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Home My WebLink About070820 Planning Commission packetSaratoga Planning commission Agenda – Page 1 of 3 SARATOGA PLANNING COMMISSION REGULAR MEETING JULY 08, 2020 7:00 PM PLANNING COMMISSION REGULAR MEETING Civic Theater | 13777 Fruitvale Avenue, Saratoga Ca 95070 PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of MONTH 00, 0000. Approval of Minutes Recommended Action: Approve Minutes from the Regular Planning Commission Meeting of June 10, 2020. 061020 Draft Minutes ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the Planning Commission for up to three (3) minutes on matters not on this agenda. This law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications. REPORT ON APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision. 1.NEW BUSINESS 2.PUBLIC HEARING Applicants and/or their representatives have a total of ten (10) minutes maximum for opening statements. All interested persons may appear and be heard during this meeting regarding the items on this agenda. If items on this agenda are challenged in court, members of the public may be limited to raising only issues raised at the Public Hearing or in written correspondence delivered to the Planning Commission at, or prior to the close of the Public Hearing. Members of the public may comment on any item for up to three (3) minutes. Applicants and/or their representatives have a total of five (5) minutes maximum for closing statements. 1 Saratoga Planning commission Agenda – Page 2 of 3 2.1. Application PDR19-0033/ARB19-0072; Monte Vista Drive (397-08-057); Venkata Yella Trustee Et Al – The applicant is requesting Design Review approval to construct a 5,671.5 square foot single story residence. The height of the residence will not exceed 24’. Seventeen protected trees are requested for removal. The site is R-1-40,000 with a General Plan Designation of RVLD (Residential Very Low Density). Recommended Action: Adopt Resolution No. 20-009 approving the proposed residence subject to conditions of approval included in Attachment 1. Staff Report Attachment 1-Resolution 20-009 Attachment 2- Material Board Attachment 3- Arborist Report Attachment 4 - Neighbor Comments Attachment 5-Story Pole Certificate Attachment 6- Project Plans 2.2. Application ZOA20-0002 – City Code Amendments (City Wide): Amendments to Saratoga City Code Article 15-56 (Accessory Dwelling units) pursuant to State Legislation. These amendments include reducing onsite parking requirements for accessory dwelling units; allowing detached accessory dwelling units to be located within side and rear setback areas of parcels located in residential zoning districts subject to height and floor area limitations; the elimination of minimum parcel size requirements; allowing both a Junior Accessory Dwelling Unit and a Detached Accessory Dwelling Unit to be located on a single-family zoned parcel; allowing a lot with a multifamily dwelling to have two detached accessory dwelling units subject to setback, height, and floor area limitations; the conversion of existing non-livable space within a multifamily dwelling to accessory dwelling units; restricting the use of accessory dwelling units as short-term rentals; removing the owner-occupancy restrictions on parcels which contain an accessory dwelling unit; and reducing the time period that the City must act on an accessory dwelling unit application from 120 days to 60 days. Staff contact: Christopher Riordan: (408) 868-1235 or criordan@saratoga.ca.us. Recommended Action: Adopt Resolution No. 20-011 recommending the City Council adopt an ordinance amending Article 15-56 of the Saratoga City Code (Accessory Dwelling Units). Staff Report Attachment 1 - Resolution No. 20-011 DIRECTOR ITEMS City Attorney Communications Supplemental Item #1 - City Attorney Email COMMISSION ITEMS ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA 2 Saratoga Planning commission Agenda – Page 3 of 3 I, Janet Costa, Office Specialist III 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 MONTH 00, 0000 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. Signed this 00th day of MONTH 0000 at Saratoga, California. Janet Costa, Office Specialist III 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 3 Saratoga Planning Commission Draft Minutes – Page 1 of 3 DRAFT MINUTES WEDNESDAY, JUNE 10, 2020 SARATOGA PLANNING COMMISSION REGULAR MEETING Chair Mohiuddin called the virtual Regular Meeting to order at 7:00 p.m. via teleconferencing through Zoom. Prior to Roll Call, the Chair and Community Development Director explained that the Planning Commission meeting was conducted pursuant to provisions of the Brown Act and a recent Executive Order issued by the Governor to facilitate teleconferencing to reduce the risk of COVID-19 transmission at public meetings. Ordinarily the Brown Act sets strict rules for teleconferencing. The Governor’s Executive Order has suspended those rules. The Executive Order does require that public agencies continue to notice meetings in advance and provide members of the public an opportunity to observe the meeting and offer public comment. The Planning Commission met all the applicable notice requirements and the public is welcome to participate in this meeting. Information on how the public can observe the meeting and provide public comment was also shared. Additionally, the Chair explained that votes would be taken through roll call. ROLL CALL PRESENT:Chair Razi Mohiuddin, Commissioners Sunil Ahuja, Kookie Fitzsimmons, Anjali Kausar, Tina Walia and Herman Zheng ABSENT: None ALSO PRESENT:Debbie Pedro, Community Development Director Nicole Johnson, Senior Planner Bill Parkin, City Attorney APPROVAL OF MINUTES Action Minutes from the Regular Planning Commission Meeting of May 27, 2020. Recommended Action: Approve Minutes of Regular Planning Commission Meeting of May 27, 2020. KAUSAR/AHUJA MOVED TO APPROVE THE MINUTES OF THE MAY 27, 2020 MEETING. MOTION PASSED. AYES: AHUJA, FITZSIMMONS, KAUSAR, MOHIUDDIN, WALIA, ZHENG. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEM: None Chair Mohiuddin requested that Agenda Item 2.1 be re-ordered before Item 1.1. AHUJA/KAUSAR MOVED TO HEAR AGENDA ITEM 2.1 BE BEFORE ITEM 1.1. MOTION PASSED. AYES: AHUJA, FITZSIMMONS, KAUSAR, MOHIUDDIN, WALIA, ZHENG. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 2.PUBLIC HEARING 2.1 Application PDR19-0034/ARB19-0073; 18530 Marshall Lane (397-02-033); Munamala Govardhan Trustee & Et Al– The applicant is requesting Design Review 4 Saratoga Planning Commission Draft Minutes – Page 2 of 3 approval to construct a 5,653 square foot two story residence and a 1,087 square foot detached accessory dwelling unit (ADU). The height of the residence will not exceed 26’. Eleven (11) protected trees are proposed for removal. The site is zoned R-1-40,000 with a General Plan Designation of RVLD (Residential Very Low Density). Staff Contact: Nicole Johnson (408) 868-1209 or njohnson@saratoga.ca.us Recommended Action: Adopt Resolution No. 20-008 approving the proposed residence and detached ADU subject to conditions of approval included in Attachment 1. FITZSIMMONS/AHUJA MOVED TO ADOPT RESOLUTION NO. 20-008, APPROVING APPLICATION PDR19-0034 SUBJECT TO THE CONDITIONS OF APPROVAL. MOTION PASSED. AYES: AHUJA, FITZSIMMONS, KAUSAR, MOHIUDDIN, WALIA, ZHENG. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. NEW BUSINESS WALIA/FITZSIMMONS MOVED TO POSTPONE THE VICE CHAIR ELECTION UNTIL A NEW COMMISSIONER IS APPOINTED. MOTION FAILED. AYES: FITZSIMMONS, WALIA, ZHENG. NOES: AHUJA, KAUSAR, MOHIUDDIN. ABSENT: NONE. ABSTAIN: NONE. 1.1 Election of Vice-Chair AHUJA/MOHIUDDIN motioned to nominate Anjali Kausar as Vice Chair. FITZSIMMONS/WALIA motioned to nominate Herman Zheng as Vice-Chair. FITZSIMMONS/WALIA MOVED TO NOMINATE COMMISSIONER ZHENG AS VICE CHAIR. MOTION FAILED. AYES: FITZSIMMONS, WALIA. NOES: AHUJA, KAUSAR, MOHIUDDIN. ABSENT: NONE. ABSTAIN: ZHENG. AHUJA/MOHIUDDIN MOVED TO NOMINATE COMMISSIONER KAUSAR AS VICE CHAIR.MOTION PASSED. AYES: AHUJA, KAUSAR, MOHIUDDIN. NOES: FITZSIMMONS, WALIA. ABSENT: NONE. ABSTAIN: ZHENG. DIRECTOR ITEMS: None. COMMISSION ITEMS: Commissioner Walia requested responses on two questions. 