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HomeMy WebLinkAbout09-10-2008 Planning Commission Packet CITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, September 10, 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 the Regular Planning Commission Meeting of August 27, 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 September 4, 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 CALENDAR: 1. Capital Improvement Program/Finding of General Plan Consistency – (John Cherbone) 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 # ASP08-0002 - 21990 Prospect Road (APN: 366-29-007 & 366-29-009) - The applicant requests approval to construct and display a free-standing sign near the entrance to the Saratoga Country Club. The sign is approximately 23 square-feet in area and will be externally-illuminated via three ground mounted low-voltage lights. The sign materials include stucco surface with rock veneer. The letters are bronze and include the text “Saratoga Country Club 21990 Private - Members Only”). (Cynthia McCormick) 1 DIRECTORS ITEM: COMMISSION ITEMS: COMMUNICATIONS ADJOURNMENT TO NEXT MEETING - Wednesday, September 24, 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 September 4, 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, August 27, 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, Nagpal, Rodgers and Zhao Absent: Commissioners Kumar and Kundtz Staff: Director John Livingstone, Assistant Planner Michael Fossati and Assistant Planner Cynthia McCormick and Assistant City Attorney Jonathan Wittwer PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of August 13, 2008. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava, the Planning Commission minutes of the regular meeting of August 13, 2008, were adopted. (5-0-2; Commissioners Kumar and Kundtz were absent) ORAL COMMUNICATION Mr. Jim Hwong, Realtor: • Identified himself as a real estate broker representing buyers for a property on Brookglen Court. His buyers are under contract. • Reported that in talking with the neighbors they were advised that there is an easement to the park at the back. • Said they have no problem with that, it sounds good. • Added that the neighbor will be installing a fence, as would his clients, which will leave the 10-foot wide easement enclosed on both sides for a 200-foot distance. This creates a tunnel. • Questioned what might happen in this area after dark. What sorts of illegal activity as there will be no lighting. How about sanitary issues. • Advised that they appeared at a recent Council meeting at which time the Council advised them to come to the Planning Commission and make a three-minute presentation, which will be documented in the minutes. • Claimed that the city owns the liability over this easement area. • Added that there is nothing they can do but that they see the liability of a potential hazard. • Stated that the city owns this pathway. 3 • Said that they have a few options to propose but their goal tonight is to get this issue into the minutes. 4 Saratoga Planning Commission Minutes of August 27, 2008 Page 3 Commissioner Hlava asked staff to verify that the Commission just did the subdivision on that same property at which time a big discussion was held on the easement. Director John Livingstone replied yes. The easement to the park was a part of the subdivision requirement on the map. Chair Cappello asked staff if permits are required for the fence. Commissioner Nagpal said that it might not be required to obtain permits for the fencing. She asked if this item should be agendized. Chair Cappello said that it should just be included on the record. Commissioner Nagpal asked if there are other situations like this in the city. Director John Livingstone reminded that just last month they saw one example. Commissioner Rodgers said that there is another one near Redwood School as well. Commissioner Zhao asked staff if the city is liable. Director John Livingstone replied no. Ms. Sherry Dan: • Explained that she is the buyer in contract for this Brookglen Court property. • Reiterated that the issue is the very long enclosure that might attract interesting activity there. • Said that she does not see why another easement is needed for this very small park that is hardly used. Commissioner Hlava asked staff who owns the property that the easement is located on. Director John Livingstone said that the easement is simply a right to pass while the property remains privately owned. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on August 21, 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). 5 Saratoga Planning Commission Minutes of August 27, 2008 Page 4 CONSENT CALENDAR There were no Consent Calendar Items. *** Chair Cappello advised that as the architect for Item No. 1 has not yet arrived this evening, Item No. 2 would be heard first. *** PUBLIC HEARING - ITEM NO. 2 APPLICATION #ADR08-0016 (503-68-014) Loo/Posadas, 14141 Palomino Way: The applicant requests Design Review Approval to construct a lower level addition to an existing single-story home. The project will add 996 square feet to the existing ground level, 131 square feet to the existing garage and 874 square feet to a new lower level floor. The total floor area of the home will be 5,049 square feet. The net lot size is approximately 54,276 square feet and the site is located in the Hillside Residential zoning district. Design Review Approval is required pursuant to Saratoga Municipal Code Section 15-45.060(2). (Cynthia McCormick) Ms. Cynthia McCormick, Assistant Planner, presented the staff report as follows: • Reported that the applicant is requesting approval for a lower level addition to an existing single-story home. • Described the existing home as being 19.5 feet high with an FAR of 3,078 square feet. The proposed single-story height would be maintained with a total FAR of 5,049 square feet. • Added that a new 874 square foot, deed-restricted, second dwelling unit would be added on the lower level and 996 square feet will added on the ground level. • Advised that the applicant is asking for a one time 10 percent increase in additional square footage and a waiver for the three-car parking garage as allowed by Section 15-56.030. • Said that the resolution also includes a permanent condition of approval requiring the applicant to record a deed restriction that limits the rental of the second dwelling unit to BMR (below market rate) households. • Stated that the resolution also includes another condition of approval requiring the applicant to designate an open parking space for the second unit somewhere on the site. • Said that staff has also added conditions for exterior paint color and the garage door. • Informed that the applicant has brought in color sample alternatives for the consideration of the Commission. • Distributed color sample alternatives as well as garage door alternatives. • Reported that the color mentioned at the site visit was “Fun in the Sun.” • Added that the garage door alternative is fiberglass that is made to look like wood. Commissioner Nagpal asked what was the final color recommendation for the garage door. Is it walnut? 