SARATOGA CA 95070-5987 397-20-027 DAVID P & DONNA PITMAN 14628 HORSESHOE DR SARATOGA CA 95070-5921 397-20-028 PAUL B & SUSAN GERMERAAD 14606 HORSESHOE DR SARATOGA CA 95070-5921 397-20-029 MICHAEL NORMOYLE 814 14TH ST A MODESTO CA 95354-1028 397-20-030 JAGDEEP S & HARPREET BUTTAR 14562 HORSESHOE DR SARATOGA CA 95070-5919 397-20-031, 102 BRIAN DEXHEIMER 18481 TWIN CREEKS RD LOS GATOS CA 95030-2131 397-20-032 WILLIAM A & SARA STUART 14538 HORSESHOE DR SARATOGA CA 95070-5919 397-20-034 FRANK R & LUCIA GRENGO 14551 HORSESHOE DR SARATOGA CA 95070-5967 397-20-035 CRAIG D & JACQUELINE BERLINBERG 14571 HORSESHOE DR SARATOGA CA 95070-5985 397-20-036 TERRENCE SNOWDEN 14591 HORSESHOE DR SARATOGA CA 95070-5985 397-20-037 ROMA J & DALE STARK 14611 HORSESHOE DR SARATOGA CA 95070-5971 397-20-038 WILLIAM B & SYLVIA BANGERTER 14631 HORSESHOE DR SARATOGA CA 95070-5971 397-20-043 MEHDI & DEBRA SHAHMIRZA 14650 HORSESHOE DR SARATOGA CA 95070-5920 397-20-044 WESLEY K & MONA MAYDER 14630 HORSESHOE DR SARATOGA CA 95070-5920 397-20-045 YUAN H & KIN-LAN TSAI 14610 HORSESHOE DR SARATOGA CA 95070-5920 397-20-046 YISHAO HUANG 14590 HORSESHOE DR SARATOGA CA 95070-5984 397-20-047 UDAY K & JERINA KAPOOR 14570 HORSESHOE DR SARATOGA CA 95070-5984 397-20-048 MICHAEL B & JOELLE LAMBERT 14555 HORSESHOE DR SARATOGA CA 95070-5983 397-20-049 AMIR M & NILOOFAR ZARKESH 14575 HORSESHOE DR SARATOGA CA 95070-5983 397-20-050 LILI ZHENG 14595 HORSESHOE DR SARATOGA CA 95070-5983 397-20-051 KENNETH & MONICA NG 14605 HORSESHOE DR SARATOGA CA 95070-5918 397-20-052 KENNETH L & SHARON KAUFMAN 14635 HORSESHOE DR SARATOGA CA 95070-5918 78 397-20-053 ROBERT H & THELMA SUGITA 14655 HORSESHOE DR SARATOGA CA 95070-5918 397-20-074 SARATOGA SWIMMING CLUB PO BOX 133 SARATOGA CA 95071-0133 397-20-075 ANDREW & ELIZABETH KOO 20015 BELLA VISTA AVE SARATOGA CA 95070-5987 397-20-078 JOHN K & SUSAN KRAFT 20021 BELLA VISTA AVE SARATOGA CA 95070-5987 397-20-079 WILLIAM G & ELIZABETH CLARK 14582 HORSESHOE DR SARATOGA CA 95070-5921 397-20-091 JOHN K & SUSAN KRAFT 20021 BELLA VISTA AVE SARATOGA CA 95070-5987 397-20-093 ROBERT O & DOROTHY BILLNER 14578 HORSESHOE CT SARATOGA CA 95070-5908 397-20-095 TOR R & CATHLEEN BRAHAM 14568 HORSESHOE CT SARATOGA CA 95070-5908 397-21-034 BARBARA MARCINKOWSKI 14632 CARNELIAN GLEN CT SARATOGA CA 95070-5917 397-21-035 ROBERT & STACY ROSITANO 14618 CARNELIAN GLEN CT SARATOGA CA 95070-5917 397-37-003 B A & SHARMILA KUMAR 14566 CARNELIAN GLEN CT SARATOGA CA 95070-5917 397-37-004 BAGHER & KEFAYAT NAVID 14554 CARNELIAN GLEN CT SARATOGA CA 95070-5917 397-37-005 ANAWAT & SIRINPORN CHANKHUNTHOD 14542 CARNELIAN GLEN CT SARATOGA CA 95070-5917 397-37-016 GEORGE WELLS 14580 CARNELIAN CIR SARATOGA CA 95070-5966 397-37-018 BOWMAN FAMILY TRUST 14545 CARNELIAN CIR SARATOGA CA 95070-5966 397-37-019 ALCARIO CASTELLANO 14547 CARNELIAN CIR SARATOGA CA 95070-5966 397-37-020 RONALD L & JANICE NAYMARK 14550 CARNELIAN CIR SARATOGA CA 95070-5966 397-37-021 SHAM & SUMAN TANDON 14530 CARNELIAN GLEN CT SARATOGA CA 95070-5917 Northern California Carpenters Regional Council Alex Lantsberg, Research Dept. 265 Hegenberger Rd., Suite 220 Oakland, CA 94621 CITY OF SARATOGA 13777 FRUITVALE AVENUE SARATOGA CA 95070 Advanced Listing Services P.O. Box 2593 Dana Point CA 92624 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230