1) Is a straw poll legal at a Planning Commission meeting? 2) Can the February 22, 2020 meeting minutes be changed to note that a straw poll was taken at the meeting? The Commission directed staff to work with the City Attorney on responses to the two questions. 5 Saratoga Planning Commission Draft Minutes – Page 3 of 3 Commissioners Walia and Fitzsimmons requested paper packets for the next meeting, including ledger sized (11”x17”) project plans. Commissioner Kausar thanked the Commission for electing her Vice Chair and is grateful to be on the Planning Commission and serve Saratoga residents. ADJOURNMENT FITZSIMMONS MOVED TO ADJOURN THE MEETING AT 8:15 PM. Minutes respectfully submitted: Frances Reed, Administrative Assistant City of Saratoga 6 REPORT TO THE PLANNING COMMISSION Meeting Date: July 8, 2020 Application: PDR19-0033/ARB19-0072 Address/APN: Monte Vista Drive/397-08-057 Property Owner: Venkata Yella Trustee & Et Al From: Debbie Pedro, Community Development Director Report Prepared By: Nicole Johnson, Senior Planner 7 Report to the Planning Commission Monte Vista Drive (397-08-057) Application # PDR19-0033/ARB19-0072 July 8, 2020 Page | 2 PROJECT DESCRIPTION The applicant is requesting Design Review approval to construct a 5,671.5 square foot single story residence. The height of the residence will not exceed 24’. Seventeen protected trees are requested for removal. STAFF RECOMMENDATION Adopt Resolution No. 20-009 approving the proposed residence subject to conditions of approval included in Attachment 1. Pursuant to City Code Section 15-45.060(a)(3), Design Review Approval by the Planning Commission is required because the project is a residence that exceeds 18’ in height. PROJECT DATA Gross/Net Site Area: 41,089 sq. ft. Average Site Slope: <10% General Plan Designation: RVLD (Residential Very Low Density) Zoning: R-1-40,000 Proposed Allowed/Required Site Coverage Residence/Garage Loggia Permeable Driveway/Patios/walkways Total Proposed Site Coverage 5,671.5 sq. ft. 629.5 sq. ft. 2,660 sq. ft. 8,961 sq. ft. 14,381 sq. ft. (35%) Floor Area First Floor Garage Enclosed Porch Total Proposed Floor Area 4,775 sq. ft. 799 sq. ft. 97.5 sq. ft. 5,671.5 sq. ft. 6,020 sq. ft. Height 24’ 26’ Setbacks Front: Exterior Side: Interior Side: Rear: 1st Floor 32’6” 27’0” 46’1” 79’3” 1st Floor 30’ 25’ 25’ 20’ Grading Cut 70 CY Fill 70 CY Export 0 CY No grading limit in the R-1-40,000 zoning district 8 Report to the Planning Commission Monte Vista Drive (397-08-057) Application # PDR19-0033/ARB19-0072 July 8, 2020 Page | 3 SITE CHARACTERISTICS AND PROJECT DESCRIPTION Site Description The subject property is a vacant lot at the Southeast corner of Monte Vista Drive and Montewood Drive, in the R-1-40,000 zoning district. The property was created as a part of a twenty-five lot subdivision in 1962. The surrounding uses consist of single-family residences on the north and west, east and south. Fifty trees protected by the Saratoga City Code, were inventoried on the site by the project arborist. Project Description The proposed project includes a 4,775 square foot single story residence that would consist of a foyer, dining room, family room, kitchen, mud room, pantry, living room, bonus room, four bedrooms, a master suite, a 799 square foot garage and a 97.5 square foot enclosed front porch. Architecture/Design The project would have a contemporary architectural style. Exterior materials and colors would consist of stucco siding and a clay tile roof. The variety of exterior materials and varying roof heights provides architectural articulation to break up the mass of the home. The applicant has provided a color and materials board (Attachment 2). Below is a list of the proposed exterior materials. Detail Colors and Materials Exterior Stucco (Nevada sand) Windows Wood Clad (mown hay) Doors Wood Clad (mown hay) Roof Clay Tile (old Sedona blend) Trees The project arborist inventoried fifty protected trees on the property. Seventeen protected trees will be removed and the remainder within the vicinity of the construction site will be protected prior to building permit issuance and throughout the duration of the project. The applicant is required to place a tree security deposit of $14,385 and install tree protection fencing on the site. Details of the arborist report findings and descriptions of the trees to be preserved are included in the Arborist Report (Attachment 3). Landscaping The majority of the existing landscaping is proposed to remain on the site. The applicant will be required to demonstrate compliance with the Water Efficient Landscape Ordinance when the application is submitted to the Building Department. Geotechnical Review The proposed location of the residence is not located in a geo hazard zone therefore Geotechnical review was not required. 9 Report to the Planning Commission Monte Vista Drive (397-08-057) Application # PDR19-0033/ARB19-0072 July 8, 2020 Page | 4 FINDINGS The findings required for issuance of a Design Review Approval pursuant to City Code Section Article 15-45.080 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: a. Site development follows the natural contours of the site, minimizes grading, and is appropriate given the property’s natural constraints. This finding can be made in the affirmative in that the project minimizes changes to the contours of the site. Grading will be limited to the location of the new home, driveway, and walkways. b. All protected trees shall be preserved, as provided in Article 15-50 (Tree Regulations). If constraints exist on the property, the number of protected trees, heritage trees, and native trees approved for removal shall be reduced to an absolute minimum. Removal of any smaller oak trees deemed to be in good health by the City Arborist shall be minimized using the criteria set forth in Section 15-50.080. This finding can be made in the affirmative in that the City Arborist has reviewed and recommends approval for the proposed removal of seventeen protected trees. The number of trees to be removed is being kept to a minimum and limited to trees that are in poor condition and in conflict with the location of the project. A total of thirty-three protected trees will remain on the site. 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 home has a proposed height does not exceed the maximum allowable height for a single-family residence and proposed setbacks that are greater than the minimum required by the zoning district. No community viewsheds are located in the vicinity of the project. d. The overall mass and height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood. This finding can be made in the affirmative in that the project will create a single-story residence in a neighborhood with both one and two-story structures. The project includes architectural elements consistent with the contemporary architectural style which are in scale with the structure and the neighborhood. e. The landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape. This finding can be made in the affirmative in that the hardscape will be less than 50% of the front and exterior side setback area and limited to a driveway and walkway. 10 Report to the Planning Commission Monte Vista Drive (397-08-057) Application # PDR19-0033/ARB19-0072 July 8, 2020 Page | 5 f. Development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy. This finding can be made in the affirmative in that the development will not unreasonably impair the ability of adjoining properties to utilize solar energy as the project exceeds required setbacks and has a proposed height that does not exceed the maximum allowable height for a single-family residence. 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. In addition, the proposed materials, colors, and details enhance the architecture in a well-composed manner which is complementary to the architectural style of the home. 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 can be made in the affirmative because the property is not a hillside lot. Neighbor Notification and Correspondence A public notice was sent to property owners within 500 feet of the site. In addition, the public hearing notice and description of the project was published in the Saratoga News. The applicant submitted five completed neighborhood notification forms, none of which had any negative project related comments (Attachment 4). 