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HomeMy WebLinkAbout11-08-17 Planning commission Agenda PacketSaratoga Planning Commission Agenda – Page 1 of 3 SARATOGA PLANNING COMMISSION REGULAR MEETING NOVEMBER 08, 2017 7:00 PM PLANNING COMMISSION REGULAR MEETING Civic Theater | 13777 Fruitvale Avenue, Saratoga CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of October 11, 2017. Recommended Action: Approve Minutes of October 11, 2017 meeting. 101117 Action Minutes ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the Planning Commission for up to three (3) minutes on matters not on this agenda. This 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. REPORT ON APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision. 1. NEW BUSINESS 2. PUBLIC HEARING Applicants and/or their representatives have a total of ten (10) minutes maximum for opening statements. All interested persons may appear and be heard during this meeting regarding the items on this agenda. If items on this agenda are challenged in court, members of the public may be limited to raising only issues raised at the Public Hearing or in written correspondence delivered to the Planning Commission at, or prior to the close of the Public Hearing. Members of the public may comment on any item for up to three (3) minutes. Applicants and/or their representatives have a total of five (5) minutes maximum for closing statements. 2.1. APPLICATION ZOA17-0004 – ZONING CODE AMENDMENTS (CITY WIDE): Application by the City of Saratoga to amend the Municipal Code. The changes include correcting various inaccurate code section references in the Subdivision and Zoning regulations; inserting references to the regulations pertaining to nonconforming sites in the Saratoga Planning Commission Agenda – Page 2 of 3 Agricultural, Hillside Residential, Professional Administrative, Commercial, and Residential Open Space Districts; requiring marking of trees proposed for removal when a project is subject to Design Review; modifying the regulations for accessory dwelling units; and conforming amendments concerning commercial marijuana land uses. Staff contact Chris Riordan: (408) 868-1235 criordan@saratoga.ca.us. Recommended Action: Recommend the Planning Commission approve the Resolution No. 17-026 recommending that the City Council adopt an ordinance which includes various amendments to Chapters 14 (Subdivisions) and 15 (Zoning Regulations) of the Saratoga City Code. Staff Report_Ordinance Amendments Attachment 1 - Resolution Ordinance Amendments Exhibit A - Revised Text 2.2. SIGN ORDINANCE UPDATES: Changes to the Sign Ordinance (Article 15-30) regarding restricting lights on temporary signs and abatement of illegal signs. Staff contact Sung H. Kwon: (408) 868-1212 skwon@saratoga.ca.us. Recommended Action: The Planning Commission approve the attached Resolution 17-028 recommending that the City Council adopt changes to Sections 15-30.060 (Signs allowed in any zoning district without a sign permit), 15.30.110 (Temporary on-site signs on lots in any sign district), 15- 30.120 (Signs on lots with institutional, public, or quasi-public uses), 15-30.140 (Temporary on-site sign on lots with residential properties actively marketed for sale or lease), 15-30.145 (Temporary on-site sign on lots with commercial properties actively marketed for sale or lease), and 15-30.190 (Sign conformance, violations and abatement of illegal signs) of the City Code. Off-site_signs_Staff_Report_PC Att 1 - Reso for Recommendation of Sign Ordinance additional items Supplemental Attachment 1 - Sign Ordinance 2.3. Application PDR17-0008, ARB17-0021; 19411 San Marcos Road (397-13-016); Tri Hong: The applicant requests Design Review approval to construct a new one story single-family home with an accessory dwelling unit on a 1.27 acre site. The existing residence on the site will be removed. The height of the new structure will not exceed a height of 18 feet. No protected trees are requested for removal. The property is zoned R-1-40,000 (Single-Family Residential). Staff Contact: Christopher Riordan (408) 868-1235 or criordan@saratoga.ca.us. Recommended Action: Adopt Resolution No. 17-027 approving the project subject to conditions of approval. Staff Report - 19411 San Marcos Rd. Attachment 1 - PC Resolution Attachment 2 - Arborist Report Attachment 3 - Story Pole Certification Letter Attachment 4 - Public Hearing Notice Attachment 5 - Development Plans Saratoga Planning Commission Agenda – Page 3 of 3 DIRECTOR ITEMS COMMISSION ITEMS ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA I, Janet Costa, Administrative Assistant for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission was posted and available for public review on November 2, 2017 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. Signed this 2nd day of November 2017 at Saratoga, California. Janet Costa, Administrative Assistant In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868-1269. Notification 24 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] You can also sign up to receive email notifications when Commission agendas and minutes have been added to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp. NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us Saratoga Planning Commission Agenda – Page 1 of 2 SARATOGA PLANNING COMMISSION REGULAR MEETING ACTION MINUTES OCTOBER 11, 2017 7:00 PM PLANNING COMMISSION REGULAR MEETING Civic Theater | 13777 Fruitvale Avenue, Saratoga CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: Chair Tina Walia, Commissioners Joyce Hlava, Kookie Fitzsimmons, Len Almalech, Razi Mohiuddin ABSENT: Vice Chair Wendy Chang (excused), Commissioner Sunil Ahuja (excused) ALSO PRESENT: Chris Riordan, Senior Planner APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of September 27, 2017. FITZSIMMONS/ALMALECH MOVED TO APPROVE THE MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING OF SEPTEMBER 27, 2017 WITH CORRECTION. MOTION PASSED. AYES: WALIA, HLAVA, ALMALECH, FITZSIMMONS, MOHIUDDIN. NOES: NONE. ABSENT: AHUJA (excused), CHANG (excused). ABSTAIN: NONE. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the Planning Commission for up to three (3) minutes on matters not on this agenda. This 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. REPORT ON APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision. 1. NEW BUSINESS 2. PUBLIC HEARING Applicants and/or their representatives have a total of ten (10) minutes maximum for opening statements. All interested persons may appear and be heard during this meeting regarding the items on this agenda. If items on this agenda are challenged in court, 4 Saratoga Planning Commission Agenda – Page 2 of 2 members of the public may be limited to raising only issues raised at the Public Hearing or in written correspondence delivered to the Planning Commission at, or prior to the close of the Public Hearing. Members of the public may comment on any item for up to three (3) minutes. Applicants and/or their representatives have a total of five (5) minutes maximum for closing statements. 2.1. Application SUB17-0002; 13001 Saratoga-Sunnyvale Road (503-82-033); Steve Puthuff – The applicant requests Tentative Parcel Map approval to subdivide a 37,189 square foot parcel located at 13001 Saratoga-Sunnyvale Road into two lots. The proposed gross parcel size for Parcel A would be approximately 15,717 square feet (.36 acres) and Parcel B would be approximately 21,472 square feet (.49 acres). The property is zoned R-1-12,500 (Single Family Residential) with a General Plan Designation of Medium Density Residential (M -12.5). No trees are proposed for removal. Staff Contact: Christopher Riordan (408) 868-1235 or criordan@saratoga.ca.us. Recommended Action: Adopt Resolution No. 17-025 approving the project subject to conditions of approval included in Attachment 1. ALMALECH/HLAVA MOVED TO APPROVE WITH CONDITIONS OF APPROVAL. MOTION PASSED. AYES: WALIA, HLAVA, ALMALECH, FITZSIMMONS, MOHIUDDIN. NOES: NONE. ABSENT: AHUJA (excused), CHANG (excused). ABSTAIN: NONE. DIRECTOR ITEMS: None. COMMISSION ITEMS: None. ADJOURNMENT: 7:18 PM Minutes respectfully submitted: Janet Costa, Administrative Assistant City of Saratoga 5 REPORT TO THE PLANNING COMMISSION Meeting Date:November 8, 2017 Application:ZOA17-0004 Location City Wide Owner/Applicant:City of Saratoga Staff Planner:Christopher Riordan, AICP RECOMMENDED ACTION: Recommend the Planning Commission approve the attached resolution recommending that the City Council adopt an ordinance which includes various amendments to Chapters 14 (Subdivisions) and 15 (Zoning Regulations) of the Saratoga City Code. BACKGROUND: Staff maintains a list of proposed changes to the City Code and annually proposes amendments. These ordinance changes also include clarifications to the City’s regulations prohibiting commercial marijuana land uses. These modifications were drafted by the City Attorney and were reviewed conceptually by the City Council on October 4, 2017. The table on the following pages is a summary of topics being addressed with the annual update to the Zoning and Subdivision Regulations of the City Code. The actual amendments to the text of the City Code are included in the resolution (Attachment 1). Topic Current Approach Proposed Changes 1. Power to grant exceptions to subdivision design and improvement requirements (14-35.010) Existing Code provisions reference an incorrect code section where to locate the minimum design standards for lot area, frontage, width, and depth when requesting an exception to the standards for a subdivision. Amend the City Code to include the correct reference. 2. Location of building sites (15-15.061) The sentence that states that a variance can be granted subject to findings for construction on a lot with excessive slope ends with the word ‘and’. Replace the word ‘and’ with a period. 3. Required setbacks for nonconforming sites in the The regulations pertaining to Nonconforming Uses and Structures contained in Article 15-65 are applicable to all zoning districts. Where a site’s depth or width does Include a reference to Article 15-65 in the Agricultural, Hillside Residential, Professional 6 ZOA17-0004 Page 2 of 3 Topic Current Approach Proposed Changes Agricultural, Hillside Residential, Professional Administrative, Commercial, and Residential Open Space Zoning Districts (15-11.090, 15- 13.090, 15-18.080, 15-19.030, 15- 19.03515-19.040, 15- 19.05015-12.090) not conform to the applicable standards for the zoning district then that lot’s side or rear setbacks are based on a percentage of site width or depth which could result in smaller setbacks than those required for conforming sites. The R-1 Zoning District Regulations contain a reference to Article 15-65 for nonconforming sites but other sections of the Code do not include such a reference even though the provisions of Article 15-65 are applicable. Administrative, Commercial, and Residential Open Space Zoning Districts for nonconforming sites. 4. Requirements for Planning Commission Design Review (15-45.060) Existing Code provisions reference an incorrect code section where to locate the design review findings. Amend the City Code to include the correct reference. 5. Procedure to identify trees proposed for removal as part of story pole requirements (15-45.075) Existing Code provisions do not include a procedure to identify trees proposed for removal, thereby sometimes making it difficult for staff or the Commission to identify specific trees . Modify the story pole requirements to include the marking of trees requested for removal. Markings can include, but are not to be limited to, fluorescent tape wrapped around the tree’s trunk or appropriate paint. 6. Removal of certain trees without a permit (15-50.050) Certain trees, whether by type or size, require a permit for removal. Code provisions that specify the type of trees requiring a permit for removal include incorrect references to existing definitions. Amend the City Code to include the correct references. 7. Identification of trees proposed for removal for Design Review (15-56.030) Trees to be removed in association with a Design Review application are not currently marked in the field - this can make it difficult for the public or the Planning Commission/City Council during a site visit to identify a specific tree to be removed. Add a provision than when a development project is subject to Design Review approval, all trees to be removed are to be marked in the field to ease their identification. 