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Home My WebLink About05-09-18 Planning Commission Agenda PacketSaratoga Planning Commission Agenda – Page 1 of 3 SARATOGA PLANNING COMMISSION REGULAR MEETING MAY 9, 2018 7:00 P.M. - 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 April 25, 2018. Recommended Action: Approve Minutes of April 25, 2018 meeting. 042518 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 1.1. Proposed Capital Improvement Projects (CIP) for FY 2018/2019. Recommended Action: Staff recommends the Commission adopt the attached Resolution #18-006 finding the proposed CIP projects conform to the general plan. Staff Report CIP 2018-19 Attachment 1 Resolution CIP 18-19 Attachment 2 Project Summaries 18-19 Attachment 3 GP conformance CIP18-19 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, Saratoga Planning Commission Agenda – Page 2 of 3 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 PDR17-0015/ARB17-0022/ARB17-0037; 20142 Williamsburg Lane (APN 386-390-024); Lands of Stetak. The applicant requests Design Review approval to construct a new one-story single-family residence with a maximum height 19.29’. No protected trees are requested for removal. The site is zoned R-1-12,500 and is 12,600 gross square feet in size. Staff Contact: Christopher Riordan (408) 868-1235 or criordan@saratoga.ca.us Recommended Action: Adopt Resolution No.18-006 approving the project subject to conditions of approval included in Attachment 1. Williamsburg Lane Staff Report - Final Attachment 1 Resolution 18-006 Attachment 2 - Arborist Report Attachment 3 - Story Pole Certification Letter Attachment 4 - Development Plans 2.2. Application PDR17-0023/ARB17-0061; 19891 Robin Way (APN 510-01-036); Lands of Salek. The applicant requests Design Review approval to construct a new one- story single-family residence with a maximum height of 23’-3 1/4”. Two trees are proposed for removal which includes a 15” Magnolia and a 17” Mayten. The site is zoned R-1-20,000 and is 33,350 gross square feet in size. Staff Contact: Christopher Riordan (408) 868-1235 or criordan@saratoga.ca.us Recommended Action: Adopt Resolution No.18-007 approving the project subject to conditions of approval included in Attachment 1. Robin Way Staff Report - Final Attachment 1 Resolution 18-007 Attachment 2 - Arborist Report Attachment 3 - Story Pole Certification Letter Attachment 4 - Neighbor Comments Attachment 5 - Development Plans 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 May 3, 2018 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. Saratoga Planning Commission Agenda – Page 3 of 3 Signed this 3rd day of May 2018 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 3 SARATOGA PLANNING COMMISSION REGULAR MEETING ACTION MINUTES APRIL 25, 2018 7:00 P.M. - PLANNING COMMISSION REGULAR MEETING Joan Pisani Community Center, Multipurpose Room | 19655 Allendale Avenue, Saratoga CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: Chair Joyce Hlava, Vice Chair Kookie Fitzsimmons, Commissioners Sunil Ahuja, Razi Mohiuddin, Len Almalech, Tina Walia, Lucas Pastuszka ABSENT: None ALSO PRESENT: Debbie Pedro, Community Development Director APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of April 25, 2018. Recommended Action: Approve Minutes of April 25, 2018 regular meeting. FITZSIMMONS/WALIA MOVED TO APPROVE THE MINUTES AS AMENDED FOR THE REGULAR PLANNING COMMISSION MEETING OF APRIL 25, 2018. MOTION PASSED. AYES: WALIA, HLAVA, AHUJA, FITZSIMMONS, MOHIUDDIN ALMALECH, PASTUSZKA. NOES: NONE. ABSENT: NONE. 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 4 Saratoga Planning Commission Agenda – Page 2 of 3 1.1 Discussion of Planning Commission meeting calendar for proposed summer and holiday breaks. Recommended Action: Discussion and approval of tentative cancellations on 2018 meeting calendar. ALMALECH MOTIONED TO CANCEL 8/8/18, 8/22/18, AND 12/26/18. MOTION FAILED DUE TO LACK OF SECOND. FITZSIMMONS/HLAVA MOVED TO APPROVE THE 2018 MEETING CALENDAR APPROVING PROPOSED CANCELLATIONS; 7/25/18, 8/8/18, AND 12/26/18. MOTION PASSED. AYES: WALIA, HLAVA, AHUJA, FITZSIMMONS, MOHIUDDIN ALMALECH, PASTUSZKA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 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. Planning Commission Ex Parte Contacts Policy Disclosure 2.1. Accessory Dwelling Units Ordinance Update Changes to the Accessory Dwelling Unit (ADU) Ordinance Article 15-56 pursuant to 2017 State Legislation. Staff contact: Debbie Pedro (408) 868-1231 dpedro@saratoga.ca.us. Recommended Action: Approve Resolution No.18-005 recommending that the City Council adopt the proposed ordinance amending Chapter 15 (Zoning Regulations) of the Saratoga Municipal Code related to Accessory Dwelling Units. WALIA/PASTUSZKA MOVED TO APPROVE AS AMENDED. MOTION PASSED. AYES: WALIA, HLAVA, AHUJA, ALMALECH, FITZSIMMONS, MOHIUDDIN, PASTUSZKA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. DIRECTOR ITEMS None. COMMISSION ITEMS Vice Chair Fitzsimmons spoke of Saratoga Rotary Art Show coming Saturday/Sunday May 5th and 6th 10:00 AM to 5:00 PM on the lawn at West Valley College. 5 Saratoga Planning Commission Agenda – Page 3 of 3 Chair Hlava announced and invited all to the State of the City Address Saturday, April 29th from 2:00 to 4:00 at City Hall. Also mentioned Saratoga Historical Museum is hosting a fundraiser at Dr. Head’s Estate atop Pike Road, Old Grand View Ranch on Saturday May 19th. ADJOURNMENT Meeting adjourned at 9:05 PM. Minutes respectfully submitted: Janet Costa, Administrative Assistant City of Saratoga 6 REPORT TO THE PLANNING COMMISSION Meeting Date: May 9, 2018 Application: Finding of General Plan Consistency FY 2018-2019 Capital Improvement Program (CIP) Location / APN: Citywide Owner / Applicant: City of Saratoga From: John Cherbone, Public Works Director Debbie Pedro, Community Development Director STAFF RECOMMENDATION Adopt Resolution 18-008 finding the CIP projects proposed for Fiscal Year 18-19 conform to the Saratoga General Plan. PROJECT DESCRIPTION Nine (9) new capital projects are proposed in the upcoming Fiscal Year 2018-2019. The Capital Improvement Program (CIP) project summaries are included in Attachment 2. California Government Code Section 65401 states that the local planning agency should report on the conformity of the CIP with the agency’s General Plan. However, not all projects have a relationship to a policy in the General Plan such as maintenance work and building remodels. Staff reviewed the proposed projects and found that they all follow the City’s General Plan policies therefore a conformity finding can be supported. A spreadsheet listing each project and citing the corresponding General Plan goals, policies, and actions, can be found in Attachment 3. The environmental determination will be addressed project by project. ATTACHMENTS 1. Resolution 18-008 2. FY 18-19 CIP Project Summaries 3. CIP General Plan Conformity (Exhibit A) 7 RESOLUTION NO. 18-008 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION DETERMINING THAT THE NEW FY 18-19 CIP PROJECTS CONFORM TO THE GENERAL PLAN WHEREAS, California Government Section 65401 requires the local planning agency to report on the conformity of proposed public works with the adopted General Plan; and WHEREAS, the Planning Commission reviewed and considered the materials submitted by the Public Works Director which include a listing of each capitol project and the corresponding General Plan Goal and Policy, attached as Exhibit A. NOW THEREFORE, the Planning Commission of the City of Saratoga does hereby find that the new Capital Improvement Program projects conform to the Goals and Policies of the City of Saratoga General Plan in that the various improvement projects implement the programs and objectives outlined in the various General Plan Elements. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, on May 9, 2018, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Joyce Hlava Chair, Planning Commission Attachment 1 8 CITY OF SARATOGA CAPITAL PROGRAM – FUNDED NEW PROJECTS 1 FUNDED NEW CIP PROJECT NARRATIVES Attachment 2 9 CITY OF SARATOGA CAPITAL PROGRAM – FUNDED NEW PROJECTS 2 Project Title Request Funding Request 1 Fruitvale Avenue & Allendale Avenue Intersection Improvements This project would fund improvements to the intersection of Fruitvale and Allendale Avenues. 