Loading...
HomeMy WebLinkAbout08-22-18 Planning Commission Agenda PacketSaratoga Planning Commission Agenda – Page 1 of 3 SARATOGA PLANNING COMMISSION REGULAR MEETING AUGUST 22, 2018 7:00 PM PLANNING COMMISSION REGULAR MEETING Civic Theater | 13777 Fruitvale Avenue, Saratoga CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES Amended Action Minutes from the Regular Planning Commission Meeting of June 27, 2018. Action Minutes from the Regular Planning Commission Meeting of July11, 2018. Recommended Action: Approve Amended Minutes of June 27, 2018 meeting. Approve Minutes of July 11, 2018 meeting. Amended Action Minutes from the Regular Planning Commission Meeting of June 27, 2018 Action Minutes from the Regular Planning Commission Meeting of July 11, 2018 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 Discussion of excused/unexcused absences. 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. Saratoga Planning Commission Agenda – Page 2 of 3 2.1 Application PDR18-0003/VAR18-0002; 14362 Springer Avenue (APN 503-26-032); Lands of Bahl. The applicant requests Design Review approval to construct a new two- story single-family residence with a basement (maximum height 24.6’). The project also includes a variance for a one-car garage when a two-car garage is required. No trees are requested for removal. The site is zoned R-1-10,000 and the gross lot size is approximately 3,454 square feet. Staff Contact: Christopher Riordan (408) 868-1235 or criordan@saratoga.ca.us. (Continued from June 27, 2018 meeting) Recommended Action: Adopt Resolution No.18-010 approving the project subject to conditions of approval included in Attachment 1. Staff Report Attachment 1 - Resolution Attachment 2 - Neighbor Comments Attachment 3 - Previously Approved Elevations Attachment 4 - Development Plans 2.2 Application MOD18-0002; 12768 Saratoga Avenue (APN 386-14-016); Lands of Westhope Presbyterian Church/Saratoga French Cultural Preschool. The applicant requests approval to modify an existing approved Conditional Use Permit to increase the maximum enrollment of children from 30 to 45 in the preschool facility on the premises of Westhope Presbyterian Church. Staff Contact: Nicole Johnson (408) 868- 1209 or njohnson@saratoga.ca.us. Recommended Action: Adopt Resolution No.18-028 approving the project subject to conditions of approval included in Attachment 1. Staff Report Attachment 1-Reso 18-028 Attachment 2-letter from Rev. Erik Swanson Attachment 3- Email from Resident (18983 Saratoga Glen Place) Attachment 4- Floor Plan 2.3 Application PCUP18-0002; 12770 Saratoga Avenue (APN 386-14-011); Lands of Prince of Peace Lutheran Church of Saratoga/All Bay Farmers’ Market Association. The applicant requests approval to modify an existing Conditional Use Permit to operate a Farmers’ Market in the southern parking lot area of the Prince of Peace Lutheran Church. Staff Contact: Victoria Hernandez (408) 868 -1212 or vhernandez@saratoga.ca.us. Recommended Action: Adopt Resolution No.18-029 approving the project subject to conditions of approval included in Attachment 1. Staff Report Attachment 1 - Resolution No. 18-029 Attachment 2 - Letter from All Bay Farmers' Market Association Saratoga Planning Commission Agenda – Page 3 of 3 Attachment 3 - Letter from Pastor Sara Pearson, Applicant.pdf Attachment 4 - Project Description from Applicant Attachment 5 - Reduced Site Plan - Exhibit A (received May 17, 2018) Attachment 6 - Email from Resident Supplemental Attachment 1 - Email from Resident Supplemental Attachment 2 - Diagram 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 August 17, 2018 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. Signed this 17th day of August 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 JUNE 27, 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, Commissioners Sunil Ahuja, Len Almalech, Tina Walia, Lucas Pastuszka ABSENT: Commissioners Razi Mohiuddin (excused), Kookie Fitzsimmons (excused) ALSO PRESENT: Debbie Pedro, Community Development Director APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of May 9, 2018. Recommended Action: Approve Minutes of May 9, 2018 regular meeting. ALMALECH/PASTUSZKA MOVED TO APPROVE THE MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING OF MAY 9, 2018. MOTION PASSED. AYES: WALIA, HLAVA, AHUJA, ALMALECH, PASTUSZKA. NOES: NONE. ABSENT: MOHIUDDIN, FITZSIMMONS. ABSTAIN: NONE. 1. NEW BUSINESS 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. 4 Saratoga Planning Commission Agenda – Page 2 of 3 2.1. Application PDR17-0024/ARB17-0065; 20381 Zorka Avenue (APN 386-52-047); Lands of Patel. The applicant requests Design Review approval to construct a new two- story single-family residence with a maximum height 25.60’. No protected trees are requested for removal. The site is zoned R-1-10,000 and is 10,313 gross square feet in size. Staff Contact: Christopher Riordan (408) 868-1235 or criordan@saratoga.ca.us Recommended Action: Adopt Resolution No.18-009 approving the project subject to conditions of approval included in Attachment 1. ALMALECH/AHUJA MOVED TO APPROVE WITH ADDED CONDITION OF APPROVAL. MOTION PASSED. AYES: HLAVA, AHUJA, ALMALECH, PASTUSZKA. NOES: WALIA. ABSENT: MOHIUDDIN, FITZSIMMONS. ABSTAIN: NONE. 2.2. Application PDR18-0003/VAR18-0002; 14362 Springer Avenue (APN 503-26-032); Lands of Bahl. The applicant requests Design Review approval to construct a new two- story single-family residence with a basement. The maximum height of the project is 24.6’. The project also includes a variance for a one-car garage when a two-car garage is required. No trees are requested for removal. The site is zoned R-1-10,000 and is 3,454 gross square feet in size. Staff Contact: Christopher Riordan (408) 868-1235 or criordan@saratoga.ca.us Recommended Action: Adopt Resolution No.18-010 approving the project subject to conditions of approval included in Attachment 1. PROJECT CONTINUED TO DATE UNCERTAIN. 2.3. Application PDR17-0016/ARB17-0059; 15235 Bellecourt (APN 510-03-013); Lands of Zhang. The applicant requests Design Review approval to construct a new two-story single-family residence with a maximum height 24’. Four protected trees are proposed for removal. The site is zoned R-1-40,000 and is 35,283 gross square feet in size. Staff Contact: Christopher Riordan (408) 868-1235 or criordan@saratoga.ca.us Recommended Action: Adopt Resolution No.18-011 approving the project subject to conditions of approval included in Attachment 1. AHUJA/WALIA MOVED TO APPROVE WITH CONDITIONS OF APPROVAL. MOTION PASSED. AYES: HLAVA, WALIA, AHUJA, ALMALECH, PASTUSZKA. NOES: NONE. ABSENT: MOHIUDDIN, FITZSIMMONS. ABSTAIN: NONE. DIRECTOR ITEMS Director Pedro announced the General Plan Scoping Meeting scheduled for June 28th at 6:00 PM in the Saunders Room. 5 Saratoga Planning Commission Agenda – Page 3 of 3 COMMISSION ITEMS None. ADJOURNMENT Chair Hlava adjourned the meeting at 7:45 PM. Minutes respectfully submitted: Janet Costa, Administrative Assistant City of Saratoga 6 Saratoga Planning Commission Agenda – Page 1 of 3 SARATOGA PLANNING COMMISSION REGULAR MEETING ACTION MINUTES JULY 11, 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, Commissioners Sunil Ahuja, Len Almalech, Tina Walia, Kookie Fitzsimmons ABSENT: Commissioners Razi Mohiuddin (excused), Lucas Pastuszka (excused) ALSO PRESENT: Debbie Pedro, Community Development Director APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of June 27, 2018. Recommended Action: Approve Minutes of June 27, 2018 regular meeting. MINUTES NOT APPROVED. 1. NEW BUSINESS 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. 7 Saratoga Planning Commission Agenda – Page 2 of 3 2.1. Applicant/owner-AT&T Mobility/Joint Pole Association. The applicant requests Design Review approval to install microcell sites on existing utility poles within the public road right-of-way in the following locations: 1. Application PDR18-0008; Pierce Road right-of-way near the intersection of Masson Court (Latitude & Longitude: 37.153067 & -122.0320460) 2. Application PDR18-0009; Pierce Road right-of-way near the intersection of Congress Hall Lane (Latitude & Longitude: 37.151802 & -122.032247) 3. Application PDR18-0010; Pierce Road right-of-way near the intersection of Vintage Lane (Latitude & Longitude: 37.152448 & -122.032127) 4. Application PDR18-0011; Pierce Road right-of-way near the intersection of Via Regina (Latitude & Longitude: 37.152448 & -122.053639) 5. Application PDR18-0012; Pierce Road right-of-way near the intersection of Pike Road (Latitude & Longitude: 37.268097 & -122.049094) 6. Application PDR18-0013; Pierce Road right-of-way near the intersection of Congress Springs Lane (Latitude & Longitude: 37.251133 & -122.053883) 7. Application PDR18-0014; Pierce Road right-of-way near the intersection of Pierce Road and Saratoga-Sunnyvale Road (Latitude & Longitude: 37.1653.61 & 122.0159.56) 8. Application PDR18-0015; Pierce Road right-of-way near the intersection of Comer Drive (Latitude & Longitude: 37.279144 & -122.038408) 9. Application PDR18-0016; Pierce Road right-of-way near the intersection of Surrey Lane (Latitude & Longitude: 37.163032 & -122.022524) 10. Application PDR18-0017; Congress Springs Road right-of-way near the intersection of Pierce Road (Latitude & Longitude: 37.252297 & -122.057092) 11. Application PDR18-0018; Pierce Road right-of-way near the intersection of Chalet Clotilde Drive (Latitude & Longitude: 37.272411 & -122.044464) 12. Application PDR18-0019; Congress Springs Road right-of-way near the intersection of Pierce Road (Latitude & Longitude: 37.150710 & -122.025078) 13. Application PDR18-0020; Big Basin Way right-of-way near the intersection of Toll Gate Road (Latitude & Longitude: 