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, including small structures. The project, as proposed, is for the construction of a new home in a suburban, residential area. ATTACHMENTS 1. Resolution No. 20-009 2. Material Board 3. Arborist Report 4. Neighbor Comments 5. Story Pole Certification 6. Project Plans 11 At RESOLUTION NO: 20-009 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING DESIGN REVIEW PDR19-0033 AND ARBORIST REPORT ARB19-0072 MONTE VISTA DRIVE (APN 397-08-057) WHEREAS, on December 20, 2019 an application was submitted by Venkata Yella Trustee & Et Al requesting Design Review approval to construct a 5,671.1 square single-story residence located on Monte Vista Drive (APN 397-08-057). Seventeen protected trees are proposed for removal. The site is located within the R-1-40,000 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 July 8, 2020 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 a single- family residence and small structures in a residential area. Section 3: The proposed residence 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 proposed residence 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 12 Monte Vista Drive Application # PDR19-0033/ARB19-0072 Resolution #20-009 Page | 2 Section 5: The City of Saratoga Planning Commission hereby approves PDR19- 0033/ARB19-0072 located on Monte Vista (APN 397-08-057), subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 8th day of July 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Razi Mohiuddin Chair, Planning Commission 13 Monte Vista Drive Application # PDR19-0033/ARB19-0072 Resolution #20-009 Page | 3 Exhibit 1 CONDITIONS OF APPROVAL PDR19-0033/ARB19-0072 MONTE VISTA DRIVE (APN 397-08-057) 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. 14 Monte Vista Drive Application # PDR19-0033/ARB19-0072 Resolution #20-009 Page | 4 COMMUNITY DEVELOPMENT DEPARTMENT 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. 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. 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: 15 Monte Vista Drive Application # PDR19-0033/ARB19-0072 Resolution #20-009 Page | 5 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. Front and exterior side yard landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Department valued at 150% of the estimated cost of the installation of such landscaping shall be provided to the City. 13. 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. 14. A Building Permit must be issued, and construction commenced within 36 months from the date of adoption of this Resolution or the Design Review Approval will expire unless extended in accordance with the City Code. FIRE DEPARTMENT 15. The owner/applicant shall comply with all Fire Department requirements. ARBORIST 16. All requirements in the City Arborist report dated April 27, 2020 are hereby adopted as conditions of approval and shall be implemented as part of the approved plans. ENGINEERING/PUBLIC WORKS 17. 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. 16 Monte Vista Drive Application # PDR19-0033/ARB19-0072 Resolution #20-009 Page | 6 18. 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. 19. Applicant / Owner shall make the following improvements in the City right-of-way: a. Replace the damaged concrete pavement panel section in the flowline at the corner of Montewood Dr. and Monte Vista Dr. See City of Saratoga Standard Details for removal and new installation. New flow line shall conform to existing flow lines and grade. 20. Damages to driveway approach, curb and gutter, public streets, or other public improvements during construction shall be repaired prior to final inspection. 21. All new/upgraded utilities shall be installed underground. 22. Applicant / Owner shall maintain the streets, sidewalks and other right of way as well as adjacent properties, both public and private, in a clean, safe and usable condition. All spills of soil, rock or construction debris shall be removed immediately. 23. The Owner/Applicant shall incorporate adequate source control measures to limit pollutant generation, discharge, and runoff (e.g. landscaping that minimizes irrigation and runoff, promotes surface infiltration where possible, minimizes the use of pesticides and fertilizers, and incorporates appropriate sustainable landscaping practices and programs, such as Bay-Friendly Landscaping). 24. All building and construction related activities shall adhere to New Development and Construction – Best Management Practices as adopted by the City for the purpose of preventing storm water pollution: • Owner shall implement construction site inspection and control to prevent construction site discharges of pollutants into the storm drains per approved Erosion Control Plan. • The City requires the construction sites to maintain year-round effective erosion control, run-on and run-off control, sediment control, good site management, and non-storm water management through all phases of construction (including, but not limited to, site grading, building, and finishing of lots) until the site is fully stabilized by landscaping or the installation of permanent erosion control measures. • City will conduct inspections to determine compliance and determine the effectiveness of the BMPs in preventing the discharge of construction pollutants into the storm drain. Owner shall be required to timely correct all actual and potential discharges observed. 25. Prior to foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans. 17 Monte Vista Drive Application # PDR19-0033/ARB19-0072 Resolution #20-009 Page | 7 26. Prior to the Building final, all Public Works conditions shall be completed per approved plans. 27. Upon the completion of this project the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor and verified by the City's building inspector to be properly elevated. Such certification and verification shall be provided to the City’s Floodplain Administrator. BUILDING DEPARTMENT SUBMITTAL 28. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department. b. Arborist Report dated April 27, 2020 printed onto a separate plan page; and c. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. d. This signed and dated Resolution printed onto separate construction plan pages. e. The site plan shall contain a note with the following language: “Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks comply with the Approved Plans,” which note shall represent a condition which must be satisfied to remain in compliance with this Design Review Approval. 18 Attachment 2 19 Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 www.saratoga.ca.us/171/trees 408.868.1276 CITY OF SARATOGA ARBORIST APPROVAL Conditions of Approval and Tree Protection Plan Prepared by Kate Bear, City Arborist Application No. Phone: (408) 868-1276 Address: Email: kbear@saratoga.ca.us Owner: ARB19-0072 Monte Vista Drive Venkata Yella APN:397-08-057 Date: April 27, 2020 PROJECT SCOPE: The applicant has submitted plans to build a new one story home with attached three car garage on a vacant lot. Seventeen trees protected by City Code (14, 18 - 20, 28 - 33, 43, 46, 47, 50, 51, 52 and 62) are requested for removal to construct the project. PROJECT DATA IN BRIEF: ATTACHMENTS: 1 – Findings and Tree Information 2 – Tree Removal Criteria 3 – Conditions of Approval 4 – Map Showing Tree Protection Tree security deposit – Required - $14,385 Tree protection – Required – See Conditions of Approval and attached map. Tree removals – Trees 14, 18 - 20, 28 - 33, 43, 46, 47, 50, 51, 52 and 62 are approved for removal once building permits have been issued. Replacement trees – Required = $28,770 Attachment 3 20 Monte Vista Drive Attachment 1 FINDINGS: Tree Removals According to Section 15-50.080 of the City Code, whenever a tree is requested for removal as part of a project, certain ﬁndings must be made and speciﬁc tree removal criteria met. Seventeen trees (14, 18 - 20, 28 - 33, 43, 46, 47, 50, 51, 52 