6 Saratoga Planning Commission Minutes of August 27, 2008 Page 5 Planner Cynthia McCormick said that it is the top left option on the flyer. Commissioner Nagpal read that option out as being oak. Commissioner Hlava said that she did not see on the plan where that additional outside parking space would be situated. Planner Cynthia McCormick: • Explained that the applicant is planning on resurfacing the driveway and would designate that required space on the building submittal plans for that resurfacing project. • Said that there are also alternatives being offered for roof tiles. • Stated that what is being proposed are concrete tiles that are made to look like slate. She said that there are a couple of color options on page 10 with the favorite indicated as No. 1 (charcoal brown blend) and two secondary options. • Reported that the building official is okay with this proposed roofing material. • Advised that there is also a proposed change to the front façade roof, as depicted on plan sheet A-9. Chair Cappello asked if the alternate garage door style is on the picture. Planner Cynthia McCormick replied yes. Chair Cappello opened the public hearing for Agenda Item No. 2. Commissioner Hlava asked the applicants if they are okay with the single gable at the front with the bay windows. Mr. Posadas, Applicant, replied yes. Commissioner Hlava: • Said that she is okay with the preferred roof tile color. • Stated that as for the exterior color proposed, “Fun in the Sun,” she had thought that color was best during the site visit but now thinks that it looks very yellow. • Explained that it is preferred to have houses blend into the hillsides. • Asked how wedded they are to this color. Ms. Anna Loo, Owner/Applicant, assured that their proposed color is no way near what is depicted on the photo of a house on Pierce Road. Mr. Posadas, Owner/Applicant, asked if the Commission is asking that their color be lightened or changed in hue. Commissioner Hlava said that she would like to see it become more beige in color, paler, more of a cream. 7 Saratoga Planning Commission Minutes of August 27, 2008 Page 6 Ms. Anna Loo agreed that a lighter paler, less yellow color such as the house on Herbert Way would be acceptable. She gave some color samples to the Commissioners and stated that she wants a cheerful house. She reminded that the home is not too visible from the street and their neighbors are fine with it. Chair Cappello pointed out that it would be difficult for five Commissioners to come to agreement on color and suggested settling on a photo example and letting the applicant work the color out with staff. Commissioner Nagpal said she is supportive of a slightly more earth tone color while still being cheery, as the applicant desires. Chair Cappello asked about the new connection between the garage and the existing home. Mr. Posada said that they would be connecting the currently detached garage. The intent is to extend the wall that is facing the house to the point that it meets. Chair Cappello asked if there would be some sort of hallway. Mr. Posada said yes. Commissioner Rodgers asked if the roofing on the two bay windows would be copper or the same tile as the rest of the house. Ms. Anna Loo said that it matches the rest of the roof with no use of copper roofing. Commissioner Rodgers said that she is having trouble with the 3D visualization and asked about the appearance of a pop out area and whether it would be as it currently is. Mr. Posada said that there currently is no pop out but rather it is flat. Commissioner Rodgers asked if the windows would come out. Mr. Posada replied yes. Commissioner Zhao asked if the lower level is visible from the street from the east elevation. She asked what is the total height. Commissioner Rodgers asked if the garage door would be wood. Chair Cappello said that the garage door is fiberglass with a wood-like appearance. Commissioner Nagpal said that they saw a sample at the site visit. Mr. Posada said that what they will actually use is much darker in color than the sample. Commissioner Zhao asked if the sliding doors would be visible. 8 Saratoga Planning Commission Minutes of August 27, 2008 Page 7 Mr. Posada said that from the east elevation the house appears single-story with no visibility of the lower level. Chair Cappello asked Commissioner Zhao why she is concerned even if it were to be visible. Commissioner Zhao replied that if the appearance was of two stories it could look bulky. Ms. Anna Loo reported that she took their plans to the Rossi’s and they had no problems and were fine with it. Chair Cappello closed the public hearing for Agenda Item No. 2. Commissioner Nagpal: • Said that she is glad that the front portion has been reconfigured. • Stated that she is fine with the use of a fiberglass garage door with a wood-like appearance and she is fine with the proposed roof tile material. • Suggested that the exterior color be as earth tone as possible and let staff work out the color selection with the applicant. • Advised that she can make the findings to support this application. Commissioner Rodgers said that she still has problems with the exterior colors and does not think that any of the provided samples meets the standard of an earth tone color. She said that use of low RF values is important in the hillsides. She said that as for the doors she prefers wood doors. Commissioner Nagpal said that she is okay with wood-like doors as they are more durable and can deal with the elements. Chair Cappello said that he tends to agree. He said that the important aspect is the aesthetics. The upkeep and beauty of the door lasts longer if they are not actual wood. Commissioner Hlava agreed. Commissioner Zhao said she could make all the findings. Chair Cappello said he could too and listed required findings for the record as follows: • Avoiding unreasonable impacts on views and privacy. • Preserving natural landscape. • Preserving native trees. • Minimizing the perception of excess bulk. • Compatible bulk and height for the neighborhood. • Grading methods. • Design policies and techniques for Saratoga being adhered to. Commissioner Rodgers said to make sure changes made are amended on the plans. 