37.253067 -122.043228) PDR18-0009/Resolution No. 18-013, PDR18-0010/ Resolution No. 18-014, PDR18-0012/Resolution No. 18-016, PDR18-0013/Resolution No. 18-017, PDR18-0015/Resolution No. 18-019, PDR18-0016/Resolution No. 18-020, PDR18-0017/Resolution No. 18-021, PDR18-0019/Resolution No. 18-023: AHUJA/ALMALECH MOVED TO APPROVE WITH CONDITIONS OF APPROVAL. MOTION PASSED. AYES: HLAVA, AHUJA, ALMALECH, FITZSIMMONS, WALIA. NOES: NONE. ABSENT: MOHIUDDIN, PASTUSZKA. ABSTAIN: NONE. PDR18-0020, Resolution No. 18-024: ALMALECH/AHUJA MOVED TO APPROVE WITH CONDITIONS OF APPROVAL. MOTION PASSED. AYES: HLAVA, AHUJA, ALMALECH, FITZSIMMONS, WALIA. NOES: NONE. ABSENT: MOHIUDDIN, PASTUSZKA. ABSTAIN: NONE. 8 Saratoga Planning Commission Agenda – Page 3 of 3 PDR18-0008, Resolution No. 18-012: FITZSIMMONS/ALMALECH MOVED TO APPROVE WITH CONDITIONS OF APPROVAL. MOTION PASSED. AYES: HLAVA, FITZSIMMONS, AHUJA, ALMALECH, WALIA. NOES: NONE. ABSENT: MOHIUDDIN, PASTUSZKA. ABSTAIN: NONE. PDR18-0018, Resolution No. 18-022: AHUJA/ALMALECH MOVED TO APPROVE WITH CONDITIONS OF APPROVAL. MOTION PASSED. AYES: HLAVA, AHUJA, ALMALECH, FITZSIMMONS, WALIA. NOES: NONE. ABSENT: MOHIUDDIN, PASTUSZKA. ABSTAIN: NONE. PDR18-0011, Resolution No. 18-015: AHUJA/WALIA MOVED TO APPROVE WITH CONDITIONS OF APPROVAL. MOTION PASSED. AYES: HLAVA, AHUJA, ALMALECH, FITZSIMMONS, WALIA. NOES: NONE. ABSENT: MOHIUDDIN, PASTUSZKA. ABSTAIN: NONE. PDR18-014, Resolution No. 18-018: ALMALECH/FITZSIMMONS MOVED TO TO CONTINUE TO DATE UNCERTAIN. MOTION PASSED. AYES: HLAVA, AHUJA, ALMALECH, FITZSIMMONS, WALIA. NOES: NONE. ABSENT: MOHIUDDIN, PASTUSZKA. ABSTAIN: NONE. DIRECTOR ITEMS Director Pedro asked for Commission’s feedback on the sample graphics for the Village Design Guidelines update project. Commissioner Walia volunteered to provide feedback and suggestions to staff as the project develops. COMMISSION ITEMS None. ADJOURNMENT Chair Hlava adjourned the meeting at 9:45 PM. Minutes respectfully submitted: Janet Costa, Administrative Assistant City of Saratoga 9 REPORT TO THE PLANNING COMMISSION 14362 Springer Avenue Meeting Date: August 22, 2018 Application: PDR18-0003/VAR18-0002 Address/APN: 14362 Springer Avenue (503-26-032) Property Owner: Ken Bahl From: Debbie Pedro, Community Development Director Report Prepared By: Christopher Riordan 10 Report to the Planning Commission 14362 Springer Avenue – Application # PDR18-0003/VAR18-0002 August 22, 2018 Page | 2 PROJECT DESCRIPTION The applicant is requesting Design Review approval for a new 1,552 square foot two-story residence with basement. The project also includes a variance for a one-car garage when a two- car garage is required. No protected trees are requested for removal. STAFF RECOMMENDATION Adopt Resolution No.18-010 approving the project subject to conditions of approval included in Attachment 1. Pursuant to City Code Sections 15-45.060 (a)(1) and 15-70.020(a), Design Review Approval by the Planning Commission is required because the proposed residence would be a new two story structure and the project includes a request for a Variance from the prescribed development standards. PROJECT DATA Gross/Net Site Area: 3,454 square feet (.08 acres) Average Site Slope: Level Site General Plan Designation: M-10 (Medium Density Residential) Zoning: R-1-10,000 Proposed Allowed/Required Proposed Site Coverage Residence Decks/driveway/patios/walks/lightwell Total Proposed (structures) 964 sq. ft. 658 sq. ft. 1,622 sq. ft. (47%) 2,072 sq. ft. (60%) Floor Area House Garage Basement (exempt) Total Floor Area 1,255 sq. ft. 297 sq. ft. (939 sq. ft.) 1,552 sq. ft. Per Planning Commission for sites < 5,000 sq. ft. Height 24.6’ 26’ Setbacks Front: Right Side: Left Side: Rear: 1st Story 2nd Story 25’ 25’ 6’ 11’ 6’ 11’ 20’ 25’ 1st Story 2nd Story 25’ 25’ 6’ 11’ 6’ 11’ 20’ 25’ Grading Cut 360 CY Fill 10 CY Export 350 CY No grading limit in the R-1-10,000 zoning district 11 Report to the Planning Commission 14362 Springer Avenue – Application # PDR18-0003/VAR18-0002 August 22, 2018 Page | 3 SITE CHARACTERISTICS AND PROJECT DESCRIPTION Site Description The project is located on Springer Avenue, northeast of 4th Street, in the R-1-10,000 zoning district. The existing home was constructed circa 1938 and the Wildwood Park tract it is located in pre-dates the City’s incorporation and subsequent zoning ordinance. The lot is considered substandard as it does not meet minimum lot size and dimensions for the zoning district. The 3,454 square foot lot is approximately 48 feet wide by 72 feet deep while the current standard for the district are lots with a minimum of 10,000 square feet, widths of 85 feet and depths of 115 feet. Several of the properties in the neighborhood have substandard sized lots including the properties adjacent to the subject site on the southeastern side of Springer Avenue. Furthermore, no garage currently exists on the property and several of the adjacent properties have a one-car garage. The site currently contains an existing one-story residence that will be demolished. Project Description Background On January 25, 2012, the Planning Commission approved a project for the site that included a 1,621 two-story residence with a 1,045 square foot basement which had a similar architectural design and height as the current project. That project included two variances for both a reduced front setback and a one car garage. A copy of the previously approved building elevations is included as Attachment #4. The applicant did not proceed with the construction of the project and the design review approval expired in January 2015. The current project complies with all setbacks but does include a request for the same variance to provide a one car garage instead of two. Historical Preservation Commission Review On April 14, 2009, the Heritage Preservation Commission (HPC) visited the subject site and reviewed the Historical Evaluation Report for the property. The HPC determined that the subject property was not historic and should not be listed on the City’s Historic Resource Inventory and agreed that the existing house could be demolished. Architecture/Design The proposed project would include the construction of a 1,552 square foot two-story home with an attached one car garage and a 939 square foot basement. The design of the project would most closely be affiliated with the Queen Anne architectural style. Some of the identifying features of the style include steeply pitched roofs, dominant front facing gable, bay windows, and an asymmetrical façade. The design includes a stucco exterior, steeply pitched gables, and brick accents. The proposed exterior colors are neutral tones including beige with grey and moss colored green trim. The applicant has provided a color and materials board, which will be available for review at the site visit and during the public hearing. Below is a list of the proposed exterior materials. 12 Report to the Planning Commission 14362 Springer Avenue – Application # PDR18-0003/VAR18-0002 August 22, 2018 Page | 4 Detail Colors and Materials Exterior Smooth Texture Stucco (beige color) Brick Veneer (red color) Trim (green color) Windows Aluminum Clad Wood (green color) Doors Wood (green color) Roof Synthetic Slate (dark grey) Garage Variance The project includes a variance for a one-car garage in lieu of a two-car garage due to the size and dimensions of the lot. The City Code requires two covered spaces within a garage for single family dwellings. The existing house to be demolished does not have a garage. The minimum width standard for a two-car garage is 19 feet and the minimum side setbacks on the subject lot are 6 feet per side, leaving 17 feet of width for the home’s façade. To meet the code requirements, the face of the garage would represent over 55% of the entire façade of the home. Under the proposed variance, the 10 foot wide garage would represent approximately 28% of the façade, leaving approximately 26 feet in width for the home’s entry, living room, and interior stairs. The below table indicates the lot size and garage type for the 10 properties fronting Springer Avenue between 4th Street and the north-east end of Wildwood Way. One of the 10 lots is not visible from the street and it is uncertain whether there is a garage on this property. Six of the 10 lots fronting Springer Avenue have a one-car garage. Thus, granting a variance for a one-car garage for the subject property would be consistent with other properties in the vicinity. Lot Size, Floor Area, and Garage Type Address *Lot Size *Floor Area / (FAR) Garage Type 14352 Springer Avenue 6,700 SF 1,200 SF (18%) 1-story 1 car attached 14361 Springer Avenue 4,800 SF 1,750 SF (36%) 2-story 1 car attached 14362 Springer Avenue 3,454 SF 950 SF (28%) 1-story No garage 14370 Springer Avenue 3,400 SF 1,100 SF (32%) 2-story 1 car attached 14378 Springer Avenue 3,300 SF 1,000 SF (33%) 1-story 1 car detached 14395 Wildwood Way (corner) 3,850 SF 1,400 SF (36%) 1½-story 1 car attached 14391 Springer Avenue (corner) 11,326 SF 1,800 SF (16%) 1-story Not visible 14400 Springer Avenue (corner) 3,200 SF 1,200 SF (30%) 1-story 2 car attached 14371 Springer Avenue 14,000 SF 2,500 SF (18%) 1-story 2 car attached 14345 Springer Avenue 10,000 SF 2,400 SF (24%) 2-story 2 car attached *Lot sizes and floor areas are approximate Furthermore, a one-car garage is an improvement to the current situation where no garage exists. Likewise, staff does not anticipate that a one-car garage in lieu of a two-car garage would have a significant effect on traffic volume, traffic circulation, or interference with the free flow of traffic on the streets. As noted earlier in the report, a variance for a one car garage was approved by the Planning Commission in 2012 and similar findings can be made for the current variance request. 