250,000 250,000$ 2 Quarry Park Walkway Clearing This project would clear the walkway around the pond at Quarry Park 50,000 3 Park & Trail SafetyImprovements This project would add fencing and lighting in several City parks. 43,000 4 Quito/Pollard Roads Open Space Improvements This project would fund improvements to the open space area located at the corner of Quito and Pollard Roads. 75,000 168,000$ 5 Bocce Ball Court This project will fund the installation of a bocce ball court at City Hall in conjunction with funds raised by the Senior Center 48,000 6 Senior Center Entrance Remodel This project would renovate the exterior entrance and walkways into the Saratoga Senior Center. 50,000 7 Community Development Lobby Remodel This project would fund a remodel of the Community Development Lobby area 150,000 8 Community Center Stage Renovation This project would renovate the stage located in the Community Center's Multi- Purpose Room, improvements to incorporate ADA access 90,000 338,000$ 9 Accessibility Assessment This project would assess compliance with accessibility requirements for City parking areas and traffic signals. 75,000 75,000$ 831,000$ TOTALS FACILITY IMPROVEMENT PROJECTS TOTAL FACILITY NOMINATED PROJECTS ADMINISTRATIVE PROJECTS TOTAL ADMINISTRATIVE NOMINATED PROJECTS FUNDED CIP PROJECT LIST FY 2018/19 STREET IMPROVEMENT PROJECTS TOTAL STREETS NOMINATED FUNDING REQUESTS PARK & TRAIL IMPROVEMENT PROJECTS TOTAL PARKS AND TRAILS NOMINATED PROJECTS 10 CITY OF SARATOGA CAPITAL PROGRAM – FUNDED NEW PROJECTS 3 STREET IMPROVEMENT PROJECTS Project Name Fruitvale Avenue & Allendale Avenue Intersection Improvements Project Number 9122-010 Department Public Works Project Manager John Cherbone Description This project would make improvements to the intersections at Fruitvale Avenue and Allendale Avenue. Location This project is located at the intersections of Fruitvale Avenue and Allendale Avenue. Project Background Fruitvale Avenue is one of several major collector streets within the City carrying high volumes of vehicle traffic. The intersection Fruitvale Avenue and Allendale Avenue serve s as the primary access to West Valley College, Redwood Middle School, the Post Office, Saratoga City Hall. As a result, the intersection becomes congested with pedestrian and vehicle traffic on weekdays during school drop off and pick up times. This project would remove the right-turn slip lane at the intersection. Right-turn slip lanes have a small island between the intersection and the right turn lane. While these lanes are typically installed to allow vehicles to make right turns without entering the intersection and to increase traffic flow, they can also make crossing the street more challenging for pedestrians. It is particularly problematic in areas near schools were students may congregate on the right-turn slip area. Removing the right-turn slip lanes is expected to increase pedestrian visibility and slow vehicle speeds. Eliminating the right -turn slip lanes could also require removal and replacement of the traffic signals at the intersection. Operating Budget Impacts Engineering, administrative, and maintenance staff costs for oversight and implementation will be incorporated into the operating budget. Estimated Cost $250,000 11 CITY OF SARATOGA CAPITAL PROGRAM – FUNDED NEW PROJECTS 4 PARK & TRAIL IMPROVEMENT PROJECTS Project Name Quarry Park Walkway Clearing Project Number 9226-004 Department Public Works Project Manager John Cherbone Description This project would clear a walkway around the pond at Quarry Park. Location This project is located at Quarry Park. Project Background This project will create a trail around the perimeter of Quarry Park pond by clearing overgrown brush and vegetation. Operating Budget Impacts Engineering, administrative, and maintenance staff costs for oversight and implementation will be incorporated into the operating budget. This project may have operational impacts as the path may require ongoing maintenance. Estimated Cost $50,000 12 CITY OF SARATOGA CAPITAL PROGRAM – FUNDED NEW PROJECTS 5 PARK & TRAIL IMPROVEMENTS PROJECTS Project Name Park & Trail Safety Improvements Project Number 9211-010 Department Public Works Project Manager John Cherbone Description This project would make improvements at several City parks and at Parker Ranch Trail. Location This project will be located at Brookglen Park, Foothill Park, Azule Park, Congress Springs Park, and Parker Ranch Trail. Project Background This project would add new security lighting at Azule Park, new fences at Brookglen Park, Foothill Park, and Congress Springs Park, and a new set of stairs and bollards at Parker Ranch Trail. Solar powered lighting at Azule Park would be located near the playground. The lighting is intended to discourage after hours loitering in the park. The new fencing will be strategically located to provide additional security at each of the parks by creating barriers between the park users and vehicle traffic. The fences provide a physical barrier that prevent children or objects from entering roa dway that border the parks. Proposed fences include split- rail fencing at the front of Brookglen and Foothill Parks and a 3 to 4 foot black chain -link fence at Congress Springs Park near the baseball warm-up area. Additionally, the project would include installation of a new stairway and bollards at Parker Ranch in a section where the trail grade has become very steep due to water erosion and high use. Improvements will make the trail easier and safer for hikers to use. Operating Budget Impacts Engineering, administrative, and maintenance staff costs for oversight and implementation will be incorporated into the operating budget. This project may have operational impacts as fencing and lighting may require ongoing maintenance, but may also reduce damage to turf resulting from vehicles driving through parks. Estimated Cost $43,000 13 CITY OF SARATOGA CAPITAL PROGRAM – FUNDED NEW PROJECTS 6 PARK & TRAIL IMPROVEMENT PROJECTS Project Name Quito Road/Pollard Road Open Space Improvements Project Number 9219-002 Department Public Works Project Manager John Cherbone Description This project would make improvements to the open space area at the corner of Quito Road and Pollard Road. Location This project will be located at Quito Road and Pollard Road. Project Background This project would make improvements to the open space area at the corner of Quito Road and Pollard Road, locally referred to as No Name Park. The property is an excess right -of-way area owned by the City and is roughly a half acre in size. The project would include beautification, a meditation garden, landscaping improvements with drought tolerant and/or native species, pathway enhancements, and irrigation. With the improvements, the area would also be officially designated as a park. This project was nominated by Mayor Mary-Lynne Bernald with support from Vice Mayor Manny Cappello. Operating Budget Impacts Engineering, administrative, and maintenance staff costs for oversight and implementation will be incorporated into the operating budget. This project may have operational impacts that may require ongoing maintenance. Estimated Cost $75,000 14 CITY OF SARATOGA CAPITAL PROGRAM – FUNDED NEW PROJECTS 7 FACILITY IMPROVEMENT PROJECTS Project Name Bocce Ball Court Project Number Department Public Works Project Manager John Cherbone Description This project would fund the installation of a bocce ball court at City Hall. Location This project is located in the patio area behind the Community Center. Project Background This project would install two bocce ball courts in the patio area behind the Community Center. This project is being nominated by the Public Works department based upon a recommendation from several America in Bloom volunteers as an opportunity for a community beautification project. Due to drought conditions, the lawn area i n front of City Hall has received limited watering and much of the grass is now dead and brown during dryer months. The estimated cost for the project is $70,000 with $22,000 being raised by t he Senior Center and a $48,000 contribution from the City in support of this project. Operating Budget Impacts Engineering, administrative, and maintenance staff time associated with oversight and implementation of this project will be incorporated into the operating budget. The project may increase maintenance costs as the City will be responsible for maintaining additional landscaping, However, the Bocce Ball court will reduce the amount of turf area in front of City Hall, therby reducing lawn maintenance and watering costs. Estimated Cost $70,000. 