8. Minimum square footage and permitting requirements for new accessory dwelling units (15-56.030) Existing accessory dwelling unit code provisions require a minimum floor area of 400 square feet. The Policy Program of the 2015-2023 Housing Element recommended that the minimum floor area requirement be eliminated and the implementation ordinance for the Housing Element did include this amendment. The January 2017 update to Article 15-56 (Accessory Dwelling Units) mistakenly included a minimum floor area of 400 square feet. Existing provisions for junior accessory dwelling units refer to a California government code section that Amend Article 15-56 to: 1) Eliminate the minimum floor area requirement for accessory dwelling units. Accessory dwelling units will still be limited to a maximum of 1,200 square feet of living space, and 2) Eliminate the California government code section reference for additional regulations for junior 7 ZOA17-0004 Page 3 of 3 Topic Current Approach Proposed Changes includes additional regulations for such units. These additional regulations include a deed restriction requirement. accessory dwelling units and include these additional regulations in the City Code. 9. Prohibition of Commercial Marijuana Activity (15-80.140) The City Council adopted comprehensive health and safety regulations concerning marijuana businesses and cultivation in Article 6-30 earlier this year. This amendment would conform the zoning ordinance (which currently addresses only medical marijuana dispensaries) to conform with Article 6-30. Amend section 15-80.140 to cross-reference Article 6-30. ATTACHMENT: Resolution recommending that the City Council approve the proposed amendments to Chapter 14 (Subdivisions) and 15 (Zoning Regulations) of the City Code. 8 RESOLUTION NO: 17-026 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION RECOMMENDING APPROVAL OF AMENDMENTS TO CHAPTERS 14 AND 15 OF THE SARATOGA CITY CODE APPLICATION ZOA17-0004 The City of Saratoga Planning Commission finds and determines as follows with respect to the above-described application: WHEREAS, during the review and implementation of Chapters 14 (Subdivisions) and 15 (Zoning) of the City Code, staff has identified specific code sections which are inconsistent with other sections of the Zoning Code, are difficult to interpret, or have been preempted by changes to California law. The current review has identified proposed amendments to various Code sections shown in Exhibit A. WHEREAS, on November 8, 2017, the Planning Commission held a duly noticed Public Hearing on the legislation described above at which time all interested parties were given a full opportunity to be heard and to present evidence and argument. The Planning Commission considered the amendments, staff report, correspondence, presentations from the public, and all testimony and other evidence presented at the Public Hearing. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The legislation described in the recitals is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Sections 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the minor amendments are clarifying only and would have a de minimis impact on the environment. Section 3: After careful consideration of the staff report and other materials, exhibits and evidence submitted to the City in connection with this matter, the Planning Commission of the City of Saratoga does hereby recommend to the City Council to amend the City Code as shown in Exhibit A. Attachment 1 9 Resolution No. 17-026 2 PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 8th day of November 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Tina K. Walia Chair, Planning Commission Attachment: Exhibit A – Proposed Subdivision and Zoning Code Amendments 10 Exhibit A 1 PLANNING COMMISSION RECOMMENDED AMENDMENTS TO VARIOUS SECTIONS OF CHAPTERS 14 & 15 OF THE SARATOGA CITY CODE The Planning Commission recommends that the Saratoga City Code be amended as set forth below. Text to be added is indicated in bold double-underlined font (e.g., bold double-underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this ordinance. Text in italics (e.g., italics) is explanatory and not a part of the ordinance. 1. Power to grant exceptions to subdivision design and improvement requirements 14-35.010 Power to grant exceptions. (a) The advisory agency shall have power to grant exceptions to any of the design requirements set forth in Article 14-25 of this Chapter; provided, however, that a variance must be granted pursuant to Article 15-70 of the Zoning Ordinance for any exception from the requirement contained in Subsection 14-25.040(a) 14-25.010(a) concerning minimum standards for lot area, frontage, width and depth. [No changes to subsections (b) and (c).] 2. Location of building sites 15-12.061 Location of building sites. The average natural grade of the footprint underneath any dwelling unit, swimming pool or other structure shall not exceed thirty percent slope, and no dwelling unit, swimming pool or other structure shall be built upon a slope which exceeds forty percent natural slope at any location under the st ructure between two five -foot contour lines, except that: (a) A variance pursuant to Article 15-70 of this Chapter may be granted where th e findings prescribed in Section 15-70.060 can be made. , and (b) An exception under Article 14-35 of the Subdivision Ordinance may be granted where the findings prescribed in Section 14-35.020 can be made. 3. Setbacks for Nonconforming Sites a. Article 15-11 (Agricultural Districts). 15-11.090 - Front, side, and rear setback areas. (a) For any nonconforming site in the A district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the A district, the minimum setback area requirements in the A district, are as follows: (1 a) The minimum front setback area shall be thirty feet from the front lot line or twenty percent of the lot depth, whichever is greater. 11 Exhibit A 2 (2 b) The minimum side setback area shall be twenty feet from the applicable side lot line or ten percent of the lot width, whichever is greater. (3 c) The minimum rear setback area shall be fifty feet from the rear lot line in the case of a single-story structure, and sixty feet from the rear lot line in the case of a multi -story structure, or twenty-five percent of the lot depth, whichever is greater. b. Article 15-13 (Hillside Residential Districts). 15-13.090 Front, side, and rear setback areas. (a) For any nonconforming site in the HR district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. (b a) The minimum setback area requirements for all conforming lots within the HR zoning district, with the exception of vacant lots and lots created after May 15, 1992, are as follows: (1) Front setback area. The minimum front setback area shall be thirty feet. (2) Side setback area. The minimum interior side setback area shall be twenty feet and the minimum exterior side setback shall be twenty-five feet. (3) Rear setback area. The minimum rear setback area shall be fifty feet in the case of a single-story structure and sixty feet in the case of a multi -story structure. (c b) For conforming vacant lots and lots created after May 15, 1992 within the HR zoning district, the minimum setback area requirements are as follows: (1) Front setback area. The minimum front setback area shall be thirty feet or twenty percent of the lot depth, whichever is greater. (2) Side setback area. The minimum side setback area shall be twenty feet in the case of an interior side setback area and twenty-five feet in the case of an exterior side setback area, or ten percent of the lot width, whichever is greater. (3) Rear setback area. The minimum rear setback area shall be fifty feet in the case of a single-story structure and sixty feet in the case of a multi -story structure, or twenty-five percent of the lot depth, whichever is greater. [Subsections (c) and (d) redesignated as (d) and (e) respectively .] c. Article 15-18 (Professional and Administrative Office District) 15-18.080 - Front, side, and rear setback areas. (a) For any nonconforming site in the P-A district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the P-A district, the minimum setback area requirements in the P-A zoning district, are as follows: 12 Exhibit A 3 (1 a) Front setback area. The minimum front setback area of any lot in a P -A district shall be twenty-five feet from the front lot line. (2 b) Side setback area. The minimum side setback area of any lot in a P -A district shall be ten percent of the average width of the site; provided, that a side setback area of more than twenty - five feet from the applicable side lot line shall not be required and a side setback area of less than ten feet from the applicable side setback area s hall not be permitted, subject to the following exceptions: (i1) The exterior side setback area of a corner lot shall be not less than fifteen feet from the exterior side lot line. (ii2) One foot shall be added to an interior side setback area for ea ch two feet of height or fraction thereof by which a portion of a structure within thirty feet of the side lot line for such setback area exceeds fourteen feet in height; provided, that an interior side setback area of more than thirty feet from the interi or side lot line shall not be required. (3 c) Rear setback area. The minimum rear setback area of any lot in a P -A district shall be twenty-five feet from the rear lot line, subject to the following exceptions: (i1) One foot shall be added to the min imum rear setback area for each two feet of height by which a structure exceeds fourteen feet in height. (ii2) Where a rear setback area is abutting property within an A, R -1, HR, or R-M district, the minimum rear setback area shall be thirty-five feet from the rear lot line. d. Section 15-19.030 (Commercial Neighborhood). 15-19.030 - C-N district regulations. [No changes in subsections (a) through (e)] (f) Front, side, and rear setback areas. For any nonconforming site in the C-N district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the C-N district, the minimum setback area requirements in the C- N district, are as follows: (1 f) Front setback area. The minimum front setback area of any lot in a C-N district shall be ten feet; except that on a site abutting and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall be fifteen feet. (2 g) Side and rear setback areas. No side or rear setback areas shall be required for any lot in a C-N district, subject to the following exceptions: 13 Exhibit A 4 (i1) On a reversed corner lot abutting a lot in an A, R -1, or HR district, the minimum exterior side setback area shall be not less than one -half of the required front setback area of the abutting lot. (ii2) Except as otherwise provided in subsection (g)(1) of this Section, on a lot abutting an A, R-1, or HR district, the minimum side setback area o r rear setback area abutting such other district shall be thirty feet. (iii3) On a lot directly across a street or alley from an A, R -1, or HR district, the minimum side setback area or rear setback area abutting to such street or alley shall be ten fee t. Where a side or rear setback area is required under any of the foregoing provisions, one foot shall be added to the required setback area for each one foot of height or fraction thereof by which a structure within thirty feet of the lot line for such setback area exceeds fourteen feet in height. [Subsections (h)-(k) are renumbered as (g) through (j) respectively.] e. Section 15-19.035 (Commercial Neighborhood Residential High Density ). 