9 Saratoga Planning Commission Minutes of August 27, 2008 Page 8 City Attorney Jonathan Wittwer offered the following amendments to the draft resolution as follows: • Page 1, last Whereas, second line, after the word approval, insert, “as consistent with the below General Plan policies…” Delete text, “have been determined” • Section 1, add text, “matter, the exemption from CEQA is approved, the required findings are made, and…” • Condition 1, second line add text, “restriction, satisfactory to the Community Development Director…” • Condition 3, revised to read, “The applicant shall upgrade the proposed metal garage door with install a carriage style wood-like door subject to the approval of the Community Development Director…” • Condition 4, already requires an exterior earth tone color subject to approval by the Community Development Director. • Condition 5, “The proposed home shall be constructed as conditioned as shown on Exhibit A dated 7/20/2008 on file with the Community Development Director and hereby incorporated by reference, as modified by an 8.5 x 11 drawing identified as Exhibit B dated 8/27/2008.” • Condition 14, at the end, “an explanatory note shall be provided on the plan and be subject to approval by the Community Development Director.” • Condition 18, last line, “… geotechnical consultant letter submitted to the City Engineer for review and approval prior to final occupancy.” Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava, the Planning Commission granted Design Review Approval to construct a lower level addition to an existing single-story home adding 996 square feet to the existing ground level, 131 square feet to the existing garage and 874 square feet to a new lower level floor on property located at 14141 Palomino Way, with conditions as amended by the City Attorney, by the following roll call vote: AYES: Cappello, Hlava, Nagpal, Rodgers and Zhao NOES: None ABSENT: Kumar and Kundtz ABSTAIN: None *** PUBLIC HEARING - ITEM NO. 1 APPLICATION #PDR08-0022 (393-03-0210 Yang/Ma, 20215 Blauer Drive: The applicant requests Design Review Approval to demolish an existing ranch style single-story, single- family detached residence and construct a new single-story, Mediterranean influenced ranch style home. The total floor area of the proposed residence will be 3,709 square feet, including an attached three-car garage. Two ordinance-size trees will be removed per approval by the City Arborist. The maximum height of the proposed residence will be 20 feet, 6 inches. The proposed impervious coverage will be 41.5% of the net site area, well below the allowable 55%. The net lot size is approximately 13,000 square feet and the site is zoned R-1-12,500. 10 Saratoga Planning Commission Minutes of August 27, 2008 Page 9 Design Review Approval is required pursuant to Saratoga Municipal Code Section 15-45.060. (Michael Fossati) Mr. Michael Fossati, Assistant Planner, presented the staff report as follows: • Said that the applicant is seeking Design Review approval for a new single-story single- family residence. • Reported that the project is Categorically Exempt under CEQA per Section 15.303. • Described the project as having a Mediterranean-influenced ranch style with reddish brown clay tile roof and khaki colored cement plastered exterior walls with sandstone window trim. • Distributed a color board. • Said that the proposed home would total approximately 3,709 square feet on a 13,000 square foot lot. • Advised that the garage door is like what was seen with the previously heard item on this evening’s agenda. It is a wood-like fiberglass garage door. • Reported that he learned from the applicant that fiberglass is lighter and easier to lift. With a battery backup, a fiberglass door can be opened while said battery backup is not sufficiently strong to open the weight of a wood garage door when the power is out. • Stated that he contacted a few garage door companies and they verified that fact. • Informed that the main door (front) would be wood in a cherry finish using clear glass and a matching transom. • Said that the overall height of the house would be 20 feet, 6 inches. Setback requirements are met. • Provided a history on the trees on site. He reported that in May a Tree Removal Permit application was received for five trees. Of the five, four were granted permits for removal. A poplar was dead and allowed to be removed. One ash, one walnut and one mulberry were diseased and approved for removal. One pine was denied for removal. • Advised that later this Design Review request was submitted and an arborist report was prepared that requested removal of two additional trees (juniper and pine). • Added that the remaining trees on site would be protected, as conditioned in the resolution, with a $35,250 bond. • Stated that staff believes that all Design Review findings can be made. Commissioner Rodgers asked about locations on site for the replacement trees. Planner Michael Fossati said that the Tree Removal Permit required that four 24-inch box trees be planted by September 23, 2008, but that was prior to the Design Review application for the site. The City Arborist is recommending that the trees be installed prior to final building clearance. Chair Cappello asked the color of the garage door. Planner Michael Fossati said he believes it is walnut. Commissioner Rodgers: 11 Saratoga Planning Commission Minutes of August 27, 2008 Page 10 • Brought to the attention of the Commission Tree #3, which is a magnificent deodar cedar that is located in the front yard and has utility lines underneath. • Asked that no trenching be done and that the Arborist be there, if anything happens near that tree. Planner Michael Fossati said that per the landscape plan, there is no trenching in that area. They will be planting mulberry bushes. He said that a condition could be added that prevents trenching around this tree. Commissioner Rodgers said that chain link fencing would be required around this tree. Planner Michael Fossati assured that the applicant loves trees as well. Commissioner Nagpal reminded that tree protection would be required and asked staff if protective fencing is put up before construction begins. Commissioner Hlava said it is installed before demolition. Commissioner Zhao asked where the four new trees would be located on the site. Planner Michael Fossati said that the City Arborist conditioned it so the applicant could replant wherever they chose on the property. Commissioner Nagpal asked if the City Arborist could work with the owners on placement. Planner Michael Fossati said that request could be relayed back to Kate Bear. Commissioner Hlava pointed out that one could see on the landscape plan just where they are going. Chair Cappello opened the public hearing for Agenda Item No. 1. Ms. Yang, Applicant/Owner: • Stated that they have tried to put as many trees as possible to make it look nice as well as to block the sun and provide shade. Mr. Ma, Applicant/Owner: • Pointed on the landscape plan the location for the four large replacement trees. • Assured the Commission that they want to preserve the cedar. Chair Cappello asked why they decided to go with the 20-foot, 6-inch height when they could have received over-the-counter approval with an 18-foot maximum height. Mr. Ma said that with an 18-foot maximum height, the interior ceilings look very low. They decided with their architect to go a little higher even if it required Planning Commission review and approval. 