15 CITY OF SARATOGA CAPITAL PROGRAM – FUNDED NEW PROJECTS 8 FACILITY IMPROVEMENT PROJECTS Project Name Senior Center Entrance Remodel Project Number Department Public Works Project Manager Thomas Scott Description This project would renovate the exterior entrance and walkways to the Saratoga Senior Center. Location This project is located at the Saratoga Senior Center. Project Background The Saratoga Senior Center, operated by the Saratoga Area Senior Coordinating Council (SASCC), is attached to the Joan Pisani Community Center. SASCC leases the Senior Center space and provides services to older adults in the community via contract with the City. The Senior Center offers a variety of classes and programs that keep the City’s older adults active, social, and happy. Additionally, SASCC operates the Adult Care Center that serves less independent older adults. The Adult Care Center is open to individuals who are 50 years or older, need assistance with activities of daily living, and are not able to participate in other active senior programs. The Senior Center has two dedicated entrances, one that brings visitors to the Senior Center Lobby and another to the Adult Care Center. Currently, the entrances to the Senior Center include two ramps and sparse landscaping. This project would contribute to the remodel of the entrance, which could include façade improvements, landscaping changes, new signage, or walkway enhancements. Operating Budget Impacts Engineering, administrative, and maintenance staff costs for oversight and implementation is incorporated into the operating budget. This project may have operational impacts to maintain updated landscaping. Estimated Cost $50,000 16 CITY OF SARATOGA CAPITAL PROGRAM – FUNDED NEW PROJECTS 9 FACILITY IMPROVEMENT PROJECTS Project Name Community Development Lobby Remodel Project Number Department Community Development Project Manager Thomas Scott Description Engineering & Community Development One Stop Permit Center Lobby Remodel Location Engineering and Community Development Offices, Saratoga City Hall, at 13777 Fruitvale Avenue. Project Background The current lobby design is set up with several counter destinations to allow for planning, building, engineering, and cashier functions: Currently, when a customer walks into the lobby, they either identify the lobby counter area they want and proceed toward the staff manning the counter for acknowledgement and assistance, or staff acknowledges the customer and directs them to the correct counter, informing them that they will be helped in order. The planning counter also utilizes a sign in sheet to help regulate customer assistance order. There are chairs in the lobby for customers as they wait. After staff assists a customer, the customer may need to proceed to another counter or cashier location. Then the waiting queue in the new area begins. The customer may then need to return to the prior counter. While staff prioritizes the customer when they return for -assistance, there may still be a slight time delay to finalize their visit. The proposed new One Stop Permit Center configuration will create a centralized reception area where customers will be greeted by a staff person who will help them to determine their needs. Once needs are determined, customers will sit at individual ergonomic desk/counters, with the appropriate staff member based on their particular project or inquiry. The desk/counters reconfiguration would address ADA compliance requirements and could also include space for future installation of self-help kiosks to access electronic public information. The lobby re-design into a One-Stop Permit Center would require the elimination of the current counters, structural remodeling of the lobby area, and purchasing of additional service desks, fixtures, ergonomic furniture and perhaps computer systems. Operating Budget Impacts Staff time associated with oversight of this project will be incorporated into the operating budget. Estimated Cost $150,000. 17 CITY OF SARATOGA CAPITAL PROGRAM – FUNDED NEW PROJECTS 10 FACILITY IMPROVEMENT PROJECTS Project Name Community Center - MPR Stage Renovation Project Number Department Recreation & Facilities Project Manager Thomas Scott Description Renovate the Community Center’s Multi-Purpose Room stage Location Multi-Purpose Room in the Joan Pisani Community Center at 19655 Allendale Avenue. Project Background The current stage is approximately 20 feet by 50 feet, and about 28 inches high with a flat drop -off front. The Multi-Purpose room and stage is used on a consistent basis for exercise classes, band concerts, weddings, presentation/ award ceremonies, meetings, and similar activities. Storage closets on the sides of the stage are used for supplies and equipment by the ongoing Rotary Club and exercise class room rental organizations. The stage is accessed on the side by steps which are narrow and not in conformity with current code for stair tread and rise requirements. Stage access is a concern as there have been at least two falls recently which are attributable to the challenging configurement of the stairs. Additionally, the lack of a ramp prevents stage access for wheelchair bound or mobile -challenged attendees. This project was developed for the installation of proper steps along the entire fron t of the stage, to create a safe and broadly accessible stairway, and to install a ramp on one side of the stage for ADA access. The adjoining storage units will need to be relocated and rebuilt to accommodate the ramp. The other back stairway access will be rebuilt to code. It is anticipated the stage itself may only need new flooring, that the structural elements will be salvageable. Operating Budget Impacts Staff time associated with oversight of the project will be incorporated into the operating budget. Estimated Cost $90,000. 18 CITY OF SARATOGA CAPITAL PROGRAM – FUNDED NEW PROJECTS 11 ADMINISTRATIVE & TECHNOLOGY PROJECTS Project Name Accessibility Assessment Project Number Department Public Works Project Manager John Cherbone Description This project would assess compliance with accessibility requirements for City parking areas and traffic signals. Location This is a Citywide project. Project Background There are a number of regulations that help ensure people with disabilities can access buildings, parks, parking, and other facilities. For example, there are specifications establishing minimum ratios of accessible parking spaces in parking lots and requirements for minimum width for parking spaces and access aisle to provide individuals in wheelchairs or with mobility limitations with sufficient room to exit or enter vehicles. This project would assess the City’s compliance with accessibility requirements across City parking lots, including those owned or leased by the City, and traffic signals. Additionally, the project would outline implementation strategies to bring the City into compliance with accessibility requirements, if necessary. If this project receives funding, staff recommends closing the ADA Signals and Curb Cut -Outs project so that priories can be assessed before allocation of resources. This project was nominated by Council Member Howard Miller with support from Vice Mayo r Manny Cappello at the September 20, 2017 Regular City Council Meeting. Operating Budget Impacts Engineering, administrative, and maintenance staff costs for oversight and implementation is incorporated into the operating budget. This project may have operational impacts or future capital improvement budget impacts as the assessment may recommend various improvements. Estimated Cost $75,000 19 Exhibit "A" Capital Improvement Plan F.Y. 18/19 Update - New Project List NEW CIP PROJECTS LAND USE ELEMENT OPEN SPACE ELEMENT CIRCULATION ELEMENT NOTES STREET PROJECTS GOAL POLICY ACTION GOAL POLICY ACTION GOAL POLICY ACTION Fruitvale/Allendale Intersection Improvments 1a, 1b, 5a 1.3, 5.5 2.1, 5.10 PARK & TRAIL PROJECTS Quarry Park Walkway Clearing 1a, 1b, 5a, 5b 1.1, 1.3, 5.5 2.1, 5.10 Park & Trail Safety Improvements 1, 3 5a 5.14 Quito/Pollard Roads Opens Space Improvements 1, 3 3.1, 3.3 1a 1b, 5a, 5b 1.3, 5.5 2.1 FACILITY PROJECTS Bocce Ball Court 1, 3 1.2 Senior Center Entrance Remodel No General Plan Element Identified Community Development Lobby Remodel