and 62)are requested for removal to construct the project. They meet the City’s criteria allowing them to be removed and replaced as part of the project, once building division permits have been obtained. Attachment 2 contains the tree removal criteria for reference. Table 1: Summary of Tree Removal Criteria that are met New Construction Based on the information provided, and as conditioned, this project complies with the requirements for the setback of new construction from existing trees under Section 15-50.120 of the City Code. Tree Preservation Plan Section 15-50.140 of the City Code requires a Tree Preservation Plan for this project. To satisfy this requirement the following shall be copied onto a plan sheet and included in the ﬁnal sets of plans: 1)The tree information and recommendations from the submitted arborist report dated March 15, 2020; 2)The Project Data in Brief, the Conditions of Approval, and the map showing tree protection from this report dated April 27, 2020. Tree No.Species Criteria met Comments 14, 28 - 30, 32, 47, 51, 52, 62 Coast live oak 1, 4, 6, 7, 9 Dead or dying, in conﬂict with project 18 - 20 Coast redwood 1, 4, 7, 9 Severe drought stress, in conﬂict with driveway 31 California bay 1, 4, 7, 9 Crowded 33 Valley oak 1, 4, 7, 9 Crowded, leaning 43, 46 Avocado 1, 4, 7, 9 Signiﬁcant decay 50 Black walnut 1, 4, 7, 9 In conﬂict with house 21 Monte Vista Drive Attachment 1 TREE INFORMATION: Project Arborist: Robert Wilson, ISA-Certiﬁed Arborist WE 3978A Date of Report: March 15, 2020 Number of protected trees inventoried:50 Number of protected trees requested for removal:17 Tables summarizing information about each tree follow. Table 2: Tree informa3on from March 25, 2020 arborist report. Tree #Species DBH Condition Shape Remove?Protected ? Impact Remarks 1 Date Palm 20 Good Straight No Yes Low 2 Basswoo d 14 Excellent Straight No Yes Low 3 Coast Live Oak 8 Poor Leaning No Yes Low Crowded 4 Coast Live Oak 8 Fair Leaning No Yes Low Crowded 5 Acacia 18 Good Straight No Yes Low 7 Acacia 8 Fair Straight No No Low 8 Acacia 8 Fair Straight No No Low 9 Acacia 8 Fair Straight No No Low 10 Coast Live Oak 14 Fair Straight No Yes Low 11 Coast Live Oak 14 Good Straight No Yes Low 12 Coast Live Oak 12 Fair Straight No Yes Low Crowded 13 Coast Live Oak 8 Fair Straight No Yes Low Crowded 14 Coast Live Oak 18 Dead Severe Leaning Yes Yes Low Tree is dead 22 Monte Vista Drive Attachment 1 Tree #Species DBH Condition Shape Remove?Protected ? Impact Remarks 15 Coast Live Oak 14 Fair Straight No Yes Low Crowded 16 Coast Live Oak 8 Poor Leaning No Yes Low Crowded 17 Coast Live Oak 8 Fair Straight No Yes Low Crowded 18 Coast Redwoo d 35 Poor Straight Yes Yes High In Decline, Severe Drought Stress 19 Coast Redwoo d 36 Poor Straight Yes Yes High In Decline, Severe Drought Stress 20 Coast Redwoo d 36 Fair Straight Yes Yes Mediu m In Decline, Drought Stress 22 Coast Live Oak 8 Fair Leaning No Yes Low 23 Acacia 6,7 Fair Straight No Yes Low 28 Coast Live Oak 26 Poor Straight Yes Yes High Ambrosia Bark Beetle 29 Coast Live Oak 27 Poor Straight Yes Yes High Ambrosia Bark Beetle 30 Coast Live Oak 27 Poor Severe Leaning Yes Yes High Evidence of structural cracking, Ambrosia Bark Beetle 31 Californi a Bay 15 Fair Straight Yes Yes High Crowded 23 Monte Vista Drive Attachment 1 Tree #Species DBH Condition Shape Remove?Protected ? Impact Remarks 32 Coast Live Oak 28 Poor Leaning Yes Yes High Ambrosia Bark Beetle, Severe Bark Damage 33 Valley Oak 12 Fair Severe Leaning Yes Yes High Crowded, Leaning to one side 34 Date Palm 20 Good Straight No Yes Mediu m 35 Coast Redwoo d 46 Good Straight No Yes Low 36 Coast Redwoo d 14 Good Straight No Yes Low 39 Date Palm 20 Good Straight No Yes Low 40 Fan Palm 18 Good Straight No Yes Low 41 Acacia 18 Good Straight No Yes 1300 43 Avocado 40 Poor Straight Yes Yes High Severe Decay 46 Avocado 48 Poor Straight Yes Yes High Severe Decay 47 Coast Live Oak 14 Poor Severe Leaning Yes Yes Mediu m Ambrosia Bark Beetle 48 Coast Live Oak 17 Good Leaning No Yes Mediu m 49 Valley Oak 6 Fair Straight No Yes Low Crowded 50 Black Walnut 9,8 Fair Straight Yes Yes High Facilitate Constructio n 51 Coast Live Oak 14 Good Straight Yes Yes High Facilitate Constructio n 24 Monte Vista Drive Attachment 1 Tree #Species DBH Condition Shape Remove?Protected ? Impact Remarks 52 Coast Live Oak 9 Poor Straight Yes Yes Low Ambrosia Bark Beetle 54 Coast Live Oak 12 Fair Leaning No Yes Low 55 Coast Live Oak 11 Fair Straight No Yes Low 56 Coast Live Oak 6 Fair Straight No Yes Low 57 Black Walnut 7 Poor Leaning No No Low Crowded 58 Coast Live Oak 7 Fair Straight No Yes Low 59 Coast Live Oak 7 Fair Straight No Yes Low 60 Coast Live Oak 8 Fair Straight No Yes Low 61 Coast Live Oak 14 Good Straight No Yes Low 62 Coast Live Oak 8 Poor Leaning Yes Yes Mediu m Crowded, In Decline 63 Coast Live Oak 14, 10, 5, 5 Fair Straight No Yes Low Multi trunk, Very crowded 64 Valley Oak 6 Fair Straight No Yes Low 65 Coast Live Oak 13, 12 Fair Straight No Yes Low Multi Trunk 67 Coast Live Oak 10 Good Straight No Yes Low 25 Attachment 1Monte Vista Drive Table 3: Tree values from March 25, 2020 arborist report. 26 Attachment 1Monte Vista Table 3 con3nued: Tree values from March 25, 2020 arborist report. 27 Monte Vista Drive Attachment 2 TREE REMOVAL CRITERIA Criteria that permit the removal of a protected tree are listed below. This information is from Article 15-50.080 of the City Code and is applied to any tree requested for removal as part of the project. If ﬁndings are made that meet the criteria listed below, the tree(s) may be approved for removal and replacement during construction. (1)The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services, and whether the tree is a Dead tree or a Fallen tree. (2)The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the property. (3)The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased ﬂow of surface waters, particularly on steep slopes. (4)The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the general welfare of residents in the area. (5)The age and number of healthy trees the property is able to support according to good forestry practices. (6)Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. (7)Whether the approval of the request would be contrary to or in conﬂict with the general purpose and intent of this Article. (8)Any other information relevant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in Section 15-50.010 (9)The necessity to remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. (10)The necessity to remove the tree for installation and efﬁcient operation of solar panels, subject to the requirements that the tree(s) to be removed, shall not be removed until solar panels have been installed and replacement trees planted in conformance with the City Arborist's recommendation. 28 Monte Vista Drive Attachment 3 CONDITIONS OF APPROVAL 1.Owner, Architect, Contractor: It is the responsibility of the owner, architect and contractor to be familiar with the information in this report and implement the required conditions. 2.Permit: No protected tree authorized for removal or encroachment pursuant to this project may be removed or encroached upon until the issuance of the applicable permit from the building division for the approved project. 3.Final Plan Sets: a.Shall include the tree information and protection recommendations from the arborist report by Robert Wilson dated March 15, 2020 copied onto a plan sheet. b.Shall include the Project Data in Brief, the Conditions of Approval, and the map showing tree protection sections of the City Arborist report dated April 27, 2020. 4.Tree Protection Security Deposit: a.Is required per City Ordinance 15-50.080. b.Shall be $14,385 for tree(s) 10 - 12, 34, 35, 48, 49, 63 and 64. c.Shall be obtained by the owner and ﬁled with the Community Development Department before obtaining Building Division permits. d.May be in the form of cash, check, credit card payment or a bond. e.Shall remain in place for the duration of construction of the project. f.May be released once the project has been completed, inspected and approved by the City Arborist. 