12 Saratoga Planning Commission Minutes of August 27, 2008 Page 11 Chair Cappello asked what is the interior ceiling height. Mr. Ma said it ranges between 10 and 12 feet. Chair Cappello asked what the roof pitch is. Mr. Ma said 4 and 12. Chair Cappello closed the public hearing for Agenda Item No. 1. Commissioner Hlava pointed out that the garage door is the same as just approved for the Palomino project. She recounted that she has a wood garage door and thinks fiberglass looks good if it is high quality with a wood-like appearance. Chair Cappello asked what particular model is proposed for the garage door. Mrs. Yang said that it is the one with glass on top. Commissioner Hlava said that she could make all findings. The house is not too tall and fits into the neighborhood nicely. There are no bulk or tree issues. She said to make sure that the landscape plan is incorporated by reference. Commissioner Rodgers said that she wants to condition that the City Arborist supervise any trenching done under or near Tree #3. City Attorney Jonathan Wittwer said that Commissioner Rodgers suggestion could be incorporated into Condition 18. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Nagpal, the Planning Commission granted Design Review Approval to demolish an existing residence and construct a new 3,709 square foot singe-story residence on property located at 20215 Blauer Drive, as amended by the City Attorney and to incorporate the landscape plan and require supervision by the City Arborist if any trenching should be necessary near Tree #3, by the following roll call vote: AYES: Cappello, Hlava, Nagpal, Rodgers and Zhao NOES: None ABSENT: Kumar and Kundtz ABSTAIN: None *** DIRECTOR’S ITEMS There were no Director’s Items. COMMISSION ITEMS 13 Saratoga Planning Commission Minutes of August 27, 2008 Page 12 Commissioner Nagpal asked staff to provide the date for the Village Economic Development Committee meeting. Director John Livingstone advised that it is set for September 16, 2008, at 6 p.m., in the Arts & Crafts Room. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Hlava, seconded by Commissioner Nagpal, Chair Cappello adjourned the meeting at approximately 8:04 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk 14 Consent Item City of Saratoga Community Development Department MEMO TO: PLANNING COMMISSION FROM: John Livingstone, AICP Community Development Director DATE: September 10, 2008 RE: Capital Improvement Program/Finding of General Plan Consistency The Public Works Director is requesting that the Planning Commission adopt a Resolution finding that the City’s Capital Improvement Program is consistent with the City of Saratoga’s General Plan. In the material provided by the Public Works Director each project is listed and the associated General Plan goal or policy is stated. The environmental determination will be addressed project by project as they are funded for construction. Staff recommends the Commission adopt the attached Resolution. Attachments 1. Memo from Public Works Director, John Cherbone 2. Resolution 3. Capital Improvement Project List Spreadsheet 4. Pages from the General Plan, which include supporting Goals and Policies cited in the spreadsheet. 15 l Page 1 Memo To: Saratoga Planning Commission From: John Cherbone, Public Works Director Date: September 10, 2008 Re: Proposed Projects for the 2008/2009 CIP Update _________________________________________________________________________ I am pleased to transmit to you for your review 42 proposed projects in connection to the Fiscal Year 2008/2009 Capital Improvement Plan (CIP) update. The role of the Planning Commission is to determine whether the new CIP projects are consistent with the General Plan. The 42 new projects for consideration have been reviewed by the City Council. Attached to this memo is a spreadsheet with a brief description of each new project and the applicable pages from the General Plan, which correspond to the referenced Goals, Policies, and Implementation Measures of the each General Plan Element. Ultimately your recommendation on the projects will be forwarded to the City Council for consideration at the final CIP Public Hearing. If prior to your meeting you have any questions about this information, please feel free to contact me at 868-1241. Public Works Department 16 APPROVAL OF RESOLUTION NO. CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, the City of Saratoga Planning Commission has received a request from the Public Works Director to find that the Proposed Capitol Improvement Program is consistent with the City of Saratoga General Plan; and WHEREAS, the Planning Commission reviewed and considered the materials submitted by the Public Works Director which include a listing of each capitol project and the corresponding General Plan Goal and Policy, attached as Exhibit A. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby find that the proposed Capitol Improvement Program is consistent with the Goals and Policies of the City of Saratoga General Plan in that the various improvement projects implement the programs and objectives outlined in the various General Plan Elements. P ASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, on September 10, 2008, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________________ Chair, Planning Commission ATTEST: ___________________________________________ Secretary to the Planning Commission 17 Exhibit "A" Capital Improvement Plan F.Y. 08/09 Update - New Project List NEW CIP PROJECTS PROJECT DESCRIPTION SUMMARY LAND USE ELEMENT OPEN SPACE ELEMENT Roadway Safety and Traffic Calming Projects GOAL POLICY IMPLEMENTATION GOAL POLICY IMPLEMENTATION 1 Traffic Safety and Traffic Calming Funding Source:Funding aimed at implementing unfunded CIP projects related to roadway traffic safety & traffic calming. The Traffic Safety Commission will prioritize and recommend to the City Council which projects should be funded. 2 Highway 9 Safety Project Phase III:Project to focus safety improvements at Austin Way along the Highway 9 corridor. Additional improvements include bicycle detectors at all controlled intersections. 3 Cox Avenue Traffic and Pedestrian Safety Improvements:This project would provide crosswalk and other safety improvements on Cox Avenue between Saratoga Avenue and Paseo Presada 4 Montalvo Road Traffic Calming:This project would provide traffic calming by constructing a raised median on Montalvo Road. 5 Aspesi Drive Traffic Calming:This project would provide traffic calming by constructing a raised median on Aspesi Drive. 6 Brookglen Drive Traffic Calming:This project would provide traffic calming by constructing a raised median on Brookglen Drive. 7 Cox Avenue Traffic Calming:This project would provide traffic calming by constructing a speed bump on Cox Avenue between Paseo Presada and Quito Road. Street Median & Landscape Improvements 8 Prospect Road Median Project - Phase I:This project will implement the first phase of the Prospect Road Median Master Plan. $150,000 has been allocated for construction and $50,000 for grant matching funds. 