No General Plan Element Identified Community Center Stage Renovation No General Plan Element Identified ADMINISTRATIVE PROJECTS Accessibility Assessment 1a, 1b, 5a, 5b 1.3, 5.5 5.10 GENERAL PLAN CONFORMITY Attachment 3 20 REPORT TO THE PLANNING COMMISSION 20142 Williamsburg Lane Meeting Date: May 9, 2018 Application: PDR17-0022/ARB17-0037 Address/APN: 20142 Williamsburg Lane (386-39-024) Property Owner: Robert Stetak From: Debbie Pedro, Community Development Director Report Prepared By: Christopher Riordan, AICP 21 Report to the Planning Commission 20142 Williamsburg Lane – Application # PDR17-0022/ARB17-0037 May 9, 2018 Page | 2 PROJECT DESCRIPTION The applicant is proposing a new 4,029 square foot single story residence with and an attached accessory dwelling unit (ADU). No protected trees are proposed for removal. STAFF RECOMMENDATION Adopt Resolution No.18-006 approving the project subject to conditions of approval included in Attachment 1. Pursuant to City Code Section 15-45.060 (a)(3), Design Review Approval by the Planning Commission is required because the proposed residence would exceed a height of 18 feet. PROJECT DATA Gross/Net Site Area: 12,600 square feet (0.29 acres) Average Site Slope: Level Site General Plan Designation: M-12.5 (Medium Density Residential) Zoning: R-1-12,500 Proposed Allowed/Required Proposed Site Coverage Residence Decks/driveway/patios/walks Total Proposed (structures) 3,977 sq. ft. 1,335 sq. ft. 5,312 sq. ft. (42%) 7,623 sq. ft.* (55%) Floor Area House Garage Total Floor Area 3,273 sq. ft. 756 sq. ft. 4,029 sq. ft. 4,081 sq. ft.* Height 19.29’ 26’ Setbacks Front: Left Side Right Side: Rear: 25’-2” 10’-0” 12’7” 33’-10” 25’ 10’ 10’ 25’ *Includes a one-time 10% site coverage and floor area bonus for the deed restricted ADU pursuant to City Code Section 15-56.030 (3) SITE CHARACTERISTICS AND PROJECT DESCRIPTION Site Description The project site is located at 20142 Williamsburg Lane near its intersection with Fredericksburg Drive. A 3,368 square foot one story ranch style single-family home, constructed circa 1967, is located on site. The home has an attached three car garage facing the street which is a common architectural element in the neighborhood. The existing home would be removed. Adjacent uses on both sides, to the rear, and across the street are one-story single family residences. Twelve protected trees are located on site which includes Japanese maple, Grecian Laurel, and Juniper. 22 Report to the Planning Commission 20142 Williamsburg Lane – Application # PDR17-0022/ARB17-0037 May 9, 2018 Page | 3 Project Description The project would include the construction of a new 4,029 square feet, approximately 19 feet tall, one-story single family residence with an attached two car garage. The accessory dwelling unit (ADU) would be located in the rear left corner of the building footprint. The ADU would have access from both the interior and the exterior of the residence. No trees are proposed for removal. Architecture/Design The project would have a contemporary architectural style and has been designed to fit the constraints of the site. The building footprint is rectangular in shape and occupies the majority of the building envelope. The side gable standing seam metal roof would have a simple form with a single ridge spanning the width of the structure. This roof which slopes toward the center of the building is a common roof design of nearby adjacent homes. The project would have contrasting exterior finishes and textures which would include vertical wood siding on the front elevation and stucco on the other elevations. A stone entry element would be located to the right of the front door. The front porch area would be enclosed by a wood fence to provide privacy and the roof of the front porch would be made of glass to maximize natural light. The variety of exterior materials, varying heights of the architectural features and the wide building footprint provide architectural articulation to break up the mass of the home. The applicant has provided a color and materials board that will be available for review at the site visit and during the public hearing. Below is a list of the proposed exterior materials. Detail Colors and Materials Siding Vertical Hardie Board (taupe) Stucco Smooth Texture (grey) Windows Aluminum clad (match exterior color) Doors Wood (white oak) Roof Standing seam metal (dark grey) Trees No protected trees are proposed for removal. All protected trees in the vicinity of the project would be protected prior to building permit issuance and throughout the duration of the project. Tree protection fencing is required to be installed prior to the issuance of building permits. Details of the arborist’s findings and descriptions of the trees to be preserved are included in the Arborist Report (Attachment 2). FINDINGS The findings required for issuance of a Design Review Approval pursuant to City Code Section Article 15-45.080 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: a. Site development follows the natural contours of the site, minimizes grading, and is appropriate given the property’s natural constraints. 23 Report to the Planning Commission 20142 Williamsburg Lane – Application # PDR17-0022/ARB17-0037 May 9, 2018 Page | 4 This finding can be made in the affirmative in that the project minimizes changes to the contours of the site. Grading will be limited to contouring the site to direct water to landscaped areas. Grading is also reduced as the new structure will be located in the same location as the existing structure with no change in the finished floor elevation. b. 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 no protected trees are proposed for removal. c. 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 project is a single story so there will be no elevated decks or balconies to impact the privacy of adjoining properties. The finished floor of the new structure would be the same elevation as the existing structure and because the proposed home would be located in approximately the same location as the existing home there should not be an increase of views into adjacent properties. No community view sheds are located in the vicinity of the project. d. The overall mass and 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 single story residence is similar to the surrounding residences in the neighborhood. e. 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 proposed is minimal (existing driveway and walkway to the front door). The existing trees in the front yard will be incorporated into the new landscape design. More than 50% of the front setback area will be landscaped with drought resistant plants. f. 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 proposed structure has large setbacks from buildings on adjacent properties and because the structure is limited to a night of 24 Report to the Planning Commission 20142 Williamsburg Lane – Application # PDR17-0022/ARB17-0037 May 9, 2018 Page | 5 approximately 19 feet, the structure would not unreasonably impair the utilization of solar energy. g. 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 can be made in the affirmative because the proposed project incorporates applicable design policies and techniques from the Residential Design Handbook. The overall mass and height of the structure are in scale with the neighborhood; the structure is set back in proportion to the size and shape of the lot; site development follows contours and is appropriate given the property’s natural constraints. In addition, the proposed materials, colors, and details enhance the architecture in a well-composed, understated manner. h. 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 considered a hillside lot. Neighbor Notification and Correspondence A public notice was sent to property owners within 500 feet of the site. In addition, the public hearing notice and description of the project was published in the Saratoga News. The applicant provided seven completed Neighbor Notification Forms. No neighbors expressed concerns with the project. ENVIRONMENTAL DETERMINATION The project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, “New Construction or Conversion of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction of three single-family residences in a residential area. The project, as proposed, is for the construction of a new residence in a suburban, residential area. ATTACHMENTS: 1. Resolution of Approval No. 18-006 2. Arborist Report dated October 25, 2017. 