15-19.035 - C-N(RHD) district regulations. [No changes to subsections (a) through (e).] (f) Front, side, and rear setback areas. For any nonconforming site in the C-N(RHD) district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the C-N(RHD) district, the minimum setback area requirements in the C-N(RHD) district, are as follows: (1 f) Front setback area. The minimum front setback area of any lot in a C -N(RHD) district shall be ten feet; except that on a site abutting and fronting on t he same street as, or directly across the street from, an A, R -1, HR, R-M or P-A district, the minimum front setback area shall be fifteen feet. (2 g) Side and rear setback areas. No side or rear setback areas shall be required for any lot in a C-N(RHD) district, subject to the following exceptions: (i 1) On a reversed corner lot abutting a lot in an A, R -1, or HR district, the minimum exterior side setback area shall be not less than one -half of the required front setback area of the abutting lot. (ii 2) Except as otherwise provided in subsection (g)(1) of this Section, on a lot abutting an A, R-1, or HR district, the minimum side setback area or rear setback area abutting such other district shall be thirty feet. (iii 3) On a lot directly acros s a street or alley from an A, R-1, or HR district, the minimum side setback area or rear setback area abutting such street or alley shall be ten feet. 14 Exhibit A 5 Where a side or rear setback area is required under any of the foregoing provisions, one foot shall be added to the required setback area for each one foot of height or fraction thereof by which a structure within thirty feet of the lot line for such setback area exceeds fourteen feet in height. [Subsections (h)-(m) are renumbered as (g) through (l) respectively.] f. Section 15-19.040 (Commercial-Village) 15-19.040 - C-V district regulations. [No changes to subsections (a) through (e).] (f) Front, side, and rear setback areas. For any nonconforming site in the C-V district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the C-V district, the minimum setback area requirements in the C- V district, are as follows: (1 f) Front setback area . The minimum front setback area of any lot in a C-V district shall be ten feet; except that on a site abutting and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall be fifteen feet. (2 g) Side and rear setback areas. The minimum side setback area of any lot in a C -V district shall be ten feet and the minimum rear setback area of any lot in a C -V district shall be thirty feet, subject to the following exceptions: (i 1) One foot shall be added to the minimum side setback area for each one foot of height or fraction thereof by which a portion of a structure within thirty feet of the side lot line for such setback area exceeds fourteen feet in height. (ii 2) One foot shall be added to the minimum re ar setback area for each one foot of height or fraction thereof by which a portion of a structure within sixty feet of the rear lot line for such setback area exceeds fourteen feet in height. (iii 3) On a corner lot, the minimum exterior side setback ar ea shall be twenty feet. [Subsections (h)-(j) are renumbered as (g) through (i) respectively.] g. Section 15-19.050 (Commercial-Historic) 15-19.050 - C-H district regulations. [No changes to subsections (a) through (e).] (f) Front, side, and rear setback areas. For any nonconforming site in the C-H district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. 15 Exhibit A 6 For any conforming site in the C-H district, the minimum setback area requirements in the C- H district, are as follows: (1 f) Front setback area. No front setback area shall be required in the CH-1 district. The minimum front setback area of any lot in the CH-2 district shall be fifteen feet. (2 g) Side setback area. No side setback area shall be required in either the CH-1 or CH-2 district. (3 h) Rear setback area. No rear setback area shall be required in the CH-1 district. No rear setback area shall be required for any lot in the CH-2 district having a rear lot line that abuts a public right-of-way, public parking district, Saratoga Creek, or the CH-1 district. Where the rear lot line of any lot in the CH-2 district abuts an A, R -1, HR, or R-M district, the minimum rear setback area shall be thirty feet, plus one foot for each two feet of he ight or fraction thereof by which a portion of a structure within sixty feet of the rear lot line for such setback area exceeds fourteen feet in height. [Subsections (i)-(l) are renumbered as (g) through (j) respectively.] h. Article 15-20 (Residential Open Space) 15-20.090 - Front, side, and rear setback areas. (a) For any nonconforming site in the R-OS district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the R-OS district, the minimum setback area requirements in the R-OS district, are as follows: (1 a) Except as otherwise provided in subsection (b) of this Section, the minimum front, side, and rear setback areas of any lot in the R -OS district shall be as follows: Front Interior Exterior Rear Setback Area Side Setback Area Side Setback Area Setback Area Single Story 50 ft. 40 ft. 50 ft. 100 ft. Two Story 70 ft. 60 ft. 70 ft. 120 ft. [No change to subsections (b) and (c).] 16 Exhibit A 7 4. Planning Commission Design Review 15-45.060 Planning Commission design review; public hearing. (a) Pursuant to this Article, the following projects shall receive design review approval by the Planning Commission prior to issuance of a building permit i n any A, R-1, HR, or R-OS district: [No changes to subsections (1) through (6).] (7) Any project that, in the opinion of the Community Development Director, may be significantly inconsistent with the design review findings required in Section 15-45.080 15-14.080 of this Article, or may cause excessive damage to the natural environment, or may result in excessive intensification of the use or development of the site. [No changes to subsections (8) and (9).] 5. Identification of Trees Proposed for Removal 15-45.075 Requirements for story poles and marking trees proposed for removal. Story poles are required to be installed as set forth below for all projects subject to design review approval in order to depict the elevations and silhouettes of a proposed new structure or an addition to an existing structure requiring design review approval. Trees proposed for removal in conjunction with a proposed project shall be clearly marked in the field as set forth below. (a) Definition and requirement. Story poles are temporary frames made of wood, metal, or other materials approved by the Community Development Department which are used to delineate the height, area, and approximate shape and massing of a proposed structure. Story poles must be installed in the manner set forth below if the project is subject to design review approval. (b) Timing. The applicant shall install the story poles and mark trees proposed for removal when notified to do so by the Community Development Department or designated representative at least three business days prior to advertising the public hearing for the project (or in the case of administrative design review at least three business days prior to issuance of the "Notice of Intent to Approve"). Neither the notice of public hearing nor the "Notice of Intent to Approve" (as applicable) for the project will be mailed until the story poles are installed and trees are marked to the satisfaction of the Community Development Director and photographs of the installed and approved story poles and marked trees are filed with the Community Development Department. (c) Requirements. Once the Community Development Department has authorized an applicant to erect story poles and mark trees proposed for removal, the applicant shall comply with all of the following requirements: (1) The story poles must be constructed of wood, metal, or other materials pre-approved by the Community Development Director (which materials must be suitable for construction of a temporary frame that will remain standing during the required public notice and application review period). 17 Exhibit A 8 (2) The story poles shall be erected so that on each building elevation of the proposed structure at least one story pole shall show graduated five-foot interval height measurement markings in either paint or tape. (3) The story poles shall be erected so that at least one building elevation of the proposed structure shows the proposed finished grade and finished floor elevation markings in either paint or tape. (4) The story poles shall be erected so that orange netting or other materials approved by the Community Development Director will be used to approximate the mass, shape and roofline (e.g., roof pitch/slope, ridge, and volume) of the proposed structure as illustrated in Diagram A. For complex roof forms, the Community Development Director may also require that ridge flags be installed to delineate a main roof ridge or high point. (5) Upon completion of the story pole installation, the applicant shall provide to the Community Development Department a professional-stamped and signed letter from a State licensed land surveyor or civil engineer verifying the accuracy of the story pole installation in terms of location, heights, and elevation data. (6) The applicant shall erect on the story pole elevation facing the main access to the building site or the main street frontage, a minimum eleven-inch by seventeen-inch sign which contains the following information: a. Name of applicant/property owner; b. Contact telephone number of applicant/property owner; c. A brief description of the proposed project's scope of work; d. Community Development Department main telephone number. (7) Prior to any notices being distributed, the applicant shall submit photos satisfactory to the Community Development Department of the completed story pole installation including required signs. (8) Tree removals. Any tree proposed for removal as part of the proposed project shall be clearly marked in the field. Acceptable means of identifying trees include using fluorescent tape wrapped around the tree’s trunk, paint on the tree trunk that is easily visible, or another means approved by the Community Development Director. [No changes to subsections (d) and (e).] 6. Heritage Tree Definition Reference 15-50.050 - Removal of certain trees without permit. Except as otherwise provided in Section 15-50.060, it is unlawful for any person to remove, damage, prune, or encroach upon, or cause to be removed, damaged, pruned, or encroached upon any protected tree, located on any private or public property in the City without first having 18 Exhibit A 9 obtained a tree removal, pruning or encroachment permit issued pursuant to this Article and authorizing the proposed action. A protected tree shall consist of any of the following: (a) Any native tree having a DBH of six inches or greater (b) Any other tree having a DBH of t en inches or greater. (c) Any street tree, as defined in Section 15-50.020(v), regardless of size. (d) Any heritage tree, as defined in subsection 15-50.020(n) (1) regardless of size. (e) Any tree required to be planted or retained as a conditio n of any approval granted under this Chapter or Chapter 14 of this Code. (f) Any tree required to be planted as a replacement, as provided in Section 15-50.170 of this Article. 7. Marking Trees to be Removed for Design Review, Subdivisions, or Building Permit Review 15-50.090 Development or improvement projects. (a) Subdivision approval. When any application is made pursuant to Chapter 14 and that proposal would involve removal of, pruning of, or encroachment upon a protected tree, the City shall take into consideration the provisions of this Article in granting or denying the application. (b) Project approval. Removal of, pruning of, or encroachment upon any protected trees pursuant to project approval granted under this Chapter or Chapters 14 or 16 of this Code shall meet the requirements of Section 15-50.140 and be evaluated according to the criteria in Section 15- 50.080. For projects requiring a design review approval, trees to be removed shall be marked in the field as specified in Section 15-45.075. (c) Modifications to approved projects. In the event of any change or modification to an approved site development plan which results in removal of or an increase in pruning of or encroachment upon any protected tree, the provisions of this Article shall apply. 8. Minimum Floor Area and Permitting Requirements of Accessory Dwelling Units 15-56.030 - Development standards. Except as otherwise provided in Section 15-56.050, each accessory dwelling unit shall comply with all of the following development standards: (a) Newly constructed accessory dwelling unit. Except as otherwise provided in this Article, each newly constructed accessory dwelling unit is required to satisfy the following crite ria: (1) Lot size. The net site area of the lot upon which the accessory dwelling unit is located shall not be less than ninety percent of the minimum standard prescribed for the district applicable to 19 Exhibit A 10 such lot. Minimum standards for lots located in the HR residential district are determined per Section 15-13.060(a) of the City Code. (2) Building codes. The accessory dwelling unit shall comply with applicable building, health and fire codes. (3) Zoning regulations. Unless otherwise provided in this Article, the accessory dwelling unit shall comply with applicable zoning regulations (including, but not limited to, req uired setbacks, floor area limits, site coverage, and height limits). A one -time ten percent increase in site coverage and allowable floor area may be granted by the Community Development Director if the new accessory dwelling unit is deed restricted so th at it may only be rented to below market rate households. (4) Sale prohibited. The unit shall not be intended for sale, or sold, separately from the main dwelling. (5) Location and configuration. The accessory dwelling unit must be either (i) attached to the existing main dwelling (including being located within the living area of the existing main dwelling) or (ii) detached from the existing main dwelling and located on the same lot as the existing main dwelling. (6) Floor area. a. The minimum floor area of any accessory dwelling unit shall be four hundred square feet. a b. The maximum floor area limit for an accessory dwelling unit shall be as follows: 1. An attached accessory dwelling unit shall not exceed fifty percent of the existing liv ing area, with a maximum size of one thousand two hundred square feet, not including the garage. 