5.Tree Protection Fencing: a.Shall be installed as shown on the attached map and on the Site Plan. b.Shall be established prior to the arrival of construction equipment or materials on site. c.Shall be comprised of six-foot high chain link fencing mounted on 2-inch diameter galvanized posts, driven into the ground and spaced no more than 10 feet apart. d.Shall be posted with signs saying “TREE PROTECTION FENCE - DO NOT MOVE OR REMOVE WITHOUT APPROVAL FROM CITY ARBORIST, KATE BEAR (408) 868-1276”. e.Call City Arborist, Kate Bear at (408) 868-1276 for an inspection of tree protection fencing once it has been installed. This is required prior to obtaining building division permits. f.Tree protection fencing shall remain undisturbed throughout the construction until ﬁnal inspection. 6.Construction: All construction activities shall be conducted outside tree protection fencing unless permitted as conditioned below. These activities include, but are not necessarily limited to the following: demolition, grading, trenching for utility installation, equipment cleaning, stockpiling and dumping materials (including soil ﬁll), and equipment/vehicle operation and parking. 29 Monte Vista Drive Attachment 3 7.Work inside fenced areas: a.Requires a ﬁeld meeting and approval from City Arborist before performing work. b.Requires Project Arborist on site to monitor work. 8.Project Arborist: a.Shall be Robert Wilson unless otherwise approved by the City Arborist. b.Shall visit the site every two weeks during grading, trenching or digging activities and every six weeks thereafter. A letter/email shall be provided to the City after each inspection which documents the work performed around trees, includes photos of the work in progress, and provides information on tree condition during construction. c.Shall supervise any permitted pruning or root pruning of trees on site. Roots of protected trees measuring two inches in diameter or more shall not be cut without prior approval of the Project Arborist. d.The Project Arborist shall be on site to monitor all work within 15 feet of tree 48. 9.Tree removal: Trees 14, 18 - 20, 28 - 33, 43, 46, 47, 50, 51, 52 and 62 meet the criteria for removal and may be removed once building division permits have been obtained. 10.New trees: a.New trees equal to $28,770 shall be planted as part of the project before ﬁnal inspection and occupancy of the new home. New trees may be of any species and planted anywhere on the property as long as they do not encroach on retained trees. Replacement values for new trees are listed below. 15 gallon = $350 24 inch box = $500 36 inch box = $1,500 48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000 b.Trees shall be replaced on or off site according to good forestry practices, and shall provide equivalent value in terms of aesthetic and environmental quality, size, height, location, appearance and other signiﬁcant beneﬁcial characteristics of the removed trees. c.Only drought tolerant plants that are compatible with oaks are permitted under the outer half of the canopy of oak trees on site. 11.Damage to protected trees that will be retained: a.Should any protected tree be damaged beyond repair, new trees shall be required to replace the tree. If there is insufﬁcient room to plant the necessary number of new trees, some of the value for trees may be paid into the City’s Tree Fund. Replacement values for new trees are listed above under New Trees. b.Water loving plants and lawns are not permitted under oak tree canopies. 14.Final inspection: At the end of the project, when the contractor wants to remove tree protection fencing and have the tree protection security deposit released by the City, call City Arborist for a ﬁnal inspection. Before scheduling a ﬁnal inspection from the City Arborist, have the project arborist do an inspection, prepare a letter with their ﬁndings and provide that letter to the City for the project ﬁle. 30 Monte Vista Drive Attachment 4 Tree Protection Fencing 31 Community Development Departnent City of Saraloga 1 3777 Fruitvale Avenue Saratoga, Califomia 95070 NEIGHBOR NOTIFICATION FORM Project Address:kfrlbaA) (fr qdtr? u APtv - 3f7- bs-oq+ 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 is141Iut acceptance ofthe plans, only an acknowledgement that you have had an opporhmity to comment. IMPORTANT NOTE FROM CITY: These plans are PRELIMINARY ONLY and may change as ttre project moves forward. Architectural Plans are protected under coplright law. The applicant should allow you to view tlte plans but is not required to give you a physical copy. Once the application is submifted, you may review a full sized set of plans at City !full during normal business hours. The applicant should inform you when the plans will be submitted. Please contact the City at 408-868-1222 if yort haye any questions. This notice is befug provided to all ofthe 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:-letttl {P,YV;LL Date ,LO ( t4A r Neighbor Address:/1:/Effi j4l lE d i/Neighbor Contact Info: (phone or email):4* 4ot -V7zo rtqeq1lQ-t(fli - This enables the City to contact you if they have any questions Please ad&ess any initial concerns below (attach additional sheets if necessary): Feel free to mail this form directly to the City: City of Saratoga Planning Department; 13777 Fruitltale Avenue; Saratoga CA 95070 Gi My signature below certifies thatl am cwme of the proposal. NEIGHBOR SIGNATI]RE: Attachment 4 32 Community Development Deparfiient City of Saratoga 1327 Fruitvale Avenue Saratoga, Califomia 95070 NEIGHBOR NOTIFICATION FORM Project Address:K-f+-roc,p, (fi q{fi b ft?N - 3'fl- og-05+ A project is proposed at ttre above address. The City asks that you sign this form to indicate you have had an opportunity to review and comment on the proposal. Yow signature is not an rrcceptance ofthe plans, only an acknowledgement that you have had an opportunity to comnent. IMPORTANT NOTE FROM 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 vrew the plans but is not required to give you a physical copy. Once the application is submitted, you may review a full sized set ofplans at City Hall during normai business hours. The applicant should inform you when the plans will be submitted. This notice is befug pmvided to all of the adjoining property owners and the properqr 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 prcject. I)ate: Neighbor Address: Neighbor Contact Info: (phone or email): - This enables the Ciry to contact you if they have arxy questions Please address any initial concerns below (attach additional sheets if necessary): Feel free to mail this fonn directly to the City: City of Saratoga Planning Departmen! 13777 Frfituale Avenue; Saratoga CA 95070 NEIGHBOR SIGNATI]RE: Please contact the City at 408-868-1222 ilyott have any questions. Neighbor Name: My sigaature below certifies that I am anarc of the proposal 33 SA Community Development DeFrtnent City of SaBioga 1327 Fruituale Avenue Saratoga, Calibmia 95070 NEIGHBOR NOTIFICATION FORM Project Address:K#Tot,A, (b qdblb ftfN - 3r7 - as- os+ A project is proposed at the above address. The City asks that you sign this form to indicate you have had an opporhmity to review and comment on the proposal. Your signature is not al acceptonce ofthe plans, only an acknowledgement that you have had an opportunity to commert. IMPORTANT NOTE FROM CITY: These plans are PRELIMINARY ONLY and may change as the project moves forward. Architectural Plans are protecte.d under copyright law. The applicant should allow you to vl'ew the plans but is not required to give you a physical copy. Once the application is submitted, you may review a full sized set ofplans at City Hall during norrnal business hours. The applicant should inform you when the plans will be submitted. Please contact the City at 408-86&1222 ifyort have any questions. This notice is being provided to all of the adjoining properly owners and the properly owner(s) across the street ftom the pmject address. The City will send an additional notice to adjacent neighbors prior to a decision being made on the project. Neighbor Name:ShL L4-Rn rg Neighbor Address:l**ro ,-,}O Nfl-.. L!D ru^I? <ARA'rtlCrA CAo Neighbor Contact Info: (phone or email):9a\ilvi@. "rno, I Cq}n - This enabies the Ciry, rc contact you if they have ony questions Please address any initial concerns below (attach additional sheets if necessary): Feel free to mail tlis form directly to the City: City of Saratoga Plarming Department; 13777 Fruitvale Avenue; Saratoga CA 95070 IIEIGI{BOR SIGNATURE:-4 r<g ! Date: 4 l'z= )z o z-O_-------------.r My signature below certifies that I am attare of the ptoposal. 