3. Story Pole Certification dated April 14, 2018 4. Development Plans (received April 12, 2018) 25 RESOLUTION NO: 18-006 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING DESIGN REVIEW PDR17-0022 AND ARBORIST REPORT ARB17-0024 20142 WILLIAMSBURG LANE (386-39-024) WHEREAS, on May 11, 2017 an application was submitted by Robert Stetak requesting Design Review approval to construct a new 4,029 square foot single-story residence with an attached accessory dwelling unit and associated site improvements located 20142 Williamsburg Lane (APN 386-39-024). The height of the proposed residence is approximately 19 feet. No protected trees are proposed for removal. The site is located within the R-1-12,500 Zoning District. 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 Categorically Exempt. WHEREAS, on May 9, 2018 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 Environmental Quality Act (CEQA) pursuant Section 15303, “New Construction or Conversion of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction of one single-family residence in a residential area. 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; 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. The overall mass and height of the structure are in scale with the neighborhood; the structure is set back in proportion to the size and shape of the lot; site development follows contours and is appropriate given the property’s natural constraints; the porch and entry are in scale with other structures in the neighborhood. In addition, the proposed materials, colors, and details enhance the architecture in a well-composed, understated manner. Attachment 1 26 Lands of Stetak 20142 Williamsburg LaneApplication #PDR17-0022/ARB17-0037 Resolution #18-006 Page | 2 Section 5: The City of Saratoga Planning Commission hereby approves PDR17-0022 and ARB17-0037 located at 20142 Williamsburg Lane (APN 386-39-024), 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 9th day of May 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 27 Lands of Stetak 20142 Williamsburg LaneApplication #PDR17-0022/ARB17-0037 Resolution #18-006 Page | 3 Exhibit 1 CONDITIONS OF APPROVAL PDR17-0022 & ARB17-0024 20142 WILLIAMSBURG LANE (APN 386-39-024) 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. 28 Lands of Stetak 20142 Williamsburg LaneApplication #PDR17-0022/ARB17-0037 Resolution #18-006 Page | 4 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. COMMUNITY DEVELOPMENT 5. 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. 6. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans date stamped April 10, 2018. 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 City Code. 7. 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. 8. 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. 9. 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. 29 Lands of Stetak 20142 Williamsburg LaneApplication #PDR17-0022/ARB17-0037 Resolution #18-006 Page | 5 10. All fences, walls and hedges shall conform to height requirements provided in City Code Section 15-29. 11. 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 12. A locking mailbox approved for use by the US Postal service shall be installed and in compliance with Saratoga Municipal Code section 6-25.030. The mailbox shall be installed prior to final inspection. 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. FIRE DEPARTMENT 14. The owner/applicant shall comply with all Fire Department requirements. ARBORIST 15. All requirements in the City Arborist Report dated October 24, 2017 are hereby adopted as conditions of approval and shall be implemented as part of the approved plans. 30 Lands of Stetak 20142 Williamsburg LaneApplication #PDR17-0022/ARB17-0037 Resolution #18-006 Page | 6 PUBLIC WORKS 16. Applicant / Owner shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement including all new utilities prior to commencement of the work to implement this Design Review. 17. Applicant / Owner shall remove and replace existing driveway, approach, dip and settled asphalt with a new one conforming to existing adjoining grade. See City of Saratoga Standard details for removal and new installation. 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. Construction Site Control  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. 20. Prior to the Building Department final, all drainage, grading, and landscaping of the site shall be completed. BUILDING DEPARTMENT SUBMITTAL 21. 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. Arborist Report, dated October 25, 2017 printed onto a separate plan page. c. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. d. This signed and dated Resolution printed onto separate construction plan pages. 31 Lands of Stetak 20142 Williamsburg LaneApplication #PDR17-0022/ARB17-0037 Resolution #18-006 Page | 7 e. 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 comply with the Approved Plans,” which note shall represent a condition which must be satisfied to remain in compliance with this Design Review Approval. 32 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REPORT Application No. ARB17-0037 Prepared by Kate Bear, City Arborist Site: 20142 Williamsburg Lane Phone: (408) 868-1276 Owner: Robert Stetak Email: kbear@saratoga.ca.us APN: 386-39-024 Email:rstetak@sbcglobal.net Report History: Final report Date:October 25, 2017 PROJECT SCOPE: The applicant has submitted plans to add on to the existing house remodel the interior. 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 - $3,025 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 and Tree Information 2 – Conditions of Approval 3 – Map Showing Tree Protection 1 Attachment 2 33 20142 Williamsburg Lane Attachment 1 FINDINGS: Tree Removals - No trees are requested for removal to construct the 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 submitted arborist report dated May 16,2017; and 2) This report dated October 25, 2017. TREE INFORMATION: Arborist Report reviewed: Preparer: Michael Bench, Consulting Arborist Date of Report: May16, 2017 An arborist report was submitted for this project that inventoried 13 trees, six of which are 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. A table summarizing information about each tree is below. Trees 3, 4, 5, 8, 9, 12 and 13 are not protected by City Code and may be removed at any time without a permit. Table 1: List of protected trees and appraised values from May 16, 2017 arborist report. Tree No. Species Trunk Diameter (inches) Condition Intensity of Construction Impacts Suitability for Preservation Appraised Values Japanese maple 1 Acer palmatum 11, 9, 8, 8 Good High High $5,800 Grecian laurel 2 Laurus nobilis 13 Very Good Moderate Moderate $6,300 Hollywood juniper 6 Juniperus chinensis 16 Fair Low Moderate $5,800 Hollywood juniper 7 Juniperus chinensis 12 Fair Low Low $3,260 Hollywood juniper 10 Juniperus chinensis 11 Fair Low Moderate $2,750 Hollywood juniper 11 Juniperus chinensis 10 Fair Low Moderate $2,290 2 34 20142 Williamsburg Lane Attachment 2 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 May 16, 2017 prepared by Michael Bench shall become conditions of approval. 3. The arborist report dated May 16, 2017 shall be copied on to a plan sheet, titled “Tree Preservation” and included in the final job copy set of plans. 4. This report dated July 11, 2017 shall be copied onto a plan sheet and included in the final set of plans. 5. The designated Project Arborist shall be Michael Bench, unless otherwise approved by the City Arborist. 6. Tree Protection Security Deposit a. Is required per City Ordinance 15-50.080. b. Shall be $3,025 for tree(s) 1 and 2. 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. 8. If contractor feels that work must be done inside the fenced area, call Project Arborist to arrange a field meeting before performing work. 3 35 20142 Williamsburg Lane Attachment 2 9. The Project Arborist shall visit the site every six weeks. 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 10 feet of tree 1. 11. The Project Arborist shall supervise any necessary pruning or root pruning of Japanese maple tree 1. 12. 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. 13. 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. 14. 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. 15. Trenching to install utilities is not permitted inside tree protection fencing. 