2. A detached accessory dwelling unit shall not exceed one thousand two hundred square feet of living space, not including the garage. b c. If an accessory dwelling unit has a basement or an attic, that area is included as part of the total maximum floor area allowed. c d. Floor area limit. Both the accessory dwelling unit and the main dwelling unit shall count toward the total floor area limit set by appl icable zoning regulations. [No changes to subsections (7) through (16).] (b) Permitting. (1) Construction of additional floor area. Within one hundred twenty days of receipt of a complete application, the Community Development Department shall ministerially process for approval any application for a building permit for a newly created accessory dwelling unit that meets all the criteria in subsection (a) of this Section. 20 Exhibit A 11 (2) Conversion of existing floor area. The following provisions shall apply to a complete application for a building permit to convert existing floor area of a single-family dwelling or accessory structure to an accessory dwelling unit: a. The Community Development Department shall ministerially approve within one hundred twenty days any complete application for an accessory dwelling unit building permit. b. The accessory dwelling unit must: 1. Be located within a single-family residential zone; 2. Be contained within the existing space of a single-family dwelling or accessory structure; 3. Have independent exterior access from the existing main dwelling; 4. Have side and rear setbacks sufficient for fire safety as determined by the fire agency having jurisdiction; and 5. Comply with all building codes and health and safety regulations. c. Parking. 1. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any lost off-street parking spaces required for the main dwelling must be replaced with off-street covered parking. 2. No additional parking will be required for the accessory dwelling unit in instances where the accessory dwelling unit is part of the existing main dwelling or an existing residential accessory structure intended for human habitation. d. Fire sprinklers. The accessory dwelling unit may be required to provide fire sprinklers only if they are required for the main dwelling. e. Converted garage setbacks. No setback shall be required for an exist ing garage that is converted to an accessory dwelling unit. f. Junior accessory dwelling unit. One junior accessory dwelling unit may be permitted that complies with all provisions contained in Government Code Section 65852.22 and all applicable building, health, fire, and zoning codes, provided that the single-family residential lot does not already contain an accessory dwelling unit or junior accessory dwelling unit. The junior accessory dwelling unit shall be subject to the following: 21 Exhibit A 12 1. The recordation of a deed restriction, which shall run with the land, and include: i. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. ii. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. 2. Be constructed within the existing walls of the structure and require the inclusion of an existing bedroom. 3. Include a separate independent outside entrance with an interior entry to the main living area. A second interior doorway may be used for sound attenuation. 4. The provision of an efficiency kitchen, which shall include all of the following: i. A sink with a maximum waste line of 1.5 inches. ii. A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas. iii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the accessory dwelling unit. 9. Prohibition of Commercial Marijuana Activity. 15-80.140 - Medical marijuana dispensaries prohibited Prohibition of Commercial Marijuana Land Uses and Regulation of Personal Marijuana Cultivation in all districts. (a) Definitions. For purposes of this Section, “Commercial marijuana land use” means any place, location, building, structure, or establishment where commercial marijuana activity, as defined in Section 6-30.020(a), occurs. The definition of terms in Section 6-30.020 apply to the same terms used in this Section. "Medical Marijuana Dispensary" means any facility, building, structure, or establishment, where a primary caregiver or a collective or cooperative group of qualified patients, persons with identification cards and/or primary caregivers makes available, sells, transmits, gives, allocates, administers, delivers, processes, or otherwise provides marijuana to or cultivates marijuana for more than two qualified patients, persons with identification cards, or primary caregivers. The terms "primary caregivers," "persons with identification cards," "qualified patients," and "collective or cooperative group" are defined in California Health and Safety Code section 11362.5 et seq., and the State of California Department of Justice Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use (Aug. 2008) and any amendments thereto. Medical Marijuana Dispensary does not mean a state licensed facility listed in Health and Safety Code section 11362.7(d)(1). A Medical Marijuana Dispensary shall not fall within the definition of accessory use or any other use defined in this Code. 22 Exhibit A 13 (b) Prohibition of use. A Medical Marijuana Dispensary Commercial marijuana land uses, the outdoor cultivation of marijuana, and the indoor cultivation of marijuana (except indoor cultivation for personal use as provided in Section 6-30.040(b)), shall not be permitted in any zoning district. (c) Enforcement. (1) Violations of this Section are hereby declared to be public nuisances and determined to be an immediate hazard to the public health, safety or welfare for purposes of Article 3-20 (Emergency Nuisance Abatement Procedure) of this Code. (2) Enforcement of this Section shall be conducted pursuant to Section 6-30.050 of this Code. (2) In addition to other remedies provided by this Code or by other law, any violation may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, unfair business practice proceedings under Business & Professions Code Section 17200 et seq., and suits for injunctive relief. The remedies provided by this Section are cumulative and in addition to any other remedies available at law or in equity. (3) Notwithstanding any other provision of this Code, including Article 3-05 (Criminal Enforcement) and Article 15-95-030 (regarding misdemeanors and infractions), a qualified patient, person with a valid identification card, or primary caregiver, as those terms are defined in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code sections 1111362.5 and 11362.7 et seq., shall not be subject to criminal liability under California Health and Safety Code section 11570 or any criminal abatement actions or complaints for operating or owning a Medical Marijuana Dispensary as that term is defined in this Section. Any qualified patient, person with a valid identification card, or primary caregiver owning or operating a Medical Marijuana Dispensary in violation of this Section shall be subject to all other compliance actions set forth in subsection (c)(3) of this Section, code enforcement actions set forth in Chapter 3, and legal proceedings authorized in Section 15-95.020 of this Code. Nothing in this Section shall prevent the criminal enforcement of other violations of this Code or state law. End of Amendments 23 REPORT TO THE PLANNING COMMISSION Page 1 Meeting Date:November 8, 2017 Location Citywide Owner/Applicant:City of Saratoga Staff Planner:Sung H. Kwon, Senior Planner SUBJECT: Consider restricting lighting on temporary signs and enhanced enforcement provisions for off-site signs on public property. RECOMMENDED ACTION: The Planning Commission approve the attached resolution 17-028 recommending that the City Council adopt changes to Sections 15-30.060 (Signs allowed in any zoning district without a sign permit), 15.30.110 (Temporary on-site signs on lots in any sign district), 15-30.120 (Signs on lots with institutional, public, or quasi-public uses), 15-30.140 (Temporary on-site sign on lots with residential properties actively marketed for sale or lease), 15-30.145 (Temporary on-site sign on lots with commercial properties actively marketed for sale or lease), and 15-30.190 (Sign conformance, violations and abatement of illegal signs)of the City Code. BACKGROUND: The City Council, on October 18, 2017, approved the Planning Commission’s recommended changes to off-site signs in residential districts with the first reading of the ordinance. The second reading of the ordinance was approved on November 1, 2017 and the changes become effective 30 days thereafter. The Council further directed staff and the Commission to prepare amendments that would make uniform the Code’s lighting restrictions on temporary signs. In addition, upon review of Section 15-30.120 (Signs on lots with institutional, public, or quasi- public uses), staff discovered that this section of the code does not have limitations regarding attention getting devices. Therefore, to create consistency for lighting limitations on all temporary signs, the standard restriction on attention getting devices was also added to the recommendation. The City Council also directed staff and the Commission to develop enforcement tools regarding removal of illegal off-site signs on public property. Proposed changes include immediate removal of off-site signs in the public right of way. The revisions would require that a notice be mailed to the owner of the sign within 3 business days following removal of the sign. In practice, a reasonable attempt to identify a sign owner, if their name and address was not on the sign, would likely constitute an internet search to discover the name and address of the sign owner. 24 Page 2 Proposed changes are provided in Resolution 17-028, Attachment 1. ENVIRONMENTAL DETERMINATION: The proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15061(b)(3) – The general rule that CEQA applies only to projects which have the potential of causing a significant effect on the environment. The proposed amendments are also Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15311 – New Accessory Structures. ATTACHMENTS: 1. Resolution recommending that the City Council approve the proposed amendments to Chapter 15-30 (Signs) of the Zoning Ordinance: Exhibit 1 - Revisions, with strikeout (deleted) and underlines (added) and replacement text. 25 RESOLUTION NO. 17-028 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CHANGES TO CHAPTER 15-30 (SIGNS) OF THE ZONING ORDINANCE REGARDING LIGHTING OF SIGNS AND ENFORCEMENT OF SIGN REGULATIONS. WHEREAS, on October 18, 2017, the Saratoga City Council directed staff to prepare a draft ordinance establishing uniform limits on lighting temporary signs and procedures to allow more effective enforcement of limits on the placement of off-site signs on public property. WHEREAS, the change to the Zoning Ordinance (Signs) is determined to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15061(b)(3) – The general rule that CEQA applies only to projects which have the potential of causing a significant effect on the environment. The proposed amendments are also Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15311 – New Accessory Structures; and WHEREAS, on November 8, 2017, the Planning Commission held a duly noticed public hearing on the draft ordinance, and considered evidence presented by City staff and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby recommends the following to the City Council: 1) The Council determine that the proposed Zoning Ordinance (Signs) changes are Categorically Exempt from CEQA. 2) The Council approve the revisions to Chapter 15-30 (Signs) as outlined in the Revised Zoning Ordinance in Exhibit 1. RECOMMENDED by the City of Saratoga Planning Commission this 8th day of November 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Tina K. Walia Chair, Planning Commission 26 Page 2 Exhibit 1 15-30.060 - Signs allowed in any zoning district without a sign permit. The following signs are allowed without a sign permit in any zoning district in the City: (a)Flags, provided that they display only noncommercial messages. The aggregate area of all flags displayed on any lot shall not exceed thirty square feet. No flagpole shall be higher than twenty-five feet. (b) Hand-held signs displaying noncommercial messages. (c) Window signs, provided that the signs do not comprise more than twenty-five percent of the area of any individual window. (d) Temporary special event signs as approved under a special event permit issued per City Code Article 10-10, provided that: (1) No individual sign shall exceed ten feet in height and sixty square feet in area; (2) The signs shall not be illuminated. (3) No sign shall be thicker than one-half inch, except for support posts firmly planted in the ground. (4) A special event sign located on private property may incorporate balloons, ribbons, streamers, lights, or other attention-getting devices, provided these devices are not displayed for more than twenty-four consecutive hours at a time, nor more than six twenty-four-hour periods in any one year. (5) No signs shall be located on private property without the permission of the property owner. (e) Temporary noncommercial signs (including, but not limited to, election signs), provided that: (1) No sign shall be displayed for more than seventy-five cumulative days within a one-year period. (2) No sign shall exceed four square feet in area and four feet in height. (3) The sign shall not be illuminated. (4) No sign shall be thicker than one-half inch, except for support posts firmly planted in the ground. (5) A temporary, noncommercial sign located on private property may incorporate balloons, ribbons, streamers, lights, or other attention-getting devices, provided these devices are not displayed for more than twenty-four consecutive hours at a time, nor more than six twenty-four-hour periods in any one year. (6) No signs shall be located on private property without the permission of the property owner. (f) Temporary signs on lots with active construction. In addition to the temporary, noncommercial signs allowed pursuant to subsection 15-30.060(e), up to two temporary, nonilluminated on-site or noncommercial signs on any active construction site, provided that: (1) The sign shall be located on the same lot as the construction project. (2) One sign may be freestanding, but in such case shall not exceed six feet in height. (3) One sign may be located on a construction fence. (4) No sign shall exceed fifteen square feet in area. (g) Banners on light poles erected or cosponsored by a governmental entity. 