9 Prospect Road Median Project - Subsequent Phases:This project will implement the subsequent phases of the Prospect Road Median Master Plan. $150,000 has been allocated for Phase I construction and $50,000 for grant matching funds. The project cost is for all remaining phases. Sidewalks, Curbs, Gutters & Storm Drains 10 Annual Sidewalk Repair:Removal of tripping hazards on City owned sidewalks. 11 Annual Storm Drain Upgrades:Funds for storm drain rehabilitation and drainage improvements. Bridge and Retaining Wall Projects 12 Comer Drive Retaining Wall Repair:This project would repair a failing retaining wall along Comer Drive. Park and Trail Improvements 13 Park Restroom Improvement Work: This project would provide funding for various improvements and upgrades at City Park Restrooms.1, 3 14 Lower Tank Trail (Parker Ranch) Repair Project:This project would repair erosion and minor slides on the trail link which connects Parker Ranch Road to Picea Court in the Parker Ranch Subdivision.1, 3, 5 5.1, 5.3, 5.5 15 Petanque Court at Azule Park:This project would provide funding for the construction of a Petanque Court at Azule Park adjacent to the Tennis Court.1, 3 16 De Anza Trail Phase II:This project would extend the De Anza Trail from Saratoga-Sunnyvale Road to Arroyo De Arguello.1, 3, 5 5.1, 5.3, 5.5 17 Village Creek Trail:This project would fund the construction of a trail along Saratoga Creek running the length of the Village.1, 3, 5 5.1, 5.3, 5.5 18 Heritage Orchard Monument Sign:This project would fund the construction of a Heritage Orchard monument sign to be located at the corner of Fruitvale and Saratoga Avenues. Plans have been developed by the Heritage Commission.1, 3 Facility Improvement Projects 19 North Campus Building Removal Project:This project would remove the front two buildings at the North Campus. 20 Multi-Purpose Room Improvements Fund:The purpose of this fund would be to set aside funding for the purpose of building a City multi-purpose room. 21 Hakone Gardens Upper Moon House Foundation Repair:This project would repair the foundation of the Upper Moon House at Hakone Gardens.1, 3 22 Corporation Yard Equipment Shelter Structure:This would provide the structure to which solar panels could be mounted as well as provide shelter for vehicles and equipment. 23 KSAR Audio/Video Upgrades:This project would fund audio and video upgrades for broadcasting the KSAR Community Television station. 24 McWilliams House Improvements - Phase 2:This project would continue minor building improvements aimed at restoring the McWilliams House at Historic Park.1, 3 25 North Campus Improvements Fund:The purpose of this fund is to set aside funding each year for capital improvements at the North Campus such as new public facilities 26 Big Basin Way Turn Around:This project would construct a turn around at the end of the Village that would provide drivers an additional option for circulation through Village. 27 City Hall Parking Improvements:This project would create additional parking at City Hall by removing landscaping near the corner of Fruitvale and Allendale. 28 Bus Stop Shelter Concrete Pads & Wooden Shelters:This project would fund the concrete pads and wooden shelters necessary to install bus stop shelters at 4 select locations along bus routes in the City. 29 Hakone Gardens Visitor Center Design:This project would fund the design work for the Hakone Gardens Visitor Center.1, 3 30 City Hall Emergency Generator Project:This project would fund the purchase and installation of an emergency generator at City Hall. 31 3rd Street Parking Lot Improvements:This project would fund minor improvements to two small contiguous private parking lots located off of 3rd Street in order to gain public parking access 32 City Compost Bins:This project would construct one or more large compost bins to be located on City owned property such as a park. Total Operational Efficiency Improvements 33 Document Imaging Project - Community Development:This would provide the structure to which solar panels could be mounted as well as provide shelter for vehicles and equipment. 34 City Website Upgrade Project:This will provide funding to upgrade the City's Website to better serve residents and the public. 35 Operational Efficiency Funding Source:Funding aimed at implementing unfunded CIP projects related to operational efficiencies. The Facility Division will prioritize and recommend to the City Council which projects should be funded. 36 City Hall Solar Project:This project would provide solar power to the Community Center and Maintenance Building. 37 Cool Roofs:This project would replace aging roofs at the Community Center and City Hall with sunlight reflecting “cool roof systems” 38 High Efficiency HVAC Systems:This project would replace aging Heating, Ventilation, and Air Conditioning (HVAC) systems at the Community Center and City Hall 39 Double Pane Windows:This project would replace the old single-pane windows at the Community Center and City Hall with new double-pane windows 40 Energy Star Compliant Appliances:This project would replace the old dishwashing machines, clothes washers and dryers, refrigerators, freezers, etc 41 Ceiling Insulation:This project would increase the R-Value of all ceiling insulation in City buildings. 42 Motion Control Lighting:This project would automate the lighting controls in City buildings. GENERAL PLAN CONFORMITY 18 Capital Improvement Plan F.Y. 08/09 Update - New Project List CIRCULATION ELEMENT SAFETY ELEMENT NOTES GOAL POLICY IMPLEMENTATION ISSUE 2.0a 2.0b, 5.0a 2.8, 2.12, 5.7, 5.8 2.16, 2.28, 5.20 1 4.0b, 5.0a 5.1, 5.7, 5.8 4.8, 5.20, 5.25 2 2.0a, 5.0a 2.16, 5.6, 5.7, 5.8 5.20, 5.24 3 2.0a, 2.0b 2.8, 2.12 2.16, 2.28 4 2.0a, 2.0b 2.8, 2.12 2.16, 2.28 5 2.0a, 2.0b 2.8, 2.12 2.16, 2.28 6 2.0a, 2.0b 2.8, 2.12 2.16, 2.28 7 2.0a, 2.0b 2.8, 2.12 2.16 8 2.0a, 2.0b 2.8, 2.12 2.16 9 5.0a, 5.0b 5.6, 5.7, 5.8 5.2 10 No General Plan Element Identified 11 No General Plan Element Identified 12 13 5.0a, 5.0b 5.9 5.20 14 15 5.0a, 5.0b 5.6, 5.9 5.20 16 5.0a, 5.0b 5.9 5.20 17 18 No General Plan Element Identified 19 No General Plan Element Identified 20 21 No General Plan Element Identified 22 No General Plan Element Identified 23 24 No General Plan Element Identified 25 2.0a, 2.0b 2.8, 2.12 2.16, 2.28 26 No General Plan Element Identified 27 1.0, 2.0a, 4.0a, 4.0b 1.1 , 1.2 , 4.2 2.16, 4.6 28 29 No General Plan Element Identified 30 No General Plan Element Identified 31 No General Plan Element Identified 32 No General Plan Element Identified 33 No General Plan Element Identified 34 No General Plan Element Identified 35 No General Plan Element Identified 36 No General Plan Element Identified 37 No General Plan Element Identified 38 No General Plan Element Identified 39 No General Plan Element Identified 40 No General Plan Element Identified 41 No General Plan Element Identified 42 GENERAL PLAN CONFORMITY 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 OORRDDEERR TTOO SSHHOOWW CCAAUUSSEE FFOORR CCHHAANNGGEE OOFF NNAAMMEE CCAASSEE NNOO.. 110088CCVV111188993366 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 