13 Report to the Planning Commission 14362 Springer Avenue – Application # PDR18-0003/VAR18-0002 August 22, 2018 Page | 5 FINDINGS Design Review 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 site is relatively level and the project minimizes changes to the contours of the site. Grading will be limited to the excavation for the basement and 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 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 will not have elevated decks or balconies to impact the privacy of adjoining properties. The finished floor of the new structure would be the approximately the same elevation as the existing structure. The second story windows are relatively small with high sill heights to reduce privacy impacts to abutting neighbors. The second story window on the eastern elevation will be constructed of frosted glass to minimize privacy impacts to the adjacent neighbor. 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. The project will be compatible in terms of bulk and height with existing two-story residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district. The homes to the rear, right side, and directly across the street are two-story homes. The single story home on the left side of the property is located 14 Report to the Planning Commission 14362 Springer Avenue – Application # PDR18-0003/VAR18-0002 August 22, 2018 Page | 6 on a much larger lot than the subject property and has the benefit of a corner lot to access additional light and air. 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 (driveway and walkway to the front door). The landscape plan indicates that more than 60% 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 because the house is located approximately at the center of the site and the second story setbacks meet the minimum requirements which when taken together would minimize shadows being cast on adjacent properties which could limit or reduce their solar energy opportunities. 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. Variance Pursuant to City Code Section 15-70.060, the Planning Commission is authorized to grant variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships that would result from a strict or literal interpretation and enforcement of certain zoning regulations. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon. The Applicant has met the burden of proof required to support the application for a variance as set forth below. (a) That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation would 15 Report to the Planning Commission 14362 Springer Avenue – Application # PDR18-0003/VAR18-0002 August 22, 2018 Page | 7 deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district. The property is located in a neighborhood that pre-dates the City’s incorporation and subsequent zoning ordinance. Many of the lots in the vicinity are below the minimum standard for the zoning district in terms of lot size, width, and depth, as described in subsection (b), below. Accordingly, many of the homes fronting Springer Avenue have a one-car garage. Likewise, the existing home on the subject property is located approximately seven feet from the front property line and does not have a garage. Given these special circumstances, strict enforcement of the two-car garage requirement would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and the R-1-10,000 zoning district. (b) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district. The standard dimensions for a lot in the R-1-10,000 zoning district are a minimum 85 feet wide by 115 feet deep and a minimum 10,000 square feet in area. The subject lot is approximately 48 feet wide by 72 feet deep and 3,454 square feet in area. The subject lot is smaller than many of the lots in the immediate vicinity and much smaller than standard lots in the R-1-10,000 zoning district. Several of the adjacent properties have one car garages. Thus, the granting of a variance for a one-car garage in lieu of a two-car garage would not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the R-1-10,000 zoning district. (c) That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed home meets the required setbacks. The home on the subject property does not have a garage. The home has existed in this neighborhood without a garage since 1938. No known public health or safety concerns have been brought forward due the lack of a garage and no future impacts are anticipated. The addition of a one-car garage to the property will be an improvement over the current situation in the neighborhood. (d) That strict enforcement of the specified regulation is not required by either present or anticipated future traffic volume or traffic circulation on the site. The current home has existed in this neighborhood without a garage since 1938 without any known impacts on traffic volume or circulation. Thus, the addition of a one-car garage to the property should improve traffic volume and circulation in the neighborhood. (e) That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets. The current home has existed in this neighborhood without a garage since 1938 without any known impacts on the parking or loading of vehicles on public streets. Thus, the addition of a one-car garage to the property should improve the free flow of traffic on the streets. 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 has 16 Report to the Planning Commission 14362 Springer Avenue – Application # PDR18-0003/VAR18-0002 August 22, 2018 Page | 8 provided three completed Neighbor Notification Forms with project related comments (Attachment #2). The rear neighbor at 14433 Wildwood Way expressed a concern that the Bay laurel trees along the back property line might be removed – none of the trees are proposed for removal as part of the project. The adjacent neighbor to the north at 14352 Springer Avenue (the home to the left) is concerned about 1) privacy from the second story window on the east elevation, 2) the desire to have a fence constructed along the common line in the rear yard, and 3) construction hours and noise. The project has one 2’x 2’ window on the east elevation of the second story. This is a window in the master bathroom. The applicant has agreed to a condition of approval to install a “frosted glass” fixed window in this location to reduce privacy impact on the adjacent neighbor. The project also includes a condition of approval that the fence constructed between the common property line be a minimum of six feet in height. The City limits construction hours between 7:30 A.M. and 6:00 P.M. Monday through Friday and between the hours of 9:00 A.M. and 5:00 P.M. on Saturday. Residential construction is prohibited on Sunday and weekday holidays. The adjacent neighbor to the south at 14370 Springer Avenue (the home to the right) is concerned about noise from the air conditioning unit and window placement for privacy. The proposed AC unit as shown on the plans is located within the rear yard setback and must be relocated (Condition # 15). When the applicant was made aware of this issue, they indicated to staff that an air conditioning unit will not be proposed with this project. With regard to the window placement concerns, a 6’ high solid fence is proposed along the south property line to help provide privacy and screening for the first floor windows. Two small 2’ x 2’ bedroom windows are located on the second floor. The high windows are 5’ above the finish floor and offset from the first floor with an additional setback of 11’, reducing the privacy impact on the adjacent neighbor. 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. 18-010 2. Neighbor Notification Forms 3. Previously Approved Building Elevations 4. Development Plans (received August 7, 2018) 17 RESOLUTION NO: 18-010 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING DESIGN REVIEW PDR18-0003 AND VARIANCE VAR18-0002 14362 SPRINGER AVENUE APN # 503-26-032 WHEREAS, on January 25, 2018 an application was submitted by Steve Yang on behalf of Amit Bahl requesting Design Review and Variance approval to construct a new 1,552 square foot two- story residence with associated site improvements located at 14362 Springer Avenue (APN 503-26- 032). The project also includes a variance for a one-car garage when a two-car garage is required. No trees are proposed for removal. The site is located within the R-1-10,000 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 August 22, 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 18 Lands of Bahl 14362 Springer Avenue Application #PDR18-0003 / VAR18-0002 Resolution #18-010 Page | 2 Section 5: The City of Saratoga Planning Commission hereby approves PDR18-0003 and VAR18-0002 located at 14362 Springer Avenue (APN 503-26-032), 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 22nd day of August 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 19 Lands of Bahl 14362 Springer Avenue Application #PDR18-0003 / VAR18-0002 Resolution #18-010 Page | 3 Exhibit 1 CONDITIONS OF APPROVAL PDR18-0003 & VAR18-0002 14362 SPRINGER AVENUE APN # 503-26-032 GENERAL 1. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner’s successors in interest for such time period. No zoning clearance, or demolition, grading for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent or other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content to the Community Development Director. If a condition is not “Permanent” or does not have a term specified, it shall remain in effect until the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent. 2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this approval is duly executed, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively “processing fees”). This approval or permit shall expire sixty (60) days after the date said notice is mailed if all processing fees contained in the notice have not been paid in full. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the City certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 3. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga City Code incorporated herein by this reference. 4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold Harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. 20 Lands of Bahl 14362 Springer Avenue Application #PDR18-0003 / VAR18-0002 Resolution #18-010 Page | 4 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 August 7, 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. 10. All fences, walls and hedges shall conform to height requirements provided in City Code Section 15-29. 21 Lands of Bahl 14362 Springer Avenue Application #PDR18-0003 / VAR18-0002 Resolution #18-010 Page | 5 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. The second story bathroom window on the east elevation shall have obscure glass and be fixed so that it cannot be opened. 14. The fence along the north and south property lines adjacent to 14352 and 14370 Springer Avenue respectively, shall be a minimum of six feet in height. 15. The proposed air conditioner unit as shown on the development plans received on August 7, 2018 is not approved. The AC unit shall be removed or relocated to comply with setback requirements. FIRE DEPARTMENT 16. The owner/applicant shall comply with all Fire Department requirements. PUBLIC WORKS 17. 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. 18. Remove and replace existing driveway and complete the new driveway with conforming grade to the street. Existing asphalt fronting the new residence shall be replaced after the new construction. See City Standard details for removal and new installation. Revise C1 to show the new vertical curb & gutter. 22 Lands of Bahl 14362 Springer Avenue Application #PDR18-0003 / VAR18-0002 Resolution #18-010 Page | 6 19. All existing utilities to existing home (Gas, Electric, Water, Sewer) shall be capped off prior to demolition of existing structures. Show on plan all new utilities services to the new residence. All utilities to the new residence shall be grounded. 20. All new/upgraded utilities shall be installed underground. 21. The permittee shall maintain the streets, sidewalks and other public rights 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. 22. The Project Civil Engineer designed this project to comply with the grading recommendations in the geotechnical report. 23. 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. 24. All project that create and/or replace more than 2,500 square feet and less than 10,000 square feet of impervious surface shall install one or more of the following site design measures: a. Direct roof runoff into cisterns or rain barrels for reuse. b. Direct roof runoff onto vegetated areas. c. Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. d. Direct runoff from driveways and/or uncovered parking lots onto vegetated areas. e. Construct sidewalks, walkways, and/or patios with permeable surfaces.2 f. Construct bike lanes, driveways, and/or uncovered parking lots with permeable surfaces. g. Show bio retention basin on property preferably on back of properties on plan C-1 25. Construction Site Control • Show on separate plan the erosion control per C.6 NPDES Permit No. CAS612008, November 19, 2015. Straw wattle perimeter of property and provide construction entrance during construction. • Owner shall implement construction site inspection and control to prevent construction site discharges of pollutants into the storm drains. Plan shown on sheet C3 for the temporary erosion control during the construction of the new residence are adequate. • The City requires the construction site’s 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. 23 Lands of Bahl 14362 Springer Avenue Application #PDR18-0003 / VAR18-0002 Resolution #18-010 Page | 7 • City will conduct inspections on a monthly basis 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. Correction notices not addressed will eventually lead to A Notice of STOP WORK violation during the construction of this project 26. 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 27. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department. b. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. c. This signed and dated Resolution printed onto separate construction plan pages. d. The site plan shall contain a note with the following language: “Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks comply with the Approved Plans,” which note shall represent a condition which must be satisfied to remain in compliance with this Design Review Approval. 24 Project Address: City of Saratoga Neighbor Notification Form 14362 Springer A venue A project is proposed at the above address. The City asks that you sign this form to indicate you have had an opportunity to review and comment on the proposal. Your signature is DQJ; an acceptance of the plans, only an acknowledgement that you have had an opportunity to comment. IMPORTANT NOTE FROIVI CITY: These plans are PRELIMINARY ONLY and may change as the project moves forward. Architectural Plans are protected under copyright law. The applicant should allow you to view the plans but is not required to give you a physical copy. Once the application is submitted, you may review a full sized set of plans at City Hall during normal business hours. The applicant should inform you when the plans will be su bmitted. Please contact the City at 408-868-1222 If you have any questions. This notice is being provided to all of the adjoining property owners and the property owner(s) across the street from the project address. The City will send an additional notice to adjacent neighbors prior to a decision being made on the project. /\ Neighbor Name: / / /,, 'T .. \... -· , rA · Date: /l' ,,_IC>"/ ff -This enables the City to contact you if they have any questions Please address any initial concerns below (attach additional sheets if necessary): Feel free to mail this form directly to the City: City of Saratoga Planning Department; .1377/ F.1ui.tvale Avenue; Saratoga CA 95070 p £ J ,'7/..,L- -• # 1 . v / c-"'· S c-/�·,r1"c;;;f ,TJ /r + ·ti 8.� C) �};C),/f"l k Revised February 2014 ,,.. r�Nt"·f? Attachment 2 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 SANTA CLARA COUNTYC-1 DATE: SHEET NO. SCALE: DRAWN BY: DESIGNED BY:RW ENGINEERING, INC.DATEBYREVISIONNO.OF SHEETSGRADING ANDDRAINAGE PLANAPN: 503-26-032BASIS OF BEARINGS: SITE BENCHMARK: 42 SWALE1TYPICAL GRADING AROUND FOUNDATION2 DETAILS3 SANTA CLARA COUNTYC-2 DATE: SHEET NO. SCALE: DRAWN BY: DESIGNED BY:RW ENGINEERING, INC.DATEBYREVISIONNO.OF SHEETS APN: 503-26-032POP-UP EMITTER 4 AREA DRAIN DETAIL WITHIN STAIR/LIGHTWELL 5 SUMP WELL DETAIL 43 (TO BE MAINTAINED)STABILIZED CONSTRUCTION ENTRANCE HYDROSEEDING: GENERAL EROSION AND SEDIMENT CONTROL NOTES:EROSION CONTROLPLANSANTA CLARA COUNTYC-3 DATE: SHEET NO. SCALE: DRAWN BY: DESIGNED BY:RW ENGINEERING, INC.DATEBYREVISIONNO.OF SHEETS LEGEND APN: 503-26-03244 45 46 REPORT TO THE PLANNING COMMISSION 12768 Saratoga Avenue Meeting Date: August 22, 2018 Application: MOD18-0002 Address/APN: 12768 Saratoga Avenue (386-14-016) Property Owner: Westhope Presbyterian Church From: Debbie Pedro, Community Development Director Report Prepared By: Nicole Johnson 47 Report to the Planning Commission 12768 Saratoga Ave- Application #MOD18-0002 August 22, 2018 Page | 2 PROJECT DESCRIPTION The applicant is requesting a modification of an existing Conditional Use Permit for a preschool within the Westhope Presbyterian Church, to increase the maximum enrollment number of students from 30 to 45. STAFF RECOMMENDATION Adopt Resolution No.18-028 approving the project subject to conditions of approval included in Attachment 1. Pursuant to City Code Section 15-55.060, the Planning Commission shall consider all applications for Conditional Use permits except for those uses identified in Section 15-55.065. PROJECT DATA Gross/Net Site Area: 163,350 sq. ft. (3.75 acres) Average Site Slope: Level Site General Plan Designation: CFS – Community Facilities Zoning: R-1-10,000 SURROUNDING LAND USES Surrounding land uses include multi-family residential to the north, El Quito Park to the east, Saratoga Avenue separates the site from the single-family residential uses to the west, and Prince of Peace Lutheran Church and multi-family residential (senior housing) borders the site to the south. BACKGROUND Westhope Presbyterian Church has been located on the subject property since 1963 (not a part of this application). In 1972 the Planning Commission approved a use permit (UP-214) authorizing a nursery school within the church facilities. In 2015 and 2016 the French Cultural Preschool obtained Planning Commission approval (MOD15-0007 & MOD16-0004) to modify the use permit to increase the number of students and aides/instructors. The preschool currently uses approximately 1,200 square feet of the 10,092 square feet of the church’s floor area. The revised lease agreement allows the preschool to utilize an additional 455 square feet (1,655 square feet total) within the church. There is an existing 2,500 square foot fenced outdoor play area adjacent to the preschool. (Attachment 4). No changes are proposed to the building. DISCUSSION OPERATIONS DATA EXISTING PROPOSED Number of Students per day Max: 30 Max: 45 Number of Aides/Instructors on site at any one time Max: 5 Max: 8 Business Hours Mon-Fri 8:00 AM to 5:30 PM Mon-Fri 8:00 AM to 