34 Project Address:L:KfilO[,A, (ft q{b}t' t1?tv * 3f7- bs-e52- A project is proposed at the above address. The City asks that you sign this form to indicate you have had an opportunily to review and comment on the proposal. Your signature is rrot aa acceptance ofthe plans, only an acknowledgement that you have had an opportunity to comment. IMPORTANT NOTE FROM CITY: These plans are PRELIMINARY ONLY and may change as the project moves forward. Architectural Plans are protected under copyight law. The applicant should allow you to vie,, the plans but is not required to give you a physical copy. Once the application is submitted, you may review a full sized set ofplans at City Hall during normal business hours. The applicant should inform you when the plans will be submitted. Please contact the City at 408-86&12t2 ifyou have any questions, This notice is being provided to all of the adjoining property owners and the properly 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: ----1- . -7o/r 5t rU pil s €nz Date:3-<t-Zo Neighbor Address:.///e Z ftcn,7tkla-aD DR* Neighbor Contact Info: (phone or email):ftlrzr*4151'r,l o a/ @ /?2?a;2, %3.) - This enables the City to contact you if they have ony questions lvu,4o9-// - q48q Please address any ilitial concerns below (attach additional sheets if necessary): Feel free to mail this fonn directly to the City: City of Saratoga Planning Deparnnent; 13777 Fruitvale Avenue; Saratoga CA 95070 My signature below certifies that I am au,tare of the proposal NEIGI{BOR SIGNATURE: Communlty Development Deparfnent City of Saratoga 1377 Fruituale Avenue Saratoga, Califomia 95070 NEIGHBOR NOTIFICATION FORM 35 36 RW ENGINEERING, INC. Civil Engineers · Land Surveyors 505 Altamont Drive, Milpitas, CA 95035 Tel: (408) 262-1899 Fax: (408) 824-5556 Email: rwengineering@gmail.com June 11, 2020 City of Saratoga – Planning Division 13777 Fruitvale Ave, Saratoga, CA 95070 Re: Story Pole Certification Project Site: 0 Montewood Drive, Saratoga, California APN: 397-08-057 To Whom It May Concern: RW Engineering, Inc. has provided staking for the story pole on 0 Montewood Drive. The stakes have been placed in accordance with the architectural plans dated December 2019 submitted to the City for Planning and Design review. We have subsequently done a field verification site visit, and have determined that the contractor has installed the story pole in accordance with the stakes and the proposed plans. Feel free to contact me if you have any questions. Sincerely Yours, Robert Wang, PE, PLS Attachment 5 37 Attachment 638 39 40 41 42 43 44 45 46 47 48 SHEET INDEX NO. LEGEND EXISTING PROPOSED DESCRIPTION ABBREVIATION EARTHWORK TABLE BYCOVER SHEETDATEREVISIONNO.DATE: SCALE: DESIGNED BY: SHEET C-1 DRAWN BY:RW ENGINEERING, INC.SANTA CLARA COUNTYN BASIS OF BEARINGS: SITE BENCHMARK: REFERENCES:APN: 397-08-05749 GRADING ANDDRAINAGEDATEBYREVISIONNO.SCALE: DATE: DESIGNED BY: SHEET C-2 DRAWN BY:RW ENGINEERING, INC.SANTA CLARA COUNTYAPN: 397-08-05750 1 TYPICAL GRADING AROUND FOUNDATION2DETENTION BASIN DETAILSDATEBYREVISIONNO.SCALE: DATE: DESIGNED BY: SHEET C-3 DRAWN BY:RW ENGINEERING, INC.SANTA CLARA COUNTYAPN: 397-08-057(TO BE MAINTAINED)STABILIZED CONSTRUCTION ENTRANCE4 FIBER ROLL3 51 LEGEND DATEBYREVISIONNO.SCALE: DATE: DESIGNED BY: SHEET DRAWN BY:RW ENGINEERING, INC.SANTA CLARA COUNTYAPN: 397-08-057HYDROSEEDING: GENERAL EROSION AND SEDIMENT CONTROL NOTES:EROSION CONTROLC-4 52 Construction Best Management Practices (BMPs)Construction projects are required to implement year-round stormwater BMPs.Non-Hazardous MaterialsBerm and cover stockpiles of sand, dirt or other construction material with tarps when rain is forecast or when they are not in use.Use (but don’t overuse) reclaimed water for dust control. Ensure dust control water doesn’t leave site or discharge to storm drains.Hazardous MaterialsLabel all hazardous materials and hazardous wastes (such as pesticides, paints, thinners, solvents, fuel, oil, and antifreeze) in accordance with City, County, State and Federal regulations.Store hazardous materials and wastes in water tight containers, store in appropriate secondary containment, and cover them at the end of every work day or during wet weather or when rain is forecast.Follow manufacturer’s application instructions for hazardous materials and do not use more than necessary. Do not apply chemicals outdoors when rain is forecast within 24 hours.Arrange for appropriate disposal of all hazardous wastes. Waste ManagementCover and maintain dumpsters. Check frequently for leaks. Place dumpsters under roofs or cover with tarps or plastic sheeting secured around the outside of the dumpster. A plastic liner is recommended to prevent leaks. Never clean out a dumpster by hosing it down on the construction site.Place portable toilets away from storm drains. Make sure they are in good working order. Check frequently for leaks. Dispose of all wastes and demolition debris properly. Recycle materials and wastes that can be recycled, including solvents, water-based paints, vehicle ﬂuids, broken asphalt and concrete, wood, and cleared vegetation. Dispose of liquid residues from paints, thinners, solvents, glues, and cleaning ﬂuids as hazardous waste.Keep site free of litter (e.g. lunch items, cigarette butts). Prevent litter from uncovered loads by covering loads that are being transported to and from site.Construction Entrances and PerimeterEstablish and maintain effective perimeter controls and stabilize all construction entrances and exits to sufﬁciently control erosion and sediment discharges from site and tracking off site.Sweep or vacuum any street tracking immediately and secure sediment source to prevent further tracking. Never hose down streets to clean up tracking.Materials & Waste ManagementEquipment Management & Spill ControlMaintenance and ParkingDesignate an area of the construction site, well away from streams or storm drain inlets and ﬁtted with appropriate BMPs, for auto and equipment parking, and storage.Perform major maintenance, repair jobs, and vehicle and equipment washing off site.If refueling or vehicle maintenance must be done onsite, work in a bermed area away from storm drains and over a drip pan or drop cloths big enough to collect ﬂuids. Recycle or dispose of ﬂuids as hazardous waste. If vehicle or equipment cleaning must be done onsite, clean with water only in a bermed area that will not allow rinse water to run into gutters, streets, storm drains, or surface waters.Do not clean vehicle or equipment onsite using soaps, solvents, degreasers, or steam cleaning equipment, and do not use diesel oil to lubricate equipment or parts onsite.Spill Prevention and Control Keep spill cleanup materials (e.g., rags, absorbents and cat litter) available at the construction site at all times. Maintain all vehicles and heavy equipment. Inspect frequently for and repair leaks. Use drip pans to catch leaks until repairs are made.Clean up leaks, drips and other spills immediately and dispose of cleanup materials properly. Use dry cleanup methods whenever possible (absorbent materials, cat litter and/or rags). Sweep up spilled dry materials immediately. Never attempt to “wash them away” with water, or bury them. Clean up spills on dirt areas by digging up and properly disposing of contaminated soil.Report signiﬁcant spills to the appropriate local spill response agencies immediately. If the spill poses a signiﬁcant hazrd to human health and safety, property or the environment, you must report it to the State Ofﬁce of Emergency Services. (800) 852-7550 (24 hours). EarthmovingGrading and EarthworkSchedule grading and excavation work during dry weather.Stabilize all denuded areas, install and maintain temporary erosion controls (such as erosion control fabric or bonded