PETER MELHUS THE COURT FINDS that Petitioner(s) PATER MELHUS has/have filed for a decree changing name(s) as follows: PPrreesseenntt nnaammee:: PPEETTEERR MMEELLHHUUSS PPrrooppoosseedd nnaammee:: PPEETTEERR JJOOHHAANNNNEESS MMEELLHHUUSS 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 1166,, 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: AUGUST 1, 2008 /Mary Ann Grilli / Judge of the Superior Court (Pub SN 8/13, 8/20, 8/27, 9/3) NNOOTTIICCEE OOFF PPUUBBLLIICC HHEEAARRIINNGG The City of Saratoga’s City Council announces that a public hearing regarding the ordinance described below will be held at the regular City Council meeting sched- uled for: Wednesday, the 3rd day of September 2008, at 7:00 p.m. Located in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, CA 95070. Details are available at the City Clerk’s Office dur- ing regular City business hours. ORDINANCE DESCRIPTION: The proposed ordinance would implement the state’s Digital Infrastructure and Video Competition Act of 2006 (DIVCA) by establishing various standards for State Video Franchisees operating in Saratoga including a fee to support public, educational and governmental program- ming in Saratoga. A decision on the ordinance may be made at this meeting. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the City Council 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 City Council’s information packets, written communica- tions should be filed on or before the Monday two weeks prior to the meeting date. A copy of any mataerial provided to the City Council may be obtained at 13777 Fruitvale Avenue, Saratoga, CA. Questions may be addressed to the City Clerk, (408)868-1269. /s/Ann Sullivan Acting City Clerk (Pub SN 8/20 & 8/27) NNOOTTIICCEE OOFF NNOOMMIINNEEEESS FFOORR PPUUBBLLIICC OOFFFFIICCEE NNOOTTIICCEE IISS HHEERREEBBYY GGIIVVEENN that the following persons have been nominated for the offices designated to be filled at the General Municipal Election to be held in the City of Saratoga on Tuesday, November 4, 2008: Aileen Kao Emily Lo Howard Miller Susie Nagpal /s/Ann Sullivan Acting City Clerk (Pub SN 8/27/08) NNOOTTIICCEE OOFF HHEEAARRIINNGG BBEEFFOORREE PPLLAANNNNIINNGG CCOOMMMMIISSSSIIOONN CCIITTYY OOFF SSAARRAATTOOGGAA’’SS PPLLAANNNNIINNGG CCOOMMMMIISSSSIIOONN announces the following public hearings on Wednesday, the 10th day of September 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 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 Monday, September 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 vis- its 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.sarato- ga.ca.us. APPLICATION # ASP08-0002 - 21990 Prospect Road (APN: 366-29-007 & 366-29- 009) – The applicant requests approval to con- struct and display a free- standing sign near the entrance to the Saratoga Country Club. The sign is approximately 23 square-feet in area and will be externally-illumi- nated via three ground mounted low-voltage lights. The sign materials include stucco surface with rock veneer. The letters are bronze and include the text “Saratoga Country Club 21990 Private - Members Only”. (Pub SN 8/27/08) NOTICE OF TRUSTEE’S SALE T.S. NO. GM-142009-C LOAN NO. 0359111351 YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 2/10/2005. UNLESS YOU TAKE ACTION TO PRO- TECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEED- ING 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 a 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 of the Financial Code and autho- rized to do business in this state, will be held by the duly appointed trustee. The sale will be made, but without covenant or war- ranty, expressed or implied, regarding title, possession, or encumbrances, to satisfy the obligation secured by said Deed of Trust. The undersigned Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein. TRUSTOR: STEVEN N. HOFFMAN, A MARRIED MAN, AS HIS SOLE AND SEPRATE PROPERTY Recorded 2/17/2005 as Instrument No. 18236368 in Book , page of Official Records in the office of the Recorder of Santa Clara County, California, Date of Sale: 9/17/2008 at 11:00 AM Place of Sale: At the North Market Street entrance to the County Courthouse, 190 North Market Street, San Jose, California Property Address is purported to be: 16600 BOHLMAN ROAD SARATOGA, CALIFORNIA 95070 APN #: 517-17-078 The total amount secured by said instrument as of the time of initial publication of this notice is $1,130,912.71, which includes the total amount of the unpaid balance (including accrued and unpaid interest) and reasonable estimated costs, expenses, and advances at the time of initial publication of this notice. ETS Services, LLC Date: 8/21/2008 2255 North Ontario Street, Suite 400 Burbank, California 91504-3120 Sale Line: 714-730-2727 Ileanna Petersen, TRUSTEE SALE OFFICER AASSAAPP## 22885555002266 (Pub SN 8/27, 9/3, 9/10) Trustee Sales Important Information: No refunds after submission. Canceled ads will receive credit for future advertising, not a refund. Ads must be canceled before dead- line for that issue. Advertisements are accepted upon the representation that the adver- tiser and/or its agency have the right to publish the contents there- of. In consideration 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 para- graph 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 lia- bility for its failure, for any cause, to insert an advertise- ment. Liability for any error appearing in an advertisement is limited to the cost of the space actually occupied. No allowance, however, 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. General Notices City Legals 36 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 10th day of September 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 above address Monday through Thursday (and every other Friday) 7:30 a.m. – 5:00 p.m. APPLICATION #: ASP08-0002 ADDRESS/APN: 21990 PROSPECT ROAD / 366-29-007 & 366-29-009 APPLICANT/OWNER: SARATOGA COUNTRY CLUB PROJECT DESCRIPTION: The applicant requests approval to construct and display a free-standing sign near the entrance to the Saratoga Country Club. The sign is approximately 23 square-feet in area and will be externally-illuminated via three ground mounted low-voltage lights. The sign materials include stucco surface with rock veneer. The letters are bronze and include the text “Saratoga Country Club 21990 Private - Members Only”). 