27 Page 3 (h) Traffic control signs and devices erected by a government entity. Lots with a parking area exceeding ten spaces may have up to four signs for every ten parking spaces, where each sign shall not exceed two square feet in area and four feet in height. (i) Utility location signs, utility identification signs, and utility markers erected by a governmental entity. (j) City entrance signs. One permanent sign adjacent to an arterial street at each entrance to the City. The total sign area of each sign shall not exceed fifty square feet. (k) City median signs. Temporary signs in medians erected by a government entity at locations and in such numbers and sizes approved by the City Manager. The City Manager shall determine safe locations, numbers, and sizes for City median signs, and shall make this information available to the public. Temporary signs displayed by others at these approved locations are permissible if: (1) No government entity is displaying its own sign(s) at the approved location(s); (2) An application has been submitted to the City Manager to locate non-government signs at the approved locations and the City Manager has authorized the use, pursuant to procedures established by the City Council or City Manager; (3) Temporary signs are non-commercial and announce events that (1) are noncommercial; (2) will be held in Saratoga; (3) are open to the general public and (4) are held by either (a) a nonprofit organization; (b) an individual or group without charge; or (c) an individual or group with a charge for the purpose of cost-recovery or raising funds on behalf of a nonprofit organization. (4) The temporary signs comply with such other requirements as may be adopted by the City Council or City Manager regarding the duration, size, installation and related matters other than the content of the sign. 15-30.110 - Temporary on-site signs on lots in any sign district. In addition to other signs allowed pursuant to this Article, temporary on-site signs that comply with each of the following standards are allowed on lots in any of the four sign districts without a permit: (a) One temporary banner or freestanding on-site sign provided that: (1)Temporary on-site banner shall comply with the following: a. The banner shall only be placed on a building. b. The banner shall not exceed ten square feet in area. c. The banner shall be constructed of durable all-weather fabric or synthetic material. d. Each lot shall be free of temporary on-site banners at least one hundred eighty days in a calendar year. e. No individual temporary on-site banner shall be displayed more than thirty consecutive days. (2)Temporary on-site freestanding sign (including, but not limited to, A-frame type sign) shall comply with the following: a.The sign shall only be located within ten feet from the primary entrance to the building and shall not impede pedestrian travel. b. The sign shall not exceed six square feet in area and four feet in height. c.The sign shall not be affixed to any tree or structure. 28 Page 4 d.The sign shall only be displayed when the business is open. e. The sign shall be constructed of durable all-weather wood, metal, and/or blackboard. (b) No business shall display more than one temporary on-site sign at any one time. (c)No temporary on-site sign shall be located within ten feet of another temporary sign. (d) No temporary on-site sign shall be illuminated. (e)No temporary on-site sign shall include balloons, ribbons, streamers, lights, or other attention-getting devices. (f)No temporary on-site sign shall be located on any median, street, or travel lane, or upon any sidewalk where it impedes pedestrian travel. 15-30.120 - Signs on lots with institutional, public, or quasi-public uses. In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots with an institutional, public, or quasi-public use anywhere in the City: (a)Building signs: Any number of permanent building sign(s) on any lot are allowed with a sign permit, provided that: (1)The aggregate area of all permanent building sign(s) shall not exceed forty square feet. (2) No individual permanent building sign shall be greater than ten square feet in area. (b) Freestanding signs: Up to two permanent freestanding sign(s) per street frontage, or one permanent freestanding sign per driveway, whichever is greater are allowed with a sign permit provided that: (1) The aggregate area of all permanent freestanding sign(s) shall not exceed forty square feet. (2) No individual permanent freestanding sign shall exceed ten feet in height and the aggregate height of all such signs shall not exceed fifteen feet. (c) Temporary signs: On-site temporary signs are allowed without a sign permit, provided that the aggregate area of all such signs shall not exceed forty square feet or one-eighth square foot of area for each lineal foot of street frontage, whichever is greater. In no case shall the aggregate total of all temporary on-site signs exceed eighty square feet. If the property has more than one street frontage, the total area of on-site temporary signs shall be proportional to the lineal feet of such street frontage. (1) No individual temporary on-site sign shall be displayed on a building for more than thirty consecutive days. (2) Up to two temporary on-site signs may be displayed on a single permanent, freestanding, dark-colored, durable, all-weather wood or metal frame structure. a.The maximum height of the structure shall be six feet. b.One structure may be located on each street frontage. c. No individual sign shall be displayed on such freestanding structure for more than one hundred eighty consecutive days. d.No temporary on-site sign shall include balloons, ribbons, streamers, lights, or other attention-getting devices. 29 Page 5 15-30.140 - Temporary on-site sign on lots with residential properties actively marketed for sale or lease. In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots with residential properties actively marketed for sale or lease without a permit: (a)One temporary on-site sign may be located on a property that is actively marketed for sale or lease, provided that: (1)The sign shall not exceed four square feet in area and six feet in height. (2) The sign shall not include balloons, ribbons, streamers, lights, or other attention- getting devices. 15-30.145 - Temporary on-site sign on lots with commercial properties actively marketed for sale or lease. In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots with commercial properties actively marketed for sale or lease without a permit: (a) One temporary on-site sign per use may be located on a property that is actively marketed for sale or lease, provided that: (1)The sign area for any one use shall not exceed ten square feet. If the sign is advertising three or more uses, it shall not exceed twenty-four square feet in area. (2) No sign shall exceed six feet in height. (3) No sign shall include balloons, ribbons, streamers, lights, or other attention- getting devices. 15-30.190 - Sign conformance, violations and abatement of illegal signs. (a) Illegal signs.Any sign, including its supporting structure, other than a legal nonconforming sign, as defined in subsection 15-30.190(b), that is in violation of this Article shall be deemed to be a public nuisance and shall be made to immediately conform by written notice. (b) Legal nonconforming signs.A "legal nonconforming sign" is a permanent sign that was in existence on the effective date of the ordinance adopting this Article and that does not conform to the provisions of this Article. (1) A permanent "legal nonconforming sign" shall not be considered an "illegal sign", or in violation of this Article, or required to be removed or made to conform, unless: a. It is altered or relocated, or b. A conditional use permit for a new use, or design review pursuant to City Code Section 15-46.060, is required for the property on which the "legal nonconforming sign" is located. (2) Temporary signs and window signs are not considered permanent legal nonconforming signs for the purposes of this Article. (3) The owner of the sign shall bear the burden of demonstrating to the Director that the sign was in existence on the effective date of the ordinance adopting this Article, and the Director's determination shall be final. (4) Notwithstanding the foregoing, all legal nonconforming signs must comply with the maintenance requirements of subsection 15-30.030(i). (c)Illegal signs on public property. 30 Page 6 (1)Any sign other than an off-site sign located upon or affixed to any public property in violation of the provisions of this Article is subject to removal, upon the City giving at least three days' prior written notice of such violation and intended removal to the sign owner. If the sign owner cannot be ascertained or found after reasonable efforts to do so, the notice shall be posted upon the sign for a period of at least three days prior to the removal of the sign. Any such sign that constitutes an immediate and substantial hazard to the public health or safety may be promptly abated and removed with written notice of the removal provided to the sign owner, or without notice if the owner cannot be promptly ascertained. (2)Notwithstanding any other provision of this Code, any off-site sign located upon or affixed to any public property (including but not limited to any median, street, travel lane, sidewalk, or landscaping/parkway strip located between a sidewalk and street) in violation of the provisions of this Article is subject to immediate removal. The City shall make a reasonable attempt to identify the owner of the sign and shall mail notice of the removal to the owner of the sign within three business days of the date of removal. A sign that has been removed pursuant to the paragraph shall be retained by the City and may be retrieved by the owner in accordance with subsection 15- 30.190(d). (d) Sign removal.Except as provided in subsection 15-30.190(b), all signs presently existing and not in conformity with the provisions of this Article constitute a violation of this Code and shall be removed or made to conform to the provisions of this Article. (1) Any sign removed pursuant to this Article will be retained by the City for a period of at least ten days, during which the sign owner may retrieve the sign upon payment of all removal costs or an administrative fine established by the City Council, whichever is greater. Any person desiring to contest such payment may request a hearing before the Community Development Director, who shall waive the payment if he determines that the sign did not violate any provisions of this Article. The decision of the Community Development Director can be appealed to the City Council. (2) Any sign not retrieved within the ten-day period shall conclusively be deemed to have been abandoned by the owner thereof and may be destroyed or otherwise disposed of by the City. The City shall have the right to recover from the owner of such sign all removal and destruction costs. (e) Violation.Each sign found to be in violation of any provision of this Article shall constitute a separate violation of this Code. (f) Additional enforcement.The enforcement of sign regulations pursuant to this Section shall be in addition to any other rights and remedies available to the City under Chapter 3 of this Code by reason of the same violation. 