16. 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. 17. 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. 18. No trees are requested or approved for removal to construct this project. 19. 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. 20. 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 21. 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. 4 36 Attachment 3 Legend Tree Canopy Tree Protection Fence 20142 Williamsburg Lane 5 37 Attachment 3 38 39 40 41 42 43 44 45 46 47 48 49 REPORT TO THE PLANNING COMMISSION 19891 Robin Way Meeting Date: May 9, 2018 Application: PDR17-0023/ARB17-0061 Address/APN: 19891 Robin Way (510-01-036) Property Owner: Mohsen & Behnaz Salek From: Debbie Pedro, Community Development Director Report Prepared By: Christopher Riordan 50 Report to the Planning Commission 19891 Robin Way – Application # PDR17-0023/ARB17-0061 May 9, 2018 Page | 2 PROJECT DESCRIPTION The applicant is proposing a new 5,139 square foot single story residence. Two protected trees are proposed for removal. STAFF RECOMMENDATION Adopt Resolution No.18-007 approving the project subject to conditions of approval included in Attachment 1. Pursuant to City Code Section 15-45.060 (a)(3), Design Review Approval by the Planning Commission is required because the proposed residence would exceed a height of 18 feet. PROJECT DATA Gross/Net Site Area: 33,500 sq. ft. gross (0.77 acres) / 29,000 sq. ft. net (0.67 acres) Average Site Slope: Level Site General Plan Designation: RLD (Low Density Residential) Zoning: R-1-20,000 Proposed Allowed/Required Proposed Site Coverage Residence Carport Driveway Decks/driveway/patios/walks Total Proposed (structures) 5,375.8 sq. ft. 260.3 sq. ft. 1,407.3 sq. ft. 3,192.5 sq. ft. 10,235.9 sq. ft. (35.2%) 13,050 sq. ft. (45%) Floor Area House Garage Total Floor Area 4,685.1 sq. ft. 453.7 sq. ft. 5,138.8 sq. ft. 5,142 sq. ft. Height 23.27’ 26’ Setbacks Front: Left Side Right Side: Rear: 39’-0” 26’-4” 15’-0” 86’-6” 30’ 15’ 15’ 35’ SITE CHARACTERISTICS AND PROJECT DESCRIPTION Site Description The project site is located at 19891 Robin Way between Hume Drive and Pepper Lane. A 4,479 square foot one story ranch style single-family home and related site improvements including a detached garage, pool cabana, shed, and swimming pool are located on site. Adjacent uses on both sides, to the rear, and across the street are one-story single family residences. Twenty-two trees were inventoried by the project arborists and include Coast live oaks, Magnolia, Olive, and Pear. 51 Report to the Planning Commission 19891 Robin Way – Application # PDR17-0023/ARB17-0061 May 9, 2018 Page | 3 Project Description The project would include the construction of a new 5,139 square feet, approximately 23’-3” tall, one-story single family residence with an attached two car garage and a carport. All structures and hardscape would be removed including the existing circular driveway. Two trees are proposed for removal. Architecture/Design The project would have a contemporary architectural style which is most often described as Neo- Mediterranean. Identifying features of this architectural style include light weight tile roofs, exterior stucco walls, and round-arched windows and doorways. The building footprint is rectangular in shape with a wide front façade and occupies the majority of the building envelope. The height of the building is taller at the middle of the roof above the front entry and drops in height toward the sides. Architectural materials to support the architectural style include a concrete tile roof, smooth stucco exterior, arched entryway and arched windows on both architectural projections flanking opposite sides of the front entry. All remaining windows would have a square or rectangle shape. Exterior details would include aluminum clad wood widows, precast stone moldings and window sills, and precast stone paneling on the entry element and both the front and rear architectural projections. The front entry door would be made of wrought iron and both garage doors would be carriage style wood doors. The variety of exterior materials, varying heights of the architectural features and the wide building footprint provide architectural articulation to break up the mass of the home. The applicant has provided a color and materials board that will be available for review at the site visit and during the public hearing. Below is a list of the proposed exterior materials. Detail Colors and Materials Stucco Smooth Texture (dark tan) Windows Aluminum clad wood (light tan) Doors Wrought Iron Front Entrance Door Wood Carriage Style Garage Doors Roof Concrete Tile (Dark Brown) Trees Two protected trees are proposed for removal. These include 15” Magnolia along the right property line in poor condition and a 17” Mayen at the rear of the building footprint which is also in poor condition. All remaining protected trees in the vicinity of the project would be protected prior to building permit issuance and throughout the duration of the project. Tree protection fencing is required to be installed prior to the issuance of building permits. Details of the arborist’s findings and descriptions of the trees to be preserved are included in the Arborist Report (Attachment 2). 52 Report to the Planning Commission 19891 Robin Way – Application # PDR17-0023/ARB17-0061 May 9, 2018 Page | 4 FINDINGS The findings required for issuance of a Design Review Approval pursuant to City Code Section Article 15-45.080 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: a. 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 in that the project minimizes changes to the contours of the site. Grading will be limited to contouring the site to direct water to landscaped areas. Grading is also reduced as the new structure will be located in the same location as the existing structure with no significant change in the finished floor elevation. b. 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 number of trees to be removed are being kept to a minimum and are limited to two non-native trees in poor overall condition. Neither of the two trees to be removed is a native tree and includes a 15” Magnolia and a 17” Mayen. All remaining protected trees in the vicinity of the project would be protected prior to building permit issuance and throughout the duration of the project. Tree protection fencing is required to be installed prior to the issuance of building permits and shall remain in place for the duration of the project. c. 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 project is a single story so there will be no elevated decks or balconies to impact the privacy of adjoining properties. The finished floor of the new structure would be the same elevation as the existing structure and because the proposed home would be located in approximately the same location as the existing home there should not be an increase of views into adjacent properties. No community view sheds are located in the vicinity of the project. d. The overall mass and 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 single story residence is similar to the surrounding residences in the neighborhood. The height of the building is concentrated toward the center of the building footprint and is lower at both sides to increase compatibility with neighboring one story homes. Two homes on the opposite side of Robin 53 Report to the Planning Commission 19891 Robin Way – Application # PDR17-0023/ARB17-0061 May 9, 2018 Page | 5 Way have been recently been remodeled and are consistent in mass and architectural style as the proposed home. e. 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 proposed is minimal (existing driveway and walkway to the front door). The existing trees in the front and rear yard will be incorporated into the new landscape design. More than 50% of the front setback area will be landscaped with drought resistant plants. f. 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 proposed structure has large setbacks from buildings on adjacent properties, the design of the tallest parts of the structure are located at the center of the site with the lower portions of the building at both side property lines, the structure would not unreasonably impair the utilization of solar energy. g. 