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 Monday, September 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. Cynthia McCormick Assistant Planner cmccormick@saratoga.ca.us (408) 868-1230 37 August 27, 2008 500' Ownership Listing Prepared for: 366-29-007, 009 SARATOGA COUNTRY CLUB INC 21990 PROSPECT RD SARATOGA CA 95070-6541 366-06-034 ALISTAIR N & JUNE SPORCK OR CURRENT OWNER 21430 ARROWHEAD LN SARATOGA CA 95070-6500 366-06-039 PATRICIA A MURPHY OR CURRENT OWNER 21440 ARROWHEAD LN SARATOGA CA 95070-6500 366-07-009 LYNNE A STEPHENSON-BRANDT OR CURRENT OWNER 22505 ROLLING HILLS RD SARATOGA CA 95070-6546 366-07-012 366-29-020 503-11-011 MIDPENINSULA REGIONAL OPEN SPACE 330 DISTEL CIR LOS ALTOS CA 94022-1404 366-07-013 DAVID A DEVINE OR CURRENT OWNER 22451 PROSPECT RD SARATOGA CA 95070-6544 366-07-014 WILLIAM LESTER OR CURRENT OWNER 22265 ROLLING HILLS RD SARATOGA CA 95070-6559 366-29-007, 009 SARATOGA COUNTRY CLUB INC 21990 PROSPECT RD SARATOGA CA 95070-6541 366-29-011 366-50-036 SAN JOSE WATER WORKS ACCOUNTING 374 W SANTA CLARA ST SAN JOSE CA 95113-1502 366-29-024 LINDA K HOUSTON PO BOX 1115 CUPERTINO CA 95015-1115 366-29-025 MARTIN R GREENSTEIN 4820 HARWOOD RD 200 SAN JOSE CA 95124 366-31-001 YAW SHIE OR CURRENT OWNER 21981 PROSPECT RD SARATOGA CA 95070-6542 366-31-002 NANCY CARLSON OR CURRENT OWNER 22301 ROLLING HILLS RD SARATOGA CA 95070-6560 366-31-003 RALPH C DODGE OR CURRENT OWNER 22100 ROLLING HILLS RD SARATOGA CA 95070-6557 366-31-004 005 VAHE A & NORA SARKISSIAN OR CURRENT OWNER 22000 ROLLING HILLS RD SARATOGA CA 95070-6556 366-31-006 RALPH DODGE 22100 ROLLING HILLS RD SARATOGA CA 95070-6557 366-31-007 YAW SHIE OR CURRENT OWNER 21981 PROSPECT RD SARATOGA CA 95070-6542 366-32-002 NIGEL & PAMELA BALL OR CURRENT OWNER 21781 PROSPECT RD SARATOGA CA 95070-6540 366-32-004 KENNETH L & PAULINE NIST OR CURRENT OWNER 22001 SCENIC HEIGHTS WAY SARATOGA CA 95070-6561 366-32-005 366-32-007 FRANKLIN D & DIANE SNOW OR CURRENT OWNER 22101 ROLLING HILLS RD SARATOGA CA 95070-6558 366-32-006 ARROWHEAD COOPERATIVE CO 488 E EVELYN AVE SUNNYVALE CA 94086-6360 366-32-008 ARNOLD & CATHERINE MOORE OR CURRENT OWNER 21601 SCENIC HEIGHTS WAY SARATOGA CA 95070-6543 366-32-009 MEAU TSENG OR CURRENT OWNER 21621 PROSPECT RD SARATOGA CA 95070-6540 366-32-010 SANJAY M & DARSHNA PATEL OR CURRENT OWNER 21991 SCENIC HEIGHTS WAY SARATOGA CA 95070-6543 366-32-011 EDWARD A & CATHY KRAUSE OR CURRENT OWNER 21995 SCENIC HEIGHTS WAY SARATOGA CA 95070-6543 38 366-49-001 CHAD C & WENLI YAU OR CURRENT OWNER 12637 STAR RIDGE CT SARATOGA CA 95070-6510 366-49-002 PERNG & BINNIE GOU OR CURRENT OWNER 12609 STAR RIDGE CT SARATOGA CA 95070-6510 366-49-044 DETLEF & SOHEILA ALBRECHT OR CURRENT OWNER 12553 PARKER RANCH CT SARATOGA CA 95070-6502 366-49-045 MU-YUAN CHEN OR CURRENT OWNER 12601 STAR RIDGE CT SARATOGA CA 95070-6510 366-50-011 RICHARD A KOENEN OR CURRENT OWNER 12720 STAR RIDGE CT SARATOGA CA 95070-6511 366-50-012 SUNDANCE PO BOX 12430 ZEPHYR COVE NV 89448 366-50-021 CHARLES T & HEDY CHEN OR CURRENT OWNER 12805 PICEA CT SARATOGA CA 95070-6548 366-50-031 VIPAN K & SUNITA GUPTA OR CURRENT OWNER 12693 STAR RIDGE CT SARATOGA CA 95070-6510 366-50-032 GARY L & PAMELA VIALE OR CURRENT OWNER 12721 STAR RIDGE CT SARATOGA CA 95070-6510 366-50-033 EDWARD C & MARGARET CHANG OR CURRENT OWNER 12749 STAR RIDGE CT SARATOGA CA 95070-6510 366-50-034 BIAGIO & MARIA CAVALLINI OR CURRENT OWNER 12777 PICEA CT SARATOGA CA 95070-6548 366-50-035 DOMINIC ORR OR CURRENT OWNER 12833 STAR RIDGE CT SARATOGA CA 95070-6512 503-11-009, 012 503-12-001 VINCE S GARROD 22600 MOUNT EDEN RD SARATOGA CA 95070-9758 503-15-075 DAVID L HOUSE 13340 OLD OAK WAY SARATOGA CA 95070 Northern California Carpenters Regional Council Alex Lantsberg, Research Dept. 265 Hegenberger Rd., Suite 220 Oakland, CA 94621 CITY OF SARATOGA ATTN: Cynthia McCormick 13777 FRUITVALE AVENUE SARATOGA CA 95070 Advanced Listing Services P.O. Box 2593 Dana Point CA 92624 39 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 28TH day of August , 2008, that I deposited 41 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: 366-29-007, 009 Address: 21990 Prospect Rd that on said day there was regular communication by United States Mail to the addresses shown above. 40 RESOLUTION NO. ______ Application No. ASP 08-0002 CITY OF SARATOGA PLANNING COMMISSION Illuminated Sign Approval Saratoga Country Club; 21990 Prospect Road RESOLUTION APPROVING APPLICATION NO. ASP 08-0002 FOR REPLACEMENT SIGN WHEREAS, the City of Saratoga Planning Commission has received an application for sign permit approval to construct and display a free-standing identification sign in the Hillside Residential district. The sign will replace an existing sign and be located near the entrance to the Saratoga Country Club off Prospect Road. 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 proposed project consisting of the construction of a new sign is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Chapter 3. Article 19, Section 15311 (“State CEQA Guidelines”). A Class 11 exemption allows for the construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to on-premise signs. WHEREAS, the applicant has met the burden of proof required to support the findings for granting said sign permit approval, as specified in City Code Section 15-30: a) The sign complies with the regulations of Article 15-30 and the regulations of the district in which it will be located. A free standing identification sign, not exceeding twenty-four square feet in area, is allowed on the site of a community facility in a residential district. The sign is located on the same site as the use that it identifies and is less than 24 SF in area. b) The size, shape, color, illumination, placement and material of the sign are compatible with the building it identifies and the visual characteristics of the neighborhood and other lawful signs in the area. The sign is made of a stone façade; characteristic of the rural surroundings. The sign is setback from the road and is dimly lit by low-voltage lighting. The new sign is more visually appealing than the existing sign it will replace and was designed to match the entry gate columns. There are no other off-site signs within close proximity. c) The location and design of the sign does not obscure from view or unduly detract from existing adjacent signs. The sign is set back from the road and does not obscure the view from passing motorists. There are no other off-site signs within close proximity. d) The location and design of a sign in close proximity to any residential district will not adversely affect the quality or character of such residential area. The sign is set further back from the road than the existing sign it will replace and is screened by large boulders and landscaping near the roadway. The low-voltage lighting will not shine on adjacent properties. Page 1 of 3 41 NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, the exemption from CEQA is approved, the required findings as made, and application number ASP08-0002 for Design Review Approval is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT 1. The sign shall be located and constructed as shown on plans on file with the Community Development Department and marked Exhibit “A”, dated August 28th 2008 incorporated by reference. 2. The letters shall not exceed 18 inches in height. 3. The total sign area shall not exceed 24 square feet. 4. The applicant shall ensure that the sign and surrounding landscaping is maintained in good condition. 