5:30 PM 48 Report to the Planning Commission 12768 Saratoga Ave- Application #MOD18-0002 August 22, 2018 Page | 3 Parking: The site contains 111 parking spaces, of which 50 of the spaces are shared between the church and Quito Park (located at the rear of the property). The City of Saratoga has an arrangement with the church in regards to access and parking for the park. The Church allows the public to use 50 of their spaces for the park and provides a gated access to the park. In return, the City maintains the parking lot for the Church. Pursuant to City Code, the required parking for schools is one space for each employee plus additional spaces as determined by the Planning Commission to be adequate for student/visitors. Based on previous parking studies done for the City regarding school uses, the maximum parking ratio used was 0.28 spaces per student. It should be noted that this ratio included students and staff and was the highest observed parking demand for a similar use and therefore represents the most conservative approach in analyzing parking requirements. Based on this rate, the proposed 45 student preschool use is estimated to require thirteen parking spaces. Thirteen parking spaces have been assigned to this use and there is an overflow of additional parking spaces available on site that the Church is not using during the operation of the preschool based on the Church’s service hours: • Sunday Service: 10:00 AM • Evening Service Tuesday: 7:00 PM • Morning Prayer Monday through Thursday: 9:00 AM • Senior Center Monday: 9:00 AM to 2:00 PM Staff has concluded that the existing parking would accommodate the proposed use in conjunction with the Church use. In addition, the parking studies noted that the average parking demand for preschool centers would be less than two minutes as parents and caregivers will only be stopping briefly in order to assist their children to the school. Traffic: Using the ITE Trip Generation rates, it is estimated that the net increase of fifteen students and three staff would generate 15.6 additional AM and PM peak hour vehicle trips. The ratio for vehicle trips used by ITE includes employee trips. Per the City’s Traffic Consultant, the increase in students is a negligible increase in traffic trips. FINDINGS The findings required for issuance of a Conditional Use Permit Approval pursuant to City Code Section Article 15-55.070 are set forth below. Staff believes the applicant’s project has met the burden of proof to support the findings required for approval of a Use Permit under Article 15-55 of the City Code, as shown below a) That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. 49 Report to the Planning Commission 12768 Saratoga Ave- Application #MOD18-0002 August 22, 2018 Page | 4 This finding can be made in the affirmative in that the facility is a conditionally permitted use in a residential district. One purpose of the residential district is to provide space for community facilities needed to complement residential areas and for institutions, which require a residential environment. b) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. This finding can be made in the affirmative in that the use permit includes conditions of approval to ensure compliance with all applicable health and safety codes and Building and Fire Department requirements. Additional conditions are provided to regulate the number of students and hours of operation to protect the adjacent residential uses. c) That the proposed conditional use will comply with each of the applicable provisions of this Zoning Ordinance. This finding can be made in the affirmative in that the use permit includes conditions of approval to ensure compliance with zoning requirements. Any intensification of this use will require an amendment to the Conditional Use Permit. The City shall retain continuing jurisdiction over the Conditional Use Permit and may, at any time, modify, delete, or impose, any new conditions of the permit to preserve the public health, safety, and welfare. d) That the proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and. will not adversely affect surrounding properties or the occupants thereof. This finding can be made in the affirmative in that the preschool has been in operation at the site since 2014 and there have been no complaints regarding the use. Conditions are provided to regulate the number of students and hours of operation to protect the adjacent residential uses. 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. One resident has submitted an email expressing traffic concerns (Attachment 3). ENVIRONMENTAL DETERMINATION The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the Public Resources Code. Class 1 exemptions include the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. 50 Report to the Planning Commission 12768 Saratoga Ave- Application #MOD18-0002 August 22, 2018 Page | 5 ATTACHMENTS 1. Resolution of Approval No. 18-028 2. Letter from Rev. Eric Swanson 3. Email from resident at 18983 Saratoga Glen Place 4. Development Plans (received July 2 , 2018) 51 Attachment 1 RESOLUTION NO. 18-028 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING A MODIFICATION OF A CONDITIONAL USE PERMIT MOD18-0002 12768 SARATOGA AVENUE WHEREAS, on July 2, 2018 the property owner/applicant submitted an application, MOD18-0002, requesting modification of a Conditional Use Permit to increase the number of students at Saratoga French Cultural Preschool from 30 to 45 on the premises of Westhope Presbyterian Church; and WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine this project exempt; and WHEREAS, on August 22, 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 California Environmental Quality Act (CEQA) pursuant to Section 15301 of the Public Resources Code. Class 1 exemptions include the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Section 3: The applicant’s project has met the burden of proof to support the findings required for approval of a Conditional Use Permit under Article 15-55 of the City Code, as set forth below: a) That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. This finding can be made in the affirmative in that the facility is a conditionally permitted use in a residential district. One purpose of the residential district is to provide space for community facilities needed to complement residential areas and for institutions, which require a residential environment. b) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. This finding can be made in the affirmative in that the use permit includes conditions of 52 Resolution No. 18-028 approval to ensure compliance with all applicable health and safety codes and Building and Fire Department requirements. Additional conditions are provided to regulate the number of students and hours of operation to protect the adjacent residential uses. c) That the proposed conditional use will comply with each of the applicable provisions of this Zoning Ordinance. This finding can be made in the affirmative in that the use permit includes conditions of approval to ensure compliance with zoning requirements. Any intensification of this use will require an amendment to the Conditional Use Permit. The City shall retain continuing jurisdiction over the Conditional Use Permit and may, at any time, modify, delete, or impose, any new conditions of the permit to preserve the public health, safety, and welfare. d) That the proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and. will not adversely affect surrounding properties or the occupants thereof. This finding can be made in the affirmative in that the preschool has been in operation at the site since 2014 and there have been no complaints regarding the use. Conditions are provided to regulate the number of students and hours of operation to protect the adjacent residential uses. Section 4: The City of Saratoga Planning Commission hereby approves application MOD18- 0002, for the project located at 12768 Saratoga Avenue, subject to the Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 22nd day of August 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 53 Resolution No. 18-028 Exhibit 1 CONDITIONS OF APPROVAL FOR USE PERMIT MOD18-0002 FRENCH CULTURAL PRESCHOOL AT WESTHOPE PRESBYTERIAN CHURCH 12768 SARATOGA AVENUE GENERAL 1. The Planning Commission shall retain continuing jurisdiction over the Conditional Use Permit and may, at any time, modify, delete, or impose any new conditions of the permit to preserve the public health, safety and welfare. 2. Any modification or intensification of the uses under this Use Permit shall require a new or an amended the Conditional Use Permit. Examples of intensification of use include, but are not limited to, physical changes to the site or structure of the use to accommodate more employees or students and changes in operations or equipment that result in ongoing increases in traffic, noise, or other physical effects. 3. The Community Development Department shall review the Conditional Use Permit upon receipt of any complaints. Any non-compliance issues identified by the Community Development Department shall be reported to the Planning Commission. 4. The use shall at all times operate in compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdictional authority over the use pertaining to, but not limited to health, sanitation and safety. 5. 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 processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 6. 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. 