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 can be made in the affirmative because the proposed project incorporates applicable design policies and techniques from the Residential Design Handbook. The overall mass and height of the structure are in scale with the neighborhood; the structure is set back in proportion to the size and shape of the lot; site development follows contours and is appropriate given the property’s natural constraints. In addition, the proposed materials, colors, and details enhance the architecture in a well-composed, understated manner. h. 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 considered a hillside lot. Neighbor Notification and Correspondence A public notice was sent to property owners within 500 feet of the site. In addition, the public hearing notice and description of the project was published in the Saratoga News. The adjacent neighbor to the right at 19861 Robin Way submitted written project related comments with concerns related to 1) the location and noise of the existing air conditioning condensers and 2) that the northeast property corner is not consistent where she believes it to be located. (Attachment 4) The existing air conditioning condensers would be removed as part of the project. The City Code includes regulations which prohibit the location of air conditioning condensers within the 15’ side setback area. The project would locate the new condensers adjacent to the right side of the building 54 Report to the Planning Commission 19891 Robin Way – Application # PDR17-0023/ARB17-0061 May 9, 2018 Page | 6 and would be setback at least 24 feet from the property line as depicted on the site plan. In addition, the noise emitted by the new condensers must not exceed the maximum noise levels per City Code Article 7-30 (Noise Control). The applicant submitted a boundary survey prepared by a professional land surveyor which is included in the development plans. No evidence of incorrect property corner locations was determined by the surveyor. The boundary survey does depict the location of the existing side fence along the common property line between the subject site and 19861 Robin Way and this fence is located at least two feet onto the subject site. No other neighbors expressed concerns with the project. ENVIRONMENTAL DETERMINATION The project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, “New Construction or Conversion of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction of three single-family residences in a residential area. The project, as proposed, is for the construction of a new residence in a suburban, residential area. ATTACHMENTS: 1. Resolution of Approval No. 18-007 2. Arborist Report dated April 17, 2018 3. Story Pole Certification dated April 14, 2018 4. Neighbor Comments, received February 7, 2018 5. Development Plans (received April 23, 2018) 55 RESOLUTION NO: 18-007 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING DESIGN REVIEW PDR17-0023 AND ARBORIST REPORT ARB17-0061 19891 ROBIN WAY (510-01-036) WHEREAS, on December 18, 2017 an application was submitted by Mohsen and Behnaz Salek requesting Design Review approval to construct a new 5,139 square foot single-story residence with associated site improvements located 19891 Robin Way (APN 510-01-036). The height of the proposed residence is approximately 23 feet. Two protected trees are proposed for removal. The site is located within the R-1-20,000 zoning district. 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 Categorically Exempt. WHEREAS, on May 9, 2018 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 Environmental Quality Act (CEQA) pursuant Section 15303, “New Construction or Conversion of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction of one single-family residence in a residential area. 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; 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. The overall mass and height of the structure are in scale with the neighborhood; the structure is set back in proportion to the size and shape of the lot; site development follows contours and is appropriate given the property’s natural constraints; the porch and entry are in scale with other structures in the neighborhood. In addition, the proposed materials, colors, and details enhance the architecture in a well-composed, understated manner. Attachment 1 56 Lands of Salek 19891 Robin Way Application #PDR17-0023ARB17-0061 Resolution #18-007 Page | 2 Section 5: The City of Saratoga Planning Commission hereby approves PDR17-0023 and ARB17-0061 located at 19891 Robin Way (APN 510-01-036), 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 9th day of May 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 57 Lands of Salek 19891 Robin Way Application #PDR17-0023ARB17-0061 Resolution #18-007 Page | 3 Exhibit 1 CONDITIONS OF APPROVAL PDR17-0023 & ARB17-0061 19891 ROBIN WAY (APN 510-01-036) 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. 58 Lands of Salek 19891 Robin Way Application #PDR17-0023ARB17-0061 Resolution #18-007 Page | 4 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. COMMUNITY DEVELOPMENT 5. 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. 6. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans date stamped April 23, 2018. 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 City Code. 7. 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. 8. 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. 9. 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. 59 Lands of Salek 19891 Robin Way Application #PDR17-0023ARB17-0061 Resolution #18-007 Page | 5 10. All fences, walls and hedges shall conform to height requirements provided in City Code Section 15-29. 11. 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 12. A locking mailbox approved for use by the U.S. Postal service shall be installed and in compliance with Saratoga Municipal Code section 6-25.030. The mailbox shall be installed prior to final inspection. 13. This Condition is Permanent: The project includes a carport on the west side of the building. The carport is unenclosed so its floor area is not included in the maximum allowable floor area. This carport is to remain unenclosed and additional exterior walls are not to be added which would cause the project to exceed the maximum allowable floor area for the site. FIRE DEPARTMENT 14. The owner/applicant shall comply with all Fire Department requirements. ARBORIST 15. All requirements in the City Arborist Report dated April 17, 2018 are hereby adopted as conditions of approval and shall be implemented as part of the approved plans. PUBLIC WORKS 16. Applicant / Owner shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement including all new utilities prior to commencement of the work to implement this Design Review. 60 Lands of Salek 19891 Robin Way Application #PDR17-0023ARB17-0061 Resolution #18-007 Page | 6 17. All new/upgraded utilities shall be installed underground. 18. Applicant / Owner shall maintain the streets, sidewalks and other right of way as well as adjacent properties, both public and private, in a clean, safe and usable condition. All spills of soil, rock or construction debris shall be removed immediately. 19. Applicant / Owner shall submit a site plan and associated calculations for storm water 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. Applicant / Owner shall require 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 including: 1. Direct runoff onto vegetated areas 2. Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. 3. Direct runoff from driveways and/or uncovered parking lots onto vegetated areas. 4. Construct sidewalks, walkways, and/or patios with permeable surfaces. 5. Bio retention basin. 20. The Owner/Applicant shall incorporate adequate source control measures to limit pollutant generation, discharge, and runoff (e.g. landscaping that minimizes irrigation and runoff, promotes surface infiltration where possible, minimizes the use of pesticides and fertilizers, and incorporates appropriate sustainable landscaping practices and programs, such as Bay- Friendly Landscaping). Revise plan C-1 to accommodate bio retention basin. 21. At least 48 hours prior to the commencement of any earthwork/grading activities, the Owner/Applicant shall arrange a pre-construction meeting. The meeting shall include the City of Saratoga Grading Inspector, the grading contractor and the project soils engineer. 22. 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. 