941521.2 31 32 33 34 REPORT TO THE PLANNING COMMISSION Meeting Date:November 8, 2017 Application:PDR17-0008, ARB17-0021 Location / APN: 19411 San Marcos Road / 397-13-016 Owner/Applicant:Joanna Wang / Tri Hong Staff Planner:Christopher Riordan 19411 San Marcos Road SITE 35 Page 2 of 6 Summary PROJECT DESCRIPTION:The applicant is requesting Design Review approval to construct an approximately 6,363 square foot one story single-family home and a 556 square foot detached accessory dwelling unit. No trees are proposed for removal. The net lot size area is 55,081 square feet and the site is zoned R-1-40,000. STAFF RECOMMENDATION:Adopt Resolution No. 17-027 approving the project subject to conditions of approval. Design Review Approval by the Planning Commission is required pursuant to City Code Section 15-45.060(a)(6) [Project exceeding 6,000 square feet]. PROJECT DATA: Gross/Net Site Area:55,081SF Average Site Slope:6.2 % General Plan Designation:RVLD (Very Low Density Residential) Zoning:R-1-40,000 Grading:401 cubic yards (192 cut and 209 fill) Data Proposed Allowed/Required Conformance Site Coverage Building (Main House) Courtyard Garage & Carport Walkway Deck Building (Accessory Dwelling) Driveway (Permeable Pavers) Walkways Existing Asphalt Driveway Total Proposed Site Coverage 6,986 sq. ft. 2,652 sq. ft. 1,188 sq. ft. 659 sq. ft. 556 sq. ft. 2,843 sq. ft. 463 sq. ft. 335 sq. ft. 15,682 sq. ft. (28%) 21,206 sq. ft. [19,278 sq. ft. + 10% (1,928 sq. ft.) increase for a deed restricted secondary dwelling unit] Conforms Floor Area MainHouse Garage Accessory Dwelling Unit Total Floor Area 5,859.67 sq. ft. 504 sq. ft. 556 sq. ft. 6,919.67 sq. ft. 6,952 sq. ft. [6,320 sq. ft. + 10% (632 sq. ft.) increase for a deed restricted secondary dwelling unit] Conforms Height (Residence) Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: Total Proposed Height 95.50 98.6 97.05 115.05 (18.0 ft.) 26 Feet Conforms Setbacks Front Left Right Rear 65’-0” 23’-0” 78’-0” 50’-0” 30’ 20’ 20’ 50’ Conforms 36 Page 3 of 6 PROJECT DESCRIPTION AND SITE CHARACTERISTICS Site Background: The 55,081 square foot site is located at 19411 San Marcos Road. The average site slope is 6.2% with a grade change of 12 feet from the southwest corner to its northeast corner. Surrounding uses include a driveway, parking lot and tennis courts of West Valley College to the north and single-family homes on the remaining three sides located on sites of similar size as the subject site. Site access is provided by a private driveway that connects to San Marcos Road. Chain link fencing surrounds the project site. Existing mature landscaping screens the site from adjacent properties. The site is not visible from any public streets. Currently located on site are an existing one story single-family home and a detached garage. All existing structures are proposed for removal. A total of 61 protected trees potentially impacted by the project were reviewed by the City Arborist. These include Coast live oaks, Valley oaks, California buckeye, Deodar cedar, and pines. No trees are proposed for removal. Project Description and Architectural Style: The project would include the construction of a 6,363 square foot, one story single-family residence and a 556 square foot detached accessory dwelling unit. The project would also include a 4,049 square foot basement which is not included in the project’s overall floor area. The proposed residence would have an architectural style which could be referred to as Neo- Mediterranean. Proposed exterior materials include a smooth stucco exterior, Coronado stone veneer on columns and at sections of the base of the buildings, square shaped wood clad windows and wood doors, copper gutters and downspouts, and a natural slate hipped style roof. Accessory Dwelling Unit: The 556 square foot one bedroom detached accessory dwelling unit would be located near the site’s southeast corner. The accessory dwelling unit would be deed restricted. The Saratoga City Code allows a one-time ten percent increase in site coverage and allowable floor area if an applicant agrees to a deed restriction restricting the rental of a second unit to below market rate (BMR) households. A condition has been added to the project requiring this deed restriction be recorded prior to issuance of a building permit. The provision of the BMR unit would allow the applicant to construct an additional 632 square feet of floor area on the site above the maximum allowable floor area of 6,320 square feet for a total allowable floor area of 6,952 square feet. The total proposed floor area for the entire site is 6,919 square feet. In addition, the 19,278 square foot (35%) maximum site coverage would also be increased by ten percent for total allowed site coverage of 21,206square feet. Thetotal proposed site coverage is 15,682 square feet (28%). Projects with accessory dwelling units are required to provide parking for one vehicle within an enclosed garage that is in addition to the required parking for the main residence. The enclosed parking requirement for the second dwelling unit can be waived if it is deed restricted. Two carports would be constructed on opposite sides of the two car garage. 37 Page 4 of 6 Landscaping: The proposed landscape plan (page L-1 of the Project Plans) illustrates that the substantial number of existing trees on the site will dominate the landscaping. New landscaping will be located adjacent to the driveway and to the right of the front entrance and will include drought tolerant plans and grasses. Additional lawn area will be located to the right of the driveway and within the front yard setback. The driveway would be composed of permeable pavers. Materials and Colors: Detail Colors and Materials Exterior Tan colored stucco / Coronado stone veneer Windows/Doors Brown colored wood clad windows and doors. Garage Door Anodized aluminum with white laminate glass panels Roof Natural slate Trees:A total of 61 protected trees potentially impacted by the project were reviewed by the City Arborist. These include Coast live oaks, Valley oaks, California buckeye, Deodar cedar, and pines. No trees are proposed for removal. All the protected trees in the vicinity of the project will be protected during construction. Details and descriptions of the protected trees are included in the Arborist report which is included as Attachment #2. Residential Calgreen Measures: The project will exceed the minimum CalGreen standards for a new home. The Residential CalGreen Measures Checklist is included on Page G-1 of the Development Plans (Attachment #5). Neighbor Notification and Correspondence: The applicant was unable to get Neighbor Notification Forms signed by adjacent property owners. A Public Notice was sent to property owners within 500 feet of the site. No project related concerns have been brought to the City’s attention as of the preparation of this staff report. On February 8, 2017, the Planning Commission approved an application for a new two story residence at 19421 San Marcos Road. That project included a condition of approval in response to an adjacent neighbor’s concerns related to possible construction-related impacts to the shared common driveway. For consistency, to ensure maintenance of the driveway, staff is recommending the same condition of approval for the subject project that the applicant videotape the surface of the shared driveway prior to the start of construction. The applicant would be required to make any construction-related repairs prior to building permit final. A Public Notice was sent to property owners within 500 feet of the site. No additional concerns have been brought to the City’s attention as of the writing of this staff report. 38 Page 5 of 6 FINDINGS Design Review Findings -The Planning Commission shall not grant design review approval unless it is able to make the following findings. These findings are in addition to and not a substitute for compliance with all other Zoning Regulations (which constitute the minimum requirements, as provided in City Code Section 15-05.050). 1. Site development follows the natural contours of the site, minimizes grading, and is appropriate given the property’s natural constraints. This finding can be made in the affirmative because the proposed development and grading are located in a predominantly level area and concentrated towards the center of the site thereby preserving the site’s existing contours and trees. Grading for the site will be primarily limited to constructing the building pad and basement and contouring the site to direct drainage to landscaped areas and retention facilities. 2. All protected trees shall be preserved, as provided in Article 15-50 (Tree Regulations). If constraints exist on the property, the number of protected trees, heritage trees, and native trees approved for removal shall be reduced to an absolute minimum. Removal of any smaller oak trees deemed to be in good health by the City Arborist shall be minimized using the criteria set forth in Section 15-50.080. This finding can be made in the affirmative in that the project has been designed to reduce impacts to a minimum number of protected trees. The 61 trees inventoried as being potentially impacted include Coast live oaks, Valley oaks, California buckeye, Deodar cedar, and pines. No trees are proposed for removal. The City Arborist has required that all protected trees in the vicinity of the project be protected during the duration of the project. 3. The height of the structure, its location on the site, and its architectural elements are designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds. This finding can be made in the affirmative in that the 1.2 acre size of the parcel, the distance from the subject project to adjacent structures, limiting the project height to no taller than 18 feet, and existing vegetation and trees would screen views from adjacent properties. The project would not impact anyidentified community viewsheds. 4. The overall mass and the height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood.This finding can be made in the affirmative in that the overall design, height, horizontal building forms, materials, and location of buildings will avoid the perception of excessive bulk. The house will be limited to a single story. The facades of the buildings are well articulated with jogs in the building lines with varying height of roof elements, architectural projections, and rooflines. The views from homes on adjacent sites are screened by existing and proposed landscaping. 5. The landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape. This finding can be made in the affirmative in that the hardscape for driveway in the front setback area is limited to 9.5% of the approximately 6,750 square feet of front setback area. The remaining area of the front setback composing 90.5% of the area will be landscaped with grasses and existing native trees.39 Page 6 of 6 6. Development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy. This finding can be made in the affirmative in that the location of the nearest existing residence is located at a distance of more than 150 feet and all proposed landscaping would be located in close proximity to the development so there would be no shadowing that could impair the ability of adjoining properties to utilize solar energy. Mature trees surround the development but because adjacent properties are of similar square footage and have large setbacks there would not be an unreasonable impact on adjoining properties. 7. The design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055. This finding may be made in the affirmative in that the proposed project 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. 8. On hillside lots, the location and the design of the structure avoid unreasonable impacts to ridgelines, significant hillside features, community viewsheds, and is in compliance with Section 15-13.100. This finding is not applicable to the project as the site is not classified as a hillside lot. Environmental Determination:The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. STAFF RECOMMENDATION:Adopt Resolution No. 17-027 approving the project subject to conditions of approval. ATTACHMENTS: 1. Resolution of Approval for Design Review 2. Arborist Report dated August 24, 2017. 