54 Resolution No. 18-028 COMMUNITY DEVELOPMENT 7. Allowed Uses. This Conditional Use Permit allows the operation of a preschool within Westhope Presbyterian Church. The preschool would utilize approximately 1,655 square feet of floor area including six classrooms and bathrooms and approximately 2,500 square feet of enclosed outdoor play area. 8. Hours of Operation. The allowed hours of operation shall be from 8:00 AM to 5:30 PM Monday through Friday. 9. Number of Students. The maximum number of students on site at one time shall not exceed 45. 10. Number of Employees. The maximum number of employees on site at one time shall not exceed eight. 11. Parking. There shall be thirteen (13) parking spaces provided on-site. 12. Exterior Modification. No exterior modifications are proposed. Any change in the exterior may require review and approval by the Community Development Department or the Planning Commission depending on the scope of work. 13. Noise Standards. All noise levels shall at all times be compliant with City Code Article 7-30. 14. Signage. No signage is proposed. Signage shall comply with City Code Article 15-30 and may require review and approval by the Community Development Department. 15. Building Department. The applicant shall comply with all building standards including any tenant improvements necessary to comply with building code. 16. Fire Department. The applicant shall comply with any Fire Department requirements 55 .. Westhope f resb�terian Church "That all God's peo ple might tind a home." 12850 Saratoga Ave Saratoga, CA 9 5070 408-25 5-09 5 5 Westhopepres@_L:J ahoo.com RECEIVED JUL O 2 2018 CITY OF SARATOGA June 4, 2018 Dear City of Saratoga, God's grace and peace be with you all. I am writing on behalf of the Saratoga French Cultural Preschool who, Westhope is delighted to say, has found a home on our campus over the last four years. They are applying for a conditional use permit for our property (APN 386-14-016) with the intent of growing their wonderful preschool. We fully support this request. They have been such a good fit for the property and the larger community, and I think it is because of this good fit that they are ready to expand. The parents have been very excited about the school and the waiting list has grown over time. It is with joy that we request the expansion of their presence here. With their success and expanding enrollment it is clear that they will need to amend the conditional use permit to keep up with requests for registration. Our leadership has fully embraced and approved this project and certainly hope that you will grant the permit so that they can continue to grow. We understand that at this time they will expand to another 15 children and three adults. They have been granted the use of two more classrooms on our site as well as the restrooms. Because of space issues this will have to be their last expansion here. We remain excited about this project and have so enjoyed having them here on our campus. Thank you for your consideration of the SFCP, and if you have any questions please don't hesitate to contact me with the information above. Rev. Erik Swanson Pastor, Westhope Presbyterian Church Attachment 2 56 57 58 From:Marcia Fariss To:Nicole Johnson Subject:MOD18-0002 Date:Monday, August 13, 2018 9:18:53 AM Nicole, My only concern, of course, is traffic. Increasing the size of the preschool facility at Westhope Presbyterian means more cars (as well as more children). If possible, can the start and end times of the program work around the commute times in the morning and afternoon? Specifically, avoiding 8:15 through 9 AM and 2:45-3:30 PM . At those times, Saratoga, Cox and Fruitvale Avenues are bumper to bumper with gridlock occurring frequently. Thank you for considering my request. Marcia Fariss Saratoga Attachment 3 59 Attachment 4 60 REPORT TO THE PLANNING COMMISSION 12770 Saratoga Avenue Meeting Date: August 22, 2018 Application: PCUP18-0002 Address/APN: 12770 Saratoga Avenue (386-14-011) Property Owner: Prince of Peace Evangelical Lutheran Church of Saratoga From: Debbie Pedro, Community Development Director Report Prepared By: Victoria Hernandez 61 Report to the Planning Commission 12770 Saratoga Avenue – Application # PCUP18-0002 August 22, 2018 Page | 2 PROJECT DESCRIPTION The applicant is requesting a modification of an existing Conditional Use Permit to allow the All Bay Farmers’ Market Association to hold a Farmers’ Market in the southern parking lot area of the Prince of Peace Lutheran Church. STAFF RECOMMENDATION Adopt Resolution No.18-029 approving the project subject to conditions of approval included in Attachment 1. Pursuant to City Code Section 15-55.060, the Planning Commission shall consider all applications for Conditional Use Permits except for those uses identified in Section 15-55.065. PROJECT DATA Gross/Net Site Area: 123,300 sq. ft. (2.83 acres) Average Site Slope: Level Site General Plan Designation: CFS – Community Facilities Zoning: R-1-10,000 SURROUNDING LAND USES Westhope Presbyterian Church borders the site to the north. Multi-family residential (senior housing) borders the site to the east. Cox Avenue separates the site from the professional office uses to the south and Saratoga Avenue separates the site from the single-family residential uses to the west. BACKGROUND On June 8, 2011, the Planning Commission approved a Conditional Use Permit (CUP11-0003) to allow a Farmers’ Market to operate in the Saratoga Village at Blaney Plaza and the parking lot behind 14411 Big Basin Way (Parking District #3) on Wednesdays from 2:30 pm to 6:30 pm, with set-up occurring between 1:30 pm and 2:30 pm, and break-down occurring and between 6:30 pm and 7:30 pm. On March 25, 2015, the Planning Commission approved a modification (MOD15-0001) to the original use permit to reflect current operations of the Farmers’ Market at Blaney Plaza. The Farmers’ Market is open to the public on Wednesdays from 2:30 pm to 7:00 pm, with set-up occurring between 1:30 pm and 2:30 pm, and break-down occurring between 7:00 pm and 8:00 pm. On May 17, 2018, the Community Development Department received a Use Permit Modification application to relocate the Farmers’ Market to Prince of Peace Lutheran Church at 12770 Saratoga Avenue. The All Bay Farmers’ Market Association provided a letter stating that due to the lack of parking, Blaney Plaza is not a sustainable site for the Farmers’ Market (Attachment 2). According to the applicant, Prince of Peace Lutheran Church has a larger parking lot and would provide a long term, sustainable location for the market. Pastor Sara Pearson with the Prince of Peace Lutheran Church has also provided a letter (Attachment 3) and a detailed project description (Attachment 4) for the new Farmers’ Market location. The Conditional Use Permit will be modified to add Prince 62 Report to the Planning Commission 12770 Saratoga Avenue – Application # PCUP18-0002 August 22, 2018 Page | 3 of Peace Lutheran Church as the primary location for the Farmers’ Market and maintain the Blaney Plaza site as an alternative location. In the event that the market manager determines that one location is more successful than the other, it would afford them the flexibility to use either location in the future. DISCUSSION The Farmers’ Market would occupy the southern area of the Prince of Peace Lutheran Church parking lot. The parking lot contains 117 parking spaces, with one entrance on Saratoga Avenue that allows for two-way traffic, one entrance on Cox Avenue that allows for two-way traffic, and one additional entrance on Cox Avenue that allows for one-way traffic to enter the site. The one- way entrance on Cox Avenue would be closed to traffic during Farmers’ Market hours and 27 parking spaces would be used for the market. The remaining two entrances would remain open to traffic and 90 parking spaces would be available for use by the public. The Farmers’ Market would sell traditional market items including fruits, vegetables, and other consumables. Potential vendors would also sell arts and crafts. There would be up to 22 vendor booths, each approximately 10’ x 10’ in size. The applicant also proposes to have live music during the market hours. The recommended conditions of approval include required compliance with noise limitations and public health standards. Hours of Operation: The Farmers’ Market would be open to the public on Wednesdays from 2:00 pm to 7:00 pm. Set- up and break-down would occur between Noon and 2:00 pm and between 7:00 pm and 8:00 pm, respectively. During the winter months (November through March) the proposed market hours would be 1:30 pm to 6:00 pm. Winter set-up and break-down would occur between noon and 1:30 pm and between 6:00 pm and 7:00 pm, respectively. Parking and Traffic: The site contains 117 parking spaces. The vendor booths would occupy the southern parking lot area, utilizing 27 parking spaces from the lot, as shown in the site plan (Attachment 5), leaving 90 parking spaces available for use by the public attending the Farmers’ Market or other events at the church. Per City Code Section 15-35.030, Community Facilities require one parking space for each employee and such additional number of spaces as may be prescribed by the Planning Commission. The maximum number of vendors proposed for the site would be 22, requiring 22 parking spaces for the market vendors, however, most vendors would park their vehicles directly behind their booth and will not need a separate parking space. The applicant has noted in their project description (Attachment 4) that the church hosts an evening choir group which requires approximately 25 parking spaces at 7:00 pm, after the Farmers’ Market closes. The applicant also noted that one Wednesday a month the church hosts a 10-person meeting, requiring approximately 10 parking spaces beginning at 6:30 pm. At most, the church will require approximately 35 parking spaces toward the end of the market hours, leaving approximately 55 parking spaces available for the market attendees. Therefore, the parking provided meets the City’s parking requirements. 