23. Construction Site Control  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, 61 Lands of Salek 19891 Robin Way Application #PDR17-0023ARB17-0061 Resolution #18-007 Page | 7 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. 24. Prior to the Building final, all Public works conditions including drainage, grading, and landscaping of the site shall be completed per approved plans. 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. Arborist Report, dated April 17, 2018 printed onto a separate plan page. c. 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 comply with the Approved Plans,” which note shall represent a condition which must be satisfied to remain in compliance with this Design Review Approval. 62 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 ARBORIST REPORT Application No. ARB17-0061 Prepared by Kate Bear, City Arborist Site: 19891 Robin Way Phone: (408) 868-1276 Owner:Mohsen and Behnaz Salek Email: kbear@saratoga.ca.us APN: 510-01-036 Email:msalek45@yahoo.com Report History: Final report Date: April 17, 2018 PROJECT SCOPE: The applicant has submitted plans to demolish the existing house and build a new single story house with an attached two car garage. The pool that will filled in and removed. Two trees protected by Saratoga City Code (7 and 19) are requested for removal to construct the project. STATUS: Approved by City Arborist, with attached conditions. PROJECT DATA IN BRIEF: Tree bond – Required - $23,400 Tree fencing – Required – See Conditions of Approval and attached map. Tree removals – Trees 7 and 19 are approved for removal once building permits have been issued. Replacement trees – Required = $6,450 ATTACHMENTS: 1 – Findings and Tree Information 2 – Tree Removal Criteria 3 – Conditions of Approval 4 – Map Showing Tree Protection 1 Attachment 2 63 19891 Robin Way Attachment 1 FINDINGS: Tree Removals According to Section 15-50.080 of the City Code, whenever a tree is requested for removal as part of a project, certain findings must be made and specific tree removal criteria met. Two trees (7 and 19) are in conflict with the project. They meet the City’s criteria allowing them to be removed and replaced as part of the project, once building division permits have been obtained. Attachment 2 contains the tree removal criteria for reference. Table 1: Summary of Tree Removal Criteria that are met Tree No. Species Criteria met Comments 7 Saucer magnolia 1, 4, 6, 7, 9 In decline 19 Mayten 1, 4, 6, 7, 9 Decay at base of trunk 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 and tree information from the submitted arborist report dated April 6, 2017; AND 2)The Project Data in Brief, the Conditions of Approval, and the map showing tree protection from this report. TREE INFORMATION: Arborist Report reviewed: Preparer: Kevin Kielty, Kielty Arborist ServicesLLC Date of Report: April 6, 2015, updated December 19, 2017 An arborist report was submitted for this project that inventoried 22 trees, 16 of which are 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. A table summarizing information about each tree is below. Two trees (7 and 19) protected by Saratoga City Code are requested for removal to construct this project. 2 64 19891 Robin Way Attachment 1 TREE INFORMATION continued: Table 2: Tree information from December 19, 2017 updated arborist report. 3 65 19891 Robin Way Attachment 1 Table 3: Tree values from December 19, 2017 updated arborist report. 4 66 19891 Robin Way Attachment 2 TREE REMOVAL CRITERIA Criteria that permit the removal of a protected tree are listed below. This information is from Article 15-50.080 of the City Code and is applied to any tree requested for removal as part of the project. If findings are made that meet the criteria listed below, the tree(s) may be approved for removal and replacement during construction. (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services, and whether the tree is a Dead tree or a Fallen tree. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the property. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly on steep slopes. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the general welfare of residents in the area. (5) The age and number of healthy trees the property is able to support according to good forestry practices. (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. (8) Any other information relevant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in Section 15-50.010 (9) The necessity to remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. (10) The necessity to remove the tree for installation and efficient operation of solar panels, subject to the requirements that the tree(s) to be removed, shall not be removed until solar panels have been installed and replacement trees planted in conformance with the City Arborist's recommendation. 5 67 19891 Robin Way Attachment 3 CONDITIONS OF APPROVAL 1. Owner, Architect, Contractor: 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. Permit: 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. 3. Final Plan Sets: a. Shall include the recommendations and tree information from the arborist report by Kevin Kielty dated April 6, 2015 and updated December 19, 2017. b. Shall include the recommendations and tree information copied on a plan sheet, titled “Tree Preservation”. c. Shall include the Project Data in Brief, the Conditions of Approval, and the map showing tree protection sections of the City Arborist report, April 17, 2018: 4. Tree Protection Security Deposit: a. Is required per City Ordinance 15-50.080. b. Shall be $23,400 for tree(s) 1 – 5, 9, 13 and 16. 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. 5. 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. 6. Construction: All construction activities shall be conducted outside tree protection fencing unless permitted as conditioned below. These activities include, but are not necessarily limited to, the following: demolition, grading, trenching for utility installation, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation and parking. 6 68 19891 Robin Way Attachment 3 7. Work inside fenced areas: a. Requires field meeting with City Arborist before performing work. b. Requires City Arborist approval prior to performing work. c. Requires Project Arborist on site to monitor work. 8. Project Arborist: a. Shall be Kevin Kielty unless otherwise approved by the City Arborist. b. Shall visit the site every three weeks during grading, trenching or digging activities and every six weeks thereafter. c. Shall provide a letter to the Applicant to provide to the City following each site visit. The letter shall document the work performed around trees, include photos of the work in progress, and provide information on the condition of the trees following construction. d. Shall supervise any permitted pruning or root pruning of trees on site. 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. e. Shall monitor all work within 15 feet of trees 1 – 5, 13 and 16. 9. Tree removal: a. Trees 7 and 19 meet the criteria for removal and may be removed and replaced once Building Division permits have been obtained. b. 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 c. Tree(s) authorized for removal or encroachment pursuant to this project may NOT be removed or encroached upon until the issuance of the applicable permit from the building division for the approved project. d. 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. 10. New trees: a. New trees equal to $6,450 shall be planted prior to completion of construction. b. Trees shall be replaced on 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. c. Only drought tolerant plants that are compatible with oaks are permitted under the outer half of the canopy of oak trees on site. 11. Final inspection: 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. 7 69 Attachment 4 2 3 4 5 6 7 8 9 10 11 18 17 13 15 14 16 19 Legend Tree Protection Fencing 20 22 21 12 19891 Robin Way 8 70 Story Pole Certification 占軽重甫韓雪塾撰董山鳩a亡jon:　1 9891恥bin潮ay 轟醒睡撃軍諒鶉臨縄丁重鞄転郭鳴娃鵜野無理連繋龍三要事重藍藻震霊醒韓堅塁襲撃悪霊雷撃塞整翼基盤罷艶曇整襲董襲撃襲聾義認塞韮閣窪嚢曇繋撃聾芦塞 ∈重野聾謹垂轟恕罷≡轟産婆轟醸墓誌軽霞主書誌認高麗軍醒誼露諦看護辞麗垂謹野轟等寒害腎重患寵轟証19務i Ro断n Way.蒔e塙fy the s軸γ PO量鎧拙b筑antialty ⊂Onform廟th the plans p「ovided by G’し輔打撃鎧垣露出輪講重篤暁筆出土鎮ま」曇れ-鴫ゼ離乳謎め咄盲軸屯a膿=捌聞流o鵬遜る蚤Sh脚霞露露露悪了二重三と一つ///シ//乙__年中8 韮謹睦聾圭輩毒聾蓋露顎聖餐撃蓮襲琵羅題蓮愚説蓮垂範密葬認諾寵藷幕藩酷襲韓董罷一基藷闇重量罷彊糞輩鬱　　を開脚 Attachment 3 71 Attachment 4 72 73 74 75 76 77 78 79 80 81 82 83 84 85