ﬁber matrix) until vegetation is established.Remove existing vegetation only when absolutely necessary, plant temporary vegetation for erosion control on slopes or where construction is not immediately planned. Prevent sediment from migrating offsite and protect storm drain inlets, drainage courses and streams by installing and maintaining appropriate BMPs (i.e. silt fences, gravel bags, ﬁber rolls, temporary swales, etc.).Keep excavated soil on site and transfer it to dump trucks on site, not in the streets.Contaminated SoilsIf any of the following conditions are observed, test for contamination and contact the Regional Water Quality Control Board:Unusual soil conditions, discoloration, -or odor.Abandoned underground tanks. -Abandoned wells -Buried barrels, debris, or trash. -If the above conditions are observed, document any signs of potential contamination and clearly mark them so they are not distrurbed by construction activities.LandscapingProtect stockpiled landscaping materials from wind and rain by storing them under tarps all year-round.Stack bagged material on pallets and under cover. Discontinue application of any erodible landscape material within 2 days before a forecast rain event or during wet weather.PavingAvoid paving and seal coating in wet weather or when rain is forecast, to prevent materials that have not cured from contacting stormwater runoff.Cover storm drain inlets and manholes when applying seal coat, slurry seal, fog seal, or similar materials.Collect and recycle or properly dispose of excess abrasive gravel or sand. Do NOT sweep or wash it into gutters.Sawcutting & Asphalt/Concrete RemovalProtect storm drain inlets during saw cutting. If saw cut slurry enters a catch basin, clean it up immediately. Shovel or vacuum saw cut slurry deposits and remove from the site. When making saw cuts, use as little water as possible. Sweep up, and properly dispose of all residues.Concrete ManagementStore both dry and wet materials under cover, protected from rainfall and runoff and away from storm drains or waterways. Store materials off the ground, on pallets. Protect dry materials from wind. Wash down exposed aggregate concrete only when the wash water can (1) ﬂow onto a dirt area; (2) drain onto a bermed surface from which it can be pumped and disposed of properly; or (3) block any storm drain inlets and vacuum washwater from the gutter. If possible, sweep ﬁrst. Wash out concrete equipment/trucks offsite or in a designated washout area onsite, where the water will ﬂow into a temporary waste pit, and make sure wash water does not leach into the underlying soil. (See CASQA Construction BMP Handbook for properly designed concrete washouts.)DewateringDischarges of groundwater or captured runoff from dewatering operations must be properly managed and disposed. When possible, send dewatering discharge to landscaped area or sanitary sewer. If discharging to the sanitary sewer, call your local wastewater treatment plant. Divert run-on water from offsite away from all disturbed areas. When dewatering, notify and obtain approval from the local municipality before discharging water to a street gutter or storm drain. Filtration or diversion through a basin, tank, or sediment trap may be required.In areas of known or suspected contamination, call your local agency to determine whether the ground water must be tested. Pumped groundwater may need to be collected and hauled off-site for treatment and proper disposal.Painting Cleanup and RemovalNever clean brushes or rinse paint containers into a street, gutter, storm drain, or stream.For water-based paints, paint out brushes to the extent possible, and rinse into a drain that goes to the sanitary sewer. Never pour paint down a storm drain.For oil-based paints, paint out brushes to the extent possible and clean with thinner or solvent in a proper container. Filter and reuse thinners and solvents. Dispose of excess liquids as hazardous waste.Sweep up or collect paint chips and dust from non-hazardous dry stripping and sand blasting into plastic drop cloths and dispose of as trash.Chemical paint stripping residue and chips and dust from marine paints or paints containing lead, mercury, or tributyltin must be disposed of as hazardous waste. Lead based paint removal requires a state-certiﬁed contractor.Painting & Paint RemovalConcrete Management and DewateringPaving/Asphalt WorkStorm drain polluters may be liable for ﬁnes of up to $10,000 per day!53 REPORT TO THE PLANNING COMMISSION Meeting Date:July 8, 2020 Application:Accessory Dwelling Unit Ordinance Update/ ZOA20-0002 Address/APN:City Wide Owner / Applicant:City of Saratoga From:Debbie Pedro, Community Development Director Report Prepared By:Christopher Riordan, Senior Planner STAFF RECOMMENDATION Adopt Resolution No. 20-011 recommending the City Council adopt an ordinance amending Article 15-56 of the Saratoga City Code (Accessory Dwelling Units). BACKGROUND On May 12, 2020, the Planning Commission held a Study Session to review the proposed amendments to the City’s Accessory Dwelling Unit (ADU) regulations. During the meeting the Commission provided the following direction which staff has incorporated into the proposed ordinance amendment. Floor Area / Setback – ADUs located partially or entirely within the rear or side setback area shall have a maximum allowable floor of 800 square feet. Any ADU in excess of 800 square feet shall comply with the same setbacks as the primary dwelling. ADU Height – ADUs located partially or entirely in the side or rear setback areas are limited to a maximum height of 16’. ADUs 18 feet or lower are subject to ministerial review and approval. ADUs taller than 18 feet would require Planning Commission review. Floor Area / Site Coverage Bonus – A minimum parcel size of 10,000 net square feet shall be eligible for a ten percent floor area / site coverage bonus if owner deed restricts an ADU on the subject parcel with rental limitations for below market rate households. Legislative Changes Prior to 2016, cities could regulate and permit Accessory Dwelling Units (ADUs) based on local preference. Subsequent State legislation passed between 2015-2019 removed most local control on ADUs and requires jurisdictions to allow ADUs in not only single-family zoning districts but also in multi-family zoning districts. Additionally, there are now several circumstances where “by-right” ADUs must be allowed through the issuance of a building permit without 54 Report to the Planning Commission Accessory Dwelling Unit Regulation-Application # ZOA20-0002 July 8, 2020 Page | 2 Page 2 of 4 discretionary review. The City Code has been amended several times, most recently in June 2018, to address previous changes in State law regarding ADUs. The currently proposed amendments are intended for the same purpose. In 2019 the State Legislature passed a suite of bills (AB 68, AB 587, AB 671, AB 881, and SB 13) amending Government Code Sections 65852.2 and 65852.22. These bills, which became effective on January 1, 2020, are aimed at promoting ADUs as a partial solution to the State’s housing crisis. These bills also continue to reduce local control and remove regulatory restrictions which have been considered as limitations to the development of ADUs. Proposed modifications to the City’s ADU regulations to align with new legislation include, but are not limited to, the elimination of minimum parcel sizes, setback reductions, and a prohibition on the establishment of maximum allowable floor area and site coverage requirements which do not permit at least an 800 square foot accessory dwelling unit. A summary of these modifications is described in the following paragraphs. DISCUSSION ADUs are considered one component in the solution to alleviate the current housing crisis in California. ADUs provide additional rental housing supply to meet the increasing demand for housing and can potentially reduce displacement of existing homeowners by providing an additional income source. Saratoga currently provides a ministerial permitting process for ADUs and as an incentive to promote their construction and has offered a 10% floor area bonus for deed restricted ADUs. Staff has completed a