5. The City reserves continuing jurisdiction over this sign permit and may revoke the permit upon any failure by the permittee to comply with any condition set forth in this Resolution. CITY ATTORNEY 6. Owner/Applicant each agree to hold City harmless from all costs and expenses, including attorney’s fees, incurred by the City or held to be the liability of City in connection with City’s defense of its actions in any proceeding brought in any State Federal Court, challenging the City’s action with respect to the applicant’s project. Section 2. A Building Permit must be issued and construction commenced within 36 months from the date of adoption of this Resolution or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. RESOLUTION APPROVING APPLICATION NO. ASP 08-0002 FOR REPLACEMENT SIGN Page 2 of 3 42 RESOLUTION APPROVING APPLICATION NO. ASP 08-0002 FOR REPLACEMENT SIGN Page 3 of 3 PASSED AND ADOPTED by the City of Saratoga Planning Commission, this 10th day of September 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, the Property Manager, and the Property Owner or Authorized Agent. Each of 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. ___________________________________ _________________________ Owner or Authorized Agent Date 43 REPORT TO THE PLANNING COMMISSION Application No./Location: ASP08-0002 / 21990 Prospect Road Applicant/Owner: Saratoga Country Club Staff Planner: Cynthia McCormick, Assistant Planner Type of Application: Free-standing Sign Date: September 10, 2008 APN: 366-29-007 & 366-29-009 Department Head: John F. Livingstone, AICP 21990 Prospect Road 44 Application No. ASP 08-0002; 21990 Prospect Road EXECUTIVE SUMMARY CASE HISTORY: Application filed: 05/05/08 Application complete: 08/10/08 Notice published: 08/26/08 Mailing completed: 08/18/08 Posting completed: 08/18/08 PROJECT DESCRIPTION: The applicant requests approval to construct and display an externally-illuminated free-standing sign at the Saratoga Country Club which is located in the Hillside Residential district. The sign will be located near the entrance to the Country Club, approximately 12 to 15 feet behind the existing sign that will be removed as part of this project (see photo in Exhibit A). The sign is approximately 23 square-feet in area and will be externally-illuminated via three ground mounted low-voltage lights. The sign materials include stucco surface with rock veneer to match the gate columns at the entrance to the Country Club. The letters are bronze and include the text “Saratoga Country Club 21990 Private - Members Only”). STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve this sign permit application with required findings and conditions by adopting the attached Resolution. 45 Application No. ASP 08-0002; 21990 Prospect Road STAFF ANALYSIS ZONING: Hillside Residential GENERAL PLAN DESIGNATION: Open Space Private MEASURE G: Not applicable PARCEL SIZE: Approximately 47 acres ENVIRONMENTAL DETERMINATION: The proposed sign is Class 11 Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Chapter 3. Article 19, Section 15311 (“State CEQA Guidelines”). Class 11 exemptions include on-premise signs. PROJECT DATA: Color, Text and Logos: The sign includes bronze letters that spell out “Saratoga Country Club 21990 Private - Members Only” Materials and Mounting: The sign materials include stucco surface with rock veneer. The sign will be mounted on the ground. Proposal Maximum Allowed Type of Sign Free standing Area of Sign: 22.70 SF 24 SF Height of Sign: 5 feet, 3 inches 10 feet Sign Dimensions: 3 feet, 7 inches High 6 feet, 4 inches Wide 8 – 10 inches Deep Size of Lettering: 10 inches 18 inches Sign Illumination: (3) 20-watt ground mounted lights Location: property entrance 46 Application No. ASP 08-0002; 21990 Prospect Road PROJECT DISCUSSION: The applicant requests approval to construct and display an externally-illuminated free standing sign at the Saratoga Country Club which is located in the Hillside Residential district. The sign will be located near the entrance to the Country Club, approximately 12 to15 feet behind the existing sign that will be removed as part of this project (see photo in Exhibit A). The sign is approximately 23 square-feet in area and will be externally- illuminated via three ground mounted low-voltage lights. The sign materials include stucco surface with rock veneer to match the gate columns at the entrance to the Country Club. The letters are bronze and include the text “Saratoga Country Club 21990 Private - Members Only”). NEIGHBOR REVIEW LETTERS: All neighbors within 500 feet of the parcel were notified by mail about the project (Attachment 2). The applicant distributed neighborhood notification forms to the adjacent neighbors. As of the date of this report, staff has not received any negative responses to the project. SIGN CRITERIA: The proposed project is consistent with Article 15-30.070 of the City Code, as follows: The sign complies with the regulations of Article 15-30 and the regulations of the district in which it will be located. A free standing identification sign, not exceeding twenty-four square feet in area, is allowed on the site of a community facility in a residential district. The sign is located on the same site as the use that it identifies and is less than 24 SF in area. The size, shape, color, illumination, placement and material of the sign are compatible with the building it identifies and the visual characteristics of the neighborhood and other lawful signs in the area. The sign is made of a stone façade; characteristic of the rural surroundings. The sign is setback from the road and is dimly lit by low-voltage lighting. The new sign is more visually appealing than the existing sign it will replace and was designed to match the entry gate columns. There are no other off-site signs within close proximity. The location and design of the sign does not obscure from view or unduly detract from existing adjacent signs. The sign is set back from the road and does not obscure the view from passing motorists. There are no other off-site signs within close proximity. The location and design of a sign in close proximity to any residential district will not adversely affect the quality or character of such residential area. The sign is set further back from the road than the existing sign it will replace and is screened by large boulders and landscaping near the roadway. The low-voltage lighting will not shine on adjacent properties. CONCLUSION: 47 Application No. ASP 08-0002; 21990 Prospect Road Staff finds that all the sign criteria can be made in the affirmative and that the proposed sign is compatible with the existing character of the neighborhood. The sign conforms to all of the standards and requirements of Article 15-30 of the City Code. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the application for Sign permit with required findings and conditions by adopting the attached Resolution. ATTACHMENTS: 1. Resolution of Approval with conditions 2. Public Hearing Notice, Mailing labels, and Affidavit of Mailing 3. Neighborhood Notification Forms 4. Plans (Exhibit “A”) 48