63 Report to the Planning Commission 12770 Saratoga Avenue – Application # PCUP18-0002 August 22, 2018 Page | 4 The site would maintain one entrance/exit on Saratoga Avenue and one entrance/exit on Cox Avenue, allowing for market attendees, as well as church event attendees, to enter and exit the site from both streets. The projected traffic for this proposal was reviewed by the Public Works Department and found to be minimal. No significant traffic interruption is anticipated from the project. Signage: The applicant is proposing to announce the new location of the Farmers’ Market with a temporary banner on the existing 5-foot by 3-foot banner holder located on the property adjacent to Cox Avenue during the opening month of the market. Pursuant to City Code Section 15-30.120(c), the proposed temporary banner does not require a sign permit. FINDINGS The findings required for issuance of a Conditional Use Permit Approval pursuant to City Code Section Article 15-55.070 are set forth below. Staff believes the applicant’s project has met the burden of proof to support the findings required for approval of a Use Permit under Article 15-55 of the City Code, as shown below: a) The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. This finding can be made in the affirmative in that a Community Facility is a conditionally permitted use in a residential district. The Farmers’ Market use is classified as a Community Facility pursuant to City Code Section 15-05.055(b). The Farmers’ Market provides residents with access to fresh produce, opportunities for community engagement, and helps support local farmers. One purpose of the residential district is to provide space for community facilities needed to complement residential areas and for institutions, which require a residential environment. b) The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. This finding can be made in the affirmative in that the Conditional Use Permit includes conditions of approval to ensure compliance with all applicable health and safety codes. The applicant will be required to comply with all applicable building and fire code standards. The proposed project shall operate with all required permits and meet all requirements of the Santa Clara County Department of Environmental Health. c) The proposed conditional use will comply with each of the applicable provisions of the Saratoga Municipal Code. This finding can be made in the affirmative in that the Conditional Use permit includes conditions of approval to ensure compliance with zoning requirements. Any intensification of this use will require an amended Conditional Use Permit. The City shall retain continuing 64 Report to the Planning Commission 12770 Saratoga Avenue – Application # PCUP18-0002 August 22, 2018 Page | 5 jurisdiction over the Conditional Use Permit and may, at any time, modify, delete, or impose, any new conditions of the permit to preserve the public health, safety, and welfare. d) The proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. This finding can be made in the affirmative in that the market will be open to the public one day per week between the hours of 2:00 pm to 7:00 pm from April through October and between the hours of 1:30 pm to 6:00 pm from November through March to avoid excessive overlap with activities at the Prince of Peace Lutheran Church. Furthermore, all operations must be completely broken down by 8:00 pm. The applicant is required to comply with all City standards including noise limitations. NEIGHBOR NOTIFICATION Public notices were sent to property owners within 500 feet of project site. In addition, a public hearing notice and project description was published in the Saratoga News. One resident has submitted an email expressing concerns including traffic, parking, and cost of the offerings at the Farmers’ Market (Attachment 6). ENVIRONMENTAL DETERMINATION The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304, “ Minor Alterations to Land”, Class 4 (e) of the Public Resources Code. This exemption allows for minor temporary use of land having negligible or no permanent effects on the environment. The project would include the operation of temporary vendor booths that would be dismantled at the end of the day of operation. ATTACHMENTS 1. Resolution of Approval No. 18-029 2. Letter from All Bay Farmers’ Market Association 3. Letter from Pastor Sara Pearson, Applicant 4. Project Description from Applicant 5. Reduced Site Plan “Exhibit A” (received May 17, 2018) 6. Email from Resident 65 RESOLUTION NO: 18-029 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING A MODIFICATION OF A CONDITIONAL USE PERMIT PCUP18-0002 12770 SARATOGA AVENUE WHEREAS, on May 17, 2018, the property owner/applicant submitted an application requesting modification of a Conditional Use Permit to relocate the Farmers’ Market from the Saratoga Village Blaney Plaza to the southern parking lot at Prince of Peace Lutheran Church located at 12770 Saratoga Avenue (APN 386-14-011). WHEREAS, the Farmer’s Market will be located at Prince of Peace Lutheran Church and Blaney Plaza will serve as an alternate location provided that the Farmers’ Market may operate in only one of the two approved locations at any given time. 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 August 22, 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 California Environmental Quality Act (CEQA) pursuant to Section 15304, “ Minor Alterations to Land”, Class 4 (e) of the Public Resources Code (CEQA). This exemption allows for minor temporary use of land having negligible or no permanent effects on the environment. Section 3: The applicant’s project has met the burden of proof to support the findings required for approval of a Conditional Use Permit under Article 15-55 of the City Code, as set forth below: a)That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. This finding can be made in the affirmative in that a Community Facility is a conditionally permitted use in a residential district. The Farmers’ Market use is classified as a Community Facility pursuant to City Code Section 15-05.055(b). The farmer’s market provides residents with access to fresh produce, opportunities for community engagement, and helps support local farmers. One purpose of the residential district is to provide space for community facilities needed to complement residential areas and for institutions, which require a residential environment. Attachment 1 66 Resolution No. 18-029 b) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. This finding can be made in the affirmative in that the Conditional Use Permit includes conditions of approval to ensure compliance with all applicable health and safety codes. The applicant will be required to comply with all applicable building and fire code standards. The proposed project shall operate with all required permits and meet all requirements of the Santa Clara County Department of Environmental Health. c) That the proposed conditional use will comply with each of the applicable provisions of this Zoning Ordinance. This finding can be made in the affirmative in that the Conditional Use permit includes conditions of approval to ensure compliance with zoning requirements. Any intensification of this use will require an amended Conditional Use Permit. The City shall retain continuing jurisdiction over the Conditional Use Permit and may, at any time, modify, delete, or impose, any new conditions of the permit to preserve the public health, safety, and welfare. d) That the proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. This finding can be made in the affirmative in that the market will be open to the public one day per week between the hours of 2:00 pm to 7:00 pm from April through October and between the hours of 1:30 pm to 6:00 pm from November through March to avoid excessive overlap with activities at the Prince of Peace Lutheran Church. Furthermore, all operations must be completely broken down by 8:00 pm. The applicant is required to comply with all City standards including noise limitations. Section 4: The City of Saratoga Planning Commission hereby approves PCUP18-0002, for the project located at 12770 Saratoga Avenue, subject to the Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 22nd day of August 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Joyce Hlava Chair, Planning Commission 67 Resolution No. 18-029 Exhibit 1 CONDITIONS OF APPROVAL FOR USE PERMIT PCUP18-0002 ALL BAY FARMERS’ MARKET ASSOCIATION, SARATOGA FARMERS’ MARKET 12770 SARATOGA AVENUE GENERAL 1. The Planning Commission shall retain continuing jurisdiction over the Conditional Use Permit and may, at any time, modify, delete, or impose, any new conditions of the permit to preserve the public health, safety, and welfare. 2. Any modification or intensification of the uses under this Use Permit shall require a new or an amended Conditional Use Permit. Examples of intensification of use include, but are not limited to, physical changes to the site or structure of the use to accommodate more employees or customers, and changes in operations or equipment that result in ongoing increases in traffic, noise, or other physical effects. 3. The Community Development Department shall review the Conditional Use Permit upon receipt of any complaints. Any non-compliance issues identified by the Community Development Department shall be reported to the Planning Commission. 