3. Story Pole Certification Letter 4. Public Hearing Notice 5. Development Plans (Exhibit A) 40 RESOLUTION NO: 17-027 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING A NEW SINGLE STORY SINGLE FAMILY RESIDENCE LOCATED AT 19411 SAN MARCOS ROAD WHEREAS, on March 30, 2017 an application was submitted by Tri Hong on behalf of Joanna Wang requesting Design Review approval to construct a new single story home located at 19411 San Marcos Road. The project has a total floor area of 6,919.67 square feet. The height of the proposed residence would be 18 feet. The site is located within the R-1-40,000 zoning district (APN 397-13-016). WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine this project exempt. WHEREAS, on November 8, 2017, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City Staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures”, of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. Section 3: The project is consistent with the following Saratoga General Plan Policies: Land Use Goal 13 which provides that the City shall use the Design Review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings; Safety Element Site and Drainage Policy 3 which provides that the City shall require that landscaping and site drainage plans be submitted and approved during Design Review for a residence prior to issuance of permits; Land Use Element Goal 10 which minimizes the impact of development proposals in hillside areas by requiring visual analyses and imposition of conditions to prevent or reduce significant visual impacts; and Conservation Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Section 4: The project is consistent with the Saratoga City Code in that the design and improvements are consistent with the design review findings in that the project follows the natural contours of the site, minimizes grading, and is appropriate given the property’s natural constraints; preserves protected trees; is designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds; the mass and height of the structure and its architectural elements are in scale with the structure itself and with the neighborhood; landscaping minimizes Attachment 1 41 2 hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape; does not unreasonably impair the ability of adjoining properties to utilize solar energy; is consistent with the Residential Design Review Handbook; and in the case of hillside lots, avoids unreasonable impacts to ridgelines, significant hillside features, community viewsheds, and is in compliance with Section 15-13-100. Section 5: The City of Saratoga Planning Commission hereby approves PDR17-0008 and ARB17-0021 located at 19411 San Marcos Road subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 8th day of November 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Tina K. Walia Chair, Planning Commission 42 3 Exhibit 1 CONDITIONS OF APPROVAL PDR17-0008 and ARB17-0021 19411 San Marcos Road (APN 397-13-016) GENERAL 1. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner’s successors in interest for such time period. No zoning clearance, or demolition, grading for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent or other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content to the Community Development Director. If a condition is not “Permanent” or does not have a term specified, it shall remain in effect until the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent. 2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this approval is duly executed, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the City certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 3. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga City Code incorporated herein by this reference. 4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold Harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. 43 4 5. Construction must be commenced within 36 months from the date of this approval (November 8, 2020), or this resolution will expire. COMMUNITY DEVELOPMENT 6. The owner/applicant shall comply with all City requirements regarding drainage, including but not limited to complying with the city approved Stormwater management plan. The project shall retain and/or detain any increase in design flow from the site, that is created by the proposed construction and grading project, such that adjacent down slope properties will not be negatively impacted by any increase in flow. Design must follow the current Santa Clara County Drainage Manual method criteria, as required by the building department. Retention/detention element design must follow the Drainage Manual guidelines, as required by the building department. 7. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated March 2017. All proposed changes to the approved plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with the City Code. 8. Prior to issuance of Building Permits, the applicant shall submit for staff approval, a lighting Plan for the home’s exterior and landscaped areas. Proposed exterior lighting shall be limited to full-cut off & shielded fixtures with downward directed illumination so as not to shine on adjacent properties or public right-of-way. All proposed exterior lighting shall be designed to limit illumination to the site and avoid creating glare impacts to surrounding properties. 9. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 10. Prior to issuance of Building Permits the applicant shall prepare for review and approval by City staff a Construction Management Plan for the project which includes but is not limited to the following: a. Proposed construction worker parking area. b. Proposed construction hours that are consistent with City Code. c. Proposed construction/delivery vehicle staging or parking areas. d. Proposed traffic control plan with traffic control measures, any street closure, hours for delivery/earth moving or hauling, etc. To the extent possible, any deliveries, earth moving or hauling activities will be scheduled to avoid peak commute hours. e. Proposed construction material staging/storage areas. f. Location of project construction sign outlining permitted construction work hours, name of project contractor and the contact information for both homeowner and contractor. 11. All fences, walls and hedges shall conform to height requirements provided in City Code Section 15-29. 44 5 12. The final landscaping and irrigation plan submitted for Building Permit approval shall demonstrate how the project complies with the State Water Efficient Landscape Ordinance and shall take into account the following: a. To the extent feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. b. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. c. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. d. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. e. Any proposed or required under grounding of utilities shall take into account potential damage to roots of protected trees 13. This Condition is Permanent: The owner shall record a deed restriction satisfactory to the Community Development Director restricting the rental of the accessory dwelling unit to only households that qualify as low, very-low, or extremely-low income households as those terms are defined in the most recent Santa Clara County Housing and Urban Development Program Income Limits. In the event that the most recent such report is more than five years old, the rental income limits of the accessory dwelling unit shall be in accordance with the definitions set forth in Health and Safety Code section 50079.5, 50105, and 50106 as those sections exist as of the effective date of this restriction. “Rental” means any agreement whereby the occupant(s) of the accessory dwelling unit make any payment in consideration of said occupancy. 14. Prior to building permit issuance, the applicant shall videotape the surface of the shared driveway that provides access from the site to San Marcos Road. A copy of the tape shall be retained by the Community Development Department. Any damage to the shared driveway caused by project related construction shall be repaired by the applicant prior to building permit final. ARBORIST 15. All requirements in the City Arborist Report dated August 24, 2017 are hereby adopted as conditions of approval and shall be implemented as part of the approved plans. PUBLIC WORKS 16. All existing utilities to existing home (Gas, Electric, Water, Sewer) shall be capped off prior to demolition of existing structures. Shown on plan all new utilities services to the new residence. All utilities to the new residence shall be installed underground. 17. Grading Permit is required for this project. Prior to the commencement of any earthwork/grading activities, the applicant / owner shall arrange a pre-construction meeting. The meeting shall include the City of Saratoga Grading Inspector, the grading contractor and the 45 6 project soils engineer. The applicant / owner shall arrange the pre- construction meeting at least 48 hours prior to the start of any earthwork/grading activities 18. Applicant / Owner shall maintain the streets, sidewalks and other public right of way in a clean, safe and usable condition. All spills of soil, rock or construction debris shall be removed from the public property. All adjacent property, both public and private, shall be maintained in a clean, safe and usable condition 19. All grading and earthwork activities shall conform to the approved plans and specifications. All grading and earthwork activities shall be observed and approved by the soils engineer. The soils engineer shall be notified at least 48 hours prior to any grading or earthwork activities. Unobserved or unapproved work shall be removed and replaced under observation of the project soil engineer. 20. Site Design Measures for Small Projects and Detached Single-Family Home Projects required all development projects, which create and /or replace greater or equal 2,500 square feet to 10,000 square feet of impervious surface, and detached single-family home projects, which create and or replace 2,500 square feet or more of impervious surface, to install one or more of the following site design measures: a) Direct roof runoff into cisterns or rain barrels for reuse b) Direct runoff onto vegetated areas c) Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. d) Direct runoff from driveways and/or uncovered parking lots onto vegetated areas. e) Construct sidewalks, walkways, and/or patios with permeable surfaces. 21. Construction Site Control  Provide straw wattle and silt fence on the perimeter of the property (See Public Works’ Redlined comments on C2)  Owner shall implement construction site inspection and control to prevent construction site discharges of pollutants into the storm drains per approved Erosion Control Plan.  The City requires the construction sites to maintain year-round effective erosion control, run-on and run-off control, sediment control, good site management, and non-storm water management through all phases of construction (including, but not limited to, site grading, building, and finishing of lots) until the site is fully stabilized by landscaping or the installation of permanent erosion control measures.  City will conduct inspections to determine compliance and determine the effectiveness of the BMPs in preventing the discharge of construction pollutants into the storm drain. Owner shall be required to timely correct all actual and potential discharges observed. 22. Prior to the Building Department final, all drainage, grading, and landscaping of the site shall be completed. 46 7 23. Prior to issuance of Zoning approval, the applicant shall submit a site plan and associated calculations for stormwater treatment measures in compliance with NPDES Permit No. CAS612008, November 19, 2015 Provision C.3.i. Required Site Design Measures for Small Projects and Detached Single-Family Home Projects. FIRE DEPARTMENT 24. The owner/applicant shall comply with all Fire Department requirements. BUILDING DEPARTMENT SUBMITTAL 25. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department. b. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. c. This signed and dated Resolution printed onto separate construction plan pages. d. The site plan shall contain a note with the following language: “Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks and elevations comply with the Approved Plans,” which note shall represent a condition which must be satisfied to remain in compliance with this Design Review Approval. 47 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REPORT Application No. ARB17-0021 Prepared by Kate Bear, City Arborist Site: 19411 San Marcos Road Phone: (408) 868-1276 Owner: Joanna Wang Email: kbear@saratoga.ca.us APN: 397-13-016 Email: jyw68@hotmail.com Report History: Final report Date: August 24, 2017 PROJECT SCOPE: The applicant has submitted plans to demolish the existing house and build a new single story house with a basement, a two car garage, two car ports, and a detached second unit. No trees are requested for removal to construct the project. STATUS: Approved by City Arborist, with attached conditions. PROJECT DATA IN BRIEF: Tree bond – Required - $114,645 Tree fencing – Required – See Conditions of Approval and attached map. Tree removals – No trees are requested or approved for removal. Replacement trees – Not required. ATTACHMENTS: 1 – Findings 2 – Tree Information 3 – Conditions of Approval 4 – Map Showing Tree Protection 1 Attachment 2 48 19411 San Marcos Road Attachment 1 FINDINGS: Tree Removals No trees are requested for removal to construct this project. New Construction Based on the information provided, and as conditioned, this project complies with the requirements for the setback of new construction from existing trees under Section 15- 50.120 of the City Code. Tree Preservation Plan Section 15-50.140 of the City Code requires a Tree Preservation Plan for this project. To satisfy this requirement the following shall be copied onto a plan sheet and included in the final sets of plans: 1) The recommendations in the submitted arborist report dated February 14, 2017 and addendum memos dated June 6 and July 30, 2017; And 2) The Project Data in Brief, the Conditions of Approval, and the map showing tree protection from this report dated August 24, 2017. 2 49 19411 San Marcos Road Attachment 2 TREE INFORMATION: Arborist Report reviewed: Preparer: Walter Levison, Consulting Arborist Dates of Reports: February 14, 2017, addendum memos dated June 6 and July 30, 2017 An arborist report was submitted for this project that inventoried 61 trees protected by Saratoga City Code. Information on the condition of each tree, potential impacts from construction, suitability for preservation, appraised values and tree protection recommendations was provided. Tables summarizing information about each tree follow. No trees protected by Saratoga City Code are requested for removal to construct this project. Table 1: List of trees from February 14, 2017 arborist report. 3 50 19411 San Marcos Road Attachment 2 Table 1 continued: List of trees from February 14, 2017 arborist report. 4 51 19411 San Marcos Road Attachment 2 Table 1 continued: List of trees from February 14, 2017 arborist report. 5 52 19411 San Marcos Road Attachment 2 Table 1 continued: List of trees from February 14, 2017 arborist report. 6 53 19411 San Marcos Road Attachment 2 Table 1 continued: List of trees from February 14, 2017 arborist report. 7 54 19411 San Marcos Road Attachment 2 Table 1 continued: List of trees from February 14, 2017 arborist report. 8 55 19411 San Marcos Road Attachment 2 Table 2: Appraised values of trees from February 14, 2017 arborist report. 9 56 19411 San Marcos Road Attachment 2 Table 2: Appraised values of trees from February 14, 2017 arborist report. 10 57 19411 San Marcos Road Attachment 2 Table 2: Appraised values of trees from February 14, 2017 arborist report. 11 58 19411 San Marcos Road Attachment 2 Table 2: Appraised values of trees from February 14, 2017 arborist report. 12 59 19411 San Marcos Road Attachment 2 Table 2: Appraised values of trees from February 14, 2017 arborist report. 13 60 19411 San Marcos Road Attachment 2 Table 2: Appraised values of trees from February 14, 2017 arborist report. 14 61 19411 San Marcos Road Attachment 2 Table 2: Appraised values of trees from February 14, 2017 arborist report. 15 62 19411 San Marcos Road Attachment 2 Table 2: Appraised values of trees from February 14, 2017 arborist report. 16 63 14911 San Marcos Road Attachment 3 CONDITIONS OF APPROVAL 1. It is the responsibility of the owner, architect and contractor to be familiar with the information in this report and implement the required conditions. 2. All recommendations in the arborist report dated February 8, 2017 and addendum memos dated June 6 and July 30, 2017 prepared by Walter Levison shall become conditions of approval. 3. The arborist report dated February 8, 2017 and addendum memos dated June 6 and July 30, 2017 shall be copied on to a plan sheet, titled “Tree Preservation” and included in the final job copy set of plans. 4. The Project Data in Brief, the Conditions of Approval, and the map showing tree protection from this report dated August 24, 2017 shall be copied onto a plan sheet and included in the final set of plans. 5. The designated Project Arborist shall be Walter Levison, unless otherwise approved by the City Arborist. 6. Tree Protection Security Deposit a. Is required per City Ordinance 15-50.080. b. Shall be $114, 645 for tree(s) 1 – 53, 55, 56, 57, 59, 61, 357, 359 and 361. c. Shall be obtained by the owner and filed with the Community Development Department before obtaining Building Division permits. d. May be in the form of cash, check, credit card payment or a bond. e. Shall remain in place for the duration of construction of the project. f. May be released once the project has been completed, inspected and approved by the City Arborist. 7. Tree Protection Fencing: a. Shall be installed as shown on the attached map. b. Shall be shown on the Site Plan. c. Shall be established prior to the arrival of construction equipment or materials on site. d. Shall be comprised of six-foot high chain link fencing mounted on eight-foot tall, 2-inch diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10 feet apart. e. Shall be posted with signs saying “TREE PROTECTION FENCE - DO NOT MOVE OR REMOVE WITHOUT APPROVAL FROM CITY ARBORIST, KATE BEAR (408) 868-1276”. f. Call City Arborist, Kate Bear at (408) 868-1276 for an inspection of tree protection fencing once it has been installed. This is required prior to obtaining building division permits. g. Tree protection fencing shall remain undisturbed throughout the construction until final inspection. 17 64 14911 San Marcos Road Attachment 3 8. If contractor feels that work must be done inside the fenced area, call Project Arborist to arrange a field meeting before performing work and arrange for him to monitor work inside tree protection zones. 9. The Project Arborist shall visit the site every two weeks during grading, trenching and excavation activities and every month weeks thereafter. Following visits to the site, the Project Arborist shall provide the City with a report including photos documenting the progress of the project and noting any tree issues. 10. The Project Arborist shall be on site to monitor all work within: a. 10 feet of trees 357, 359, 361 b. 15 feet of trees 1, 16, 17 c. 20 feet of tree 26, 27, 53 d. 40 feet of trees 28, 61 11. The Project Arborist shall supervise the preparation and installation of the new driveway. a. Hold a field meeting with the Project Arborist before work begins. b. Project Arborist shall be on site to monitor excavation and root cutting for new driveway. c. Excavation shall be 6 inches or less unless he permits otherwise. d. The use of biaxial or triaxial geogrid such as Tensar BX-1100 or equivalent shall be installed under the new driveway. 12. Project Arborist shall supervise creation of drainage swales that are inside of tree protection zones. a. Hold a meeting field with the Project Arborist before starting work. b. All work shall be performed by hand or with the use of hand tools rather than with a back hoe, tractor or excavator. c. Project Arborist shall be on site to monitor work. 13. No protected tree authorized for removal or encroachment pursuant to this project may be removed or encroached upon until the issuance of the applicable permit from the building division for the approved project. 14. Receipt of a Planning or Building permit does not relieve applicant of his responsibilities for protecting trees per City Code Article 15-50 on all construction work. 15. All construction activities shall be conducted outside tree protection fencing. These activities include, but are not necessarily limited to, the following: demolition, grading, trenching, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation and parking. 16. Trenching to install utilities is not permitted inside tree protection fencing. 17. Roots of protected trees measuring two inches in diameter or more shall not be cut without prior approval of the Project Arborist. Roots measuring less than two inches in diameter may be cut using a sharp pruning tool. 18 65 14911 San Marcos Road Attachment 3 18. Any permitted pruning or root pruning of trees on site shall be performed under the supervision of the Project Arborist and according to ISA standards. 19. No protected trees are requested or approved for removal as part of this project. 20. Trees permitted for removal shall be replaced on or off site according to good forestry practices, and shall provide equivalent value in terms of aesthetic and environmental quality, size, height, location, appearance and other significant beneficial characteristics of the removed trees. The value of the removed trees shall be calculated in accordance with the ISA Guide for Plant Appraisal. 21. Only drought tolerant plants that are compatible with oaks are permitted under the outer half of the canopy of oak trees on site. 22. Water loving plants and lawns are not permitted under oak tree canopies. 23. Should any tree be damaged beyond repair, new trees shall be required to replace the tree. If there is insufficient room to plant the necessary number of new trees, some of the value for trees may be paid into the City’s Tree Fund. Replacement values for new trees are listed below. 15 gallon = $350 24 inch box = $500 36 inch box = $1,500 48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000 24. Following completion of the work around trees, and before a final inspection of the project, the applicant shall provide a letter to the City from the Project Arborist. That letter shall document the work performed around trees, include photos of the work in progress, and provide information on the condition of the trees. 25. At the end of the project, when the contractor wants to remove tree protection fencing and have the tree protection security deposit released by the City, call City Arborist for a final inspection. 19 66 Attachment 4 Legend Tree Protection Fencing 19411 San Marcos Road 20 67 LC ENGINEERING Surveying, Civil and Structural Engineering 598 E Santa Clara St., Suite 270, San Jose, CA 95112 T(408) 806-7187 / F(408) 583-4006 October 31, 2017 Mrs. Joanna Wang 19411 San Marcos Rd Saratoga, CA 95070 Dear Mrs. Wang: RE: Story Pole Construction 19411 San Marcos Rd Saratoga, CA 95070 This letter is to confirm in writing that LC Engineering has surveyed the constructed story pole for the proposed house at 19411 San Marcos Rd, Saratoga, California. Based on the results of the survey, it is our opinion that the story pole conforms to the foot print of the proposed house and its highest roof ridge height as shown on the architectural plan sheet 3 is 115.05 feet. The surveyed ridge highest of the story pole is 115.15 feet. If you have any questions regarding this matter, please call me. Sincerely Yours, Ninh M. Le, PE Project Manager Attachment 3 68 CITY OF SARATOGA Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1222 NOTI CE OF PUBLI C HE ARI NG The City of Saratoga’s Planning Commission announces the following public hearing on: Wednesday, the 8th of November, 2017, at 7:00 p.m. The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. A site visit will also be held by the Planning Commission at the subject property. Please contact the Planning Department for the date and time of the site visit. The public hearing agenda item is stated below. Details of this item are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. – 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding Friday office closures. APPLICATION: PDR17-0008, ARB17-0021 ADDRESS: 19411 San Marcos Road APPLICANT/OWNER: Tri Hong / Joanna Wang APN: 397-13-016 DESCRIPTION: Application PDR17-0008, ARB17-0021; 19411 San Marcos Road (397-13- 016); Joanna Wang / Tri Hong. - The applicant is requesting Design Review approval to construct an approximately 6,363 square foot one story single-family home and a 556 square foot detached accessory dwelling unit. The height of the project will not exceed 18 feet. No trees are proposed for removal. The net lot size area is 55,081 square feet and is zoned R-1-40,000. Contact: Christopher Riordan (408) 868-1235 or criordan@saratoga.ca.us. All interested persons may appear and be heard at the above time and place. In order for information to be included in the Planning Commission’s information packets, written communications should be filed on or before Monday, November 6, 2017. 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. Christopher Alan Riordan, AICP Senior Planner (408) 868-1235 Attachment 4 69 CITY OF SARATOGA Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1222 This notice was mailed to all property owners within 500 feet of the project site as illustrated on the below map Project Site 70 71 72 73 74 75 76 77 78 79 80 81 82 83 SAN MARCOS ROAD (PRIVATE)· · ­ 84 SAN MARCOS ROAD (PRIVATE)85 86 SAN MARCOS ROAD (PRIVATE)SAN MARCOS ROAD (PRIVATE)87 88