4. The use shall at all times operate in compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdictional authority over the use pertaining to, but not limited to health, sanitation and safety. 5. 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 processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 6. 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. 68 Resolution No. 18-029 COMMUNITY DEVELOPMENT 7. Allowed Uses. This Conditional Use Permit allows the operation of a Farmers’ Market in the southern parking lot area of Prince of Peace Lutheran Church located at 12770 Saratoga Avenue. The previously approved Farmers’ Market at the Saratoga Village Blaney Plaza shall remain as an alternate location provided that the Farmers’ Market may operate in only one of the two approved locations at any given time. 8. Compliance with Plans. Prince of Peace Lutheran Church location: The uses and development located at 12770 Saratoga Avenue shall be operated, located and constructed to include only those features as shown on the Approved Plans and denominated Exhibit "A" dated May 17, 2018 incorporated by this reference. Blaney Plaza location: All conditions of approval contained in Resolution No. 15-007 shall apply. The uses and development located at Blaney Plaza shall be operated, located and constructed to include only those features as shown on the Approved Plans incorporated in Planning Commission Resolution No. 15-007. 9. Hours of Operation. The Farmers’ Market shall be open to the public on Wednesdays from 2:00 pm to 7:00 pm. Set-up and break-down shall occur between Noon and 2:00 pm and between 7:00 pm and 8:00 pm, respectively. During the winter (November through March) the Farmers’ Market shall be open to the public on Wednesdays from 1:30 pm to 6:00 pm. During the months of November through March set-up and break-down shall occur between noon and 1:00 pm and 6:00 pm and 7:00 pm, respectively. 10. Vendors. The Farmers’ Market shall operate as represented on the Use Permit application with a maximum of twenty-two (22) vendors located at 12770 Saratoga Avenue. 11. Music. Music may be played during the hours which the Farmers’ Market is open to the public and shall comply with all applicable City Codes and noise standards. 12. Signage. No permanent signage is proposed. Signage shall comply with City Code Article 15- 30 and may require review and approval by the Community Development Department. 13. Refuse. All vendors and Farmers’ Market operators shall remove all trash from their booths and vendor areas prior to 8:00 pm on the day of the marketplace event. 14. Noise Standards. Farmers’ Market operations shall at all times be compliant with City Code Article 7-30. 15. Public Works and Building Departments. The applicant shall comply with all Public Works and Building Department requirements including ensuring accessibility and safety in the project site and the adjacent public right-of-way. 16. Fire Department. The applicant shall comply with all Fire Department requirements. 17. Environmental Health Department. The applicant shall comply with all Santa Clara County Environmental Health Permit requirements. 69 Attachment 2 70 Prince of Peace Lutheran Church 12770 Saratoga Ave. Saratoga, California 95070 408-253-7167 office@propeace.org www.propeace.org RECEIVED CITY OF �ARATOGA Saratoga City Planning 13777 Fruitvale Av Saratoga, California 95070 Re: Parking lot use for Wednesday Community Farmer's Market RECEIVED, HAY '1 7 lU18 _CITY OF SARATOGAMay 2, 2018 Prince of Peace is requesting a permit to use our existing parking lot for a Community Farmer's Market. The market would operate all year from 2pm to 7pm on Wednesdays. Hours would be reduced during the winter. Prince of Peace's parking lot offers an ideal location. We have a section that is located on Cox Avenue that would easily be blocked to through traffic during the market, while allowing entry to the lot further down Cox. Up to 10 cars could be lined up to enter the lot without blocking through traffic on Cox or Saratoga. In addition, we have another parking lot entrance from the Saratoga side with even more room for cars to line up without blocking traffic. Please see the property map attached. We estimate thatthe market will bring75-100cars per hour to oufparking lot with two· entrances. For comparison, our Sunday morning worship services bring 50-75 cars through the same two entrances in 15 minute bursts without impact to the surrounding neighborhood. Thank you for your consideration. Slncert*� � Sara Pearson ( Pastor Prince of Peace Lutheran Church Attachment 3 71 Prince of Peace Lutheran Church 12770 Saratoga Ave. Saratoga, California 95070 408-253-7167 office@propeace.org www.propeace.org Saratoga City Planning 13777 Fruitvale Ave. Saratoga, California 95070 RE: Addendum to “Parking lot use for Wednesday Community Farmer’s Market” dated May 2, 2018 August 9, 2018 VENDOR LAYOUT: The maximum number of vendors proposed for the site is 22, however 15-20 is more likely. Vendor booths are 10 foot x 10 foot square. Vehicles will be allowed to park behind the booths, but not all of them will fit. There will be two rows of booths, facing each other, with a center aisle. Overflow vehicles can park in the regular lot. HOURS: The market will operate year round. During most of the year the market would be open 2pm to 7pm with vendor set-up taking place Noon to 1:30 and clean-up: 7-8pm. During the winter (approx. November to March) the market hours would shift and shorten to 1:30-6pm. However, set-up would also shorten to noon to 1pm arrival and 6- 7pm clean-up. OTHER ACTIVITIES: Prince of Peace is a busy community center, but Wednesday is less busy than others. There is a Wednesday evening choir group with approximately 25 cars that will be arriving at the end of the market. Their practice time is 7-9pm. Once per month there is a church meeting with up to 10 participants, beginning at 6:30 pm. We do not have a pre-school onsite. Up to 5 teachers from the Challenger School located on Cox Ave. park in the Prince of Peace lot during work hours. SIGNAGE: All signage will be temporary. A-frames and cones blocking parking lot entrance closest to Cox & Saratoga. The entrance on Cox Avenue closer to the retirement community will Attachment 4 72 remain open. We may use the existing 5 foot x 3 foot banner holder on the Cox Ave side of the lot, especially for the opening month. MUSIC/NOISE: There will often be music during the market. M usicians will be on the Cox & Saratoga end of the market. Usually a musician will be amplified but performing on low volume to enable conversation between vendors and customers. Prince of Peace is excited to work with the Market manager to provide music during the event. Many musical groups use our facilities for rehearsals. VENDORS: The market will primarily focus on locally produced fruits, vegetables, and food products. In addition, there is potential to have craftspeople participate in the Market on a rotating or seasonal basis, much like a craft fair. Current regular participants include: 1. Resendez farms - stone fruit (peaches, nectarines, melons) 2. Esquievel - organic vegetables 3. Bay fresh producer - strawberries 4. P&K farms - organic strawberries, blueberries, raspberries 5. Little Sky bakery - all natural breads 6. 43 & Co. - savory baked goods & sweet 7. Big Paw - Olive oils & vinegars 8. Hummus Heaven - hummus, pita, Mediterranean fare: couscous, salads, yogurt 9. Thai Street food - hot food -skewers, chicken, rice bowls 10. Oaxacan tamales - hot food - (wrapped in banana leaf for extra flavor) 11. Whiskey Oak seasonings - smoked salts, sugars, & rubs Potential vendors for the future: 1. Handbags 2. Skincare 3. Bon Ami -- French bakery: breads & pastries 4. Nousa’s - baklava & cookies 5. Makinny’s Abe - Filipino hot food 6. Giving pies - pies that give back to youth sports 73 ;. 1;� i �---'--UM.�4W -,,· ·-· -A• -r••i ----·-·------- SITE TABULATION : • 12;3 Joo·t SO.FT.c I. SITE :•AAEA • 17' oz'� • • l°le % A!8'Jh:01NG COVERAGE �2 <JOI � r -4Z,9,t 8.LAN0SCAPE COVERAG( �'37� • -0.3¥C.PAVING/WA.LKS � 2. PARKING STALLS 3. APN: 386·14·011 117 �-ZbNING : AGRICULTURAL 11-,v-,1/l'J "I Attachment 5 "Exhibit A" 74 From:Marcia Fariss To:Victoria Hernandez Subject:PCUP18-0002 Planning Commission item Date:Thursday, August 9, 2018 4:35:30 PM Please share this with all the Planning Commissioners; thank you very much, Victoria. Saratoga Planning Commissioners, I wholeheartedly support Farmers’ Markets and frequent them because of the quality and quantity of their produce as well as the variety of unique offerings. However, I have several concerns about the proposed Prince of Peace Farmers’ Market: 1.We already have 2 Farmers’ Markets in Saratoga. IMHO, we do not need a third one. 2.There is limited parking available at the POP site. 3.The traffic on Cox and Saratoga Avenues is already heavily impacted, and at commute times is frequently already near gridlock. 4.The residents of the senior housing next door (Saratoga Court) would likely be adversely affected by all the traffic and perhaps the noise as well. 5.Lastly, if the proposed market is typical, the cost of their offerings will likely be out of reach for their closest customers (the residents of Saratoga Court). I am not concerned about the noise that might be generated as I suspect it will be minimal for anyone except those abutting the POP parking lot. If Prince of Peace wants to enhance their revenue flow, I urge them to consider another, different activity. If the Farmers’ Market were once a year, I would not have the concerns expressed above; a weekly event is another situation entirely. Thank you for considering my thoughts on the Prince of Peace Farmers’ Market. Marcia Fariss Saratoga Glen Place Attachment 6 75