consistency review of Article 15-56 (Accessory Dwelling Units) of the Saratoga City Code in comparison to the new State legislation and has identified necessary modifications to bring the City’s current regulations into conformance. The most significant changes as a result of the state legislation include: Floor Area Current City regulations consider the floor area of ADUs (both attached and detached) in the maximum allowable floor area of a site. The new legislation does not allow maximum floor area to preclude the construction of an ADU that does not exceed 800 square feet. As an example, a 10,000 square foot lot has a maximum allowable floor area of 3,200 square feet. If the property owner was to construct a 3,200 square foot primary dwelling, then the property owner would still have the right to construct at least an 800 square foot attached or detached ADU. Based on Planning Commission direction the proposed ordinance limits the maximum floor area for an ADU to 800 square feet if located within a side or rear setback area. Setbacks Existing setback requirements for ADU’s are the same as those for a primary dwelling. The proposed legislation would allow a minimum four-foot side and rear setback for detached ADUs. The setbacks may be less than four feet if the ADU is built on the footprint, and to the exact dimensions, of an existing structure that was demolished to build the ADU. Building Height The City’s current height limit for detached ADUs is 26 feet. The proposed legislation would allow “by right” a property owner to construct a detached ADU that does not exceed 800 square feet with 55 Report to the Planning Commission Accessory Dwelling Unit Regulation-Application # ZOA20-0002 July 8, 2020 Page | 3 Page 3 of 4 a building height of sixteen feet or less with a rear and side yard setback of at least four feet. Based on Planning Commission direction, the proposed ordinance would limit the maximum height of an ADU to 16 feet if located within a side or rearyard setback area. Site Coverage Similar to the new legislation’s impact on calculation of maximum allowable floor area, the new legislation does not permit application of site coverage standards in a manner that precludes construction of an ADU that does not exceed 800 square feet. Lot Size Existing City regulations require a lot size of not less than 90% of the minimum standard prescribed for the underlying zoning district, i.e., a minimum parcel size of 9,000 square feet in the R-1-10,000 zoning district, as a qualifying factor to construct an ADU. The new regulations eliminate minimum lot size requirements for all ADUs. JADU + Detached ADU One Junior ADU (JADU) can now be combined with one detached ADU on a single-family lot. The City’s current regulations allow one ADU per residential parcel – either a JADU or an ADU – and the JADU must be contained in an existing single-family structure. The new regulations would allow a JADU to be contained within an existing or proposed single-family dwelling. A single- family parcel could simultaneously include a primary dwelling, an attached JADU, and a detached ADU resulting in three dwelling units on one lot. Multifamily Dwellings A lot containing an existing multifamily dwelling structure can include two detached ADUs no larger than 800 square feet in size and 16 feet in height with four-foot rear and side yard setbacks. In addition, existing non-livable space within the multifamily structure can be converted to ADUs equal to 25% of the number of existing dwelling units in the structure. Examples of non-livable space include storage rooms, passageways, attics, basements, or garages. Parking Enclosed parking is no longer required to be replaced when a garage or carport is demolished and or converted to create an ADU. In addition, enclosed parking within a garage is no longer required for an ADU. Parking may be provided as tandem parking on a driveway. However, no parking is required of any ADU that meets various statutory exceptions, including an ADU within one-half mile walking distance of any public transit (not just a “major transit stop” as currently required which is defined as a bus stop at the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods). Correction of Zoning Violations The City cannot require that an applicant correct existing zoning violations on the property as a condition of granting a permit to build an ADU. Independent of issuing the permit for the ADU the Citycan still pursue code enforcement of zoning violations. Use of ADU’s as Short-Term Rentals The new legislation prohibits ADUs from being used as short-term rentals (STRs). While the City’s 56 Report to the Planning Commission Accessory Dwelling Unit Regulation-Application # ZOA20-0002 July 8, 2020 Page | 4 Page 4 of 4 existing regulations do not expressly prohibit all STRs, the City considers STRs to be a hotel use (transient occupancy for periods of 30 days or less) and the proposed ordinance does not allow ADUs to be utilized as STRs. No Owner – Occupancy Restrictions The legislation invalidates owner-occupancy restrictions on standard ADUs until 2025. Existing regulations require that a lot containing an ADU be occupied by the owner of the lot (in the primary dwelling or the ADU). However, the new legislation does not impact owner-occupancy requirements for JADUs and owner-occupancy requirements for JADUs will remain unchanged. The proposed ordinance contains an owner-occupancy restriction for ADUs that will go into effect on January 1, 2025, when the state law provision sunsets. Timing The City must act on ADU applications within 60 days (current regulations allow a review period of 120 days) or the application will be deemed approved. NOTICING Pursuant to Section 15-85.070 of the Saratoga City Code, a legal advertisement of the public hearing was published in the Saratoga News on June 26, 2020. ENVIRONMENTAL DETERMINATION The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and CEQA Guidelines section 15282(h) which categorically exempts adoption of an ordinance by a City to implement the provisions of Government Code Sections 65852.1 and 65852.2 governing accessory dwelling units. Furthermore, the proposed ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. ATTACHMENT Resolution No. 20-011 57 RESOLUTION NO: 20-011 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION RECOMMENDING APPROVAL OF AMENDMENTS TO ARTICLE 15-56 OF THE SARATOGA CITY CODE (ACCESSORY DWELLING UNITS) APPLICATION ZOA20-0002 The City of Saratoga Planning Commission finds and determines as follows with respect to the above-described application: WHEREAS, the City General Plan contains policies and objectives supporting accessory (second) dwelling units, to create additional opportunities to provide housing for people of all ages and economic levels; and WHEREAS, since at least 2003 the City Code has contained provisions to help achieve the goals and policies of the Housing Element of the General Plan; and WHEREAS, in 2016 the State Legislature adopted SB 1069, AB 2229 requiring cities and counties to apply uniform state standards to applications for accessory dwelling units or to modify local ordinances in accordance with new requirements, and AB 2406, granting cities and counties the option of adopting laws regarding “junior accessory dwelling units,” and the City of Saratoga adopted the requisite amendments in Ordinance 384 on December 21, 2016; and WHEREAS, in 2019 the State Legislature passed a suite of bills (AB 68, AB 587, AB 671, AB 881, SB 13) amending Government Code Sections 65852.2 and 65852.22. These bills, which became effective on January 1, 2020, are aimed at promoting ADUs as a partial solution to the State’s housing crisis; and WHEREAS, the City desires to make further amendments to update its City Code to assure compliance with recent State accessory dwelling unit legislation by considering and adopting this Ordinance; and WHEREAS, on July 8, 2020, the Planning Commission held a duly noticed public hearing regarding the proposed Ordinance; and WHEREAS, the proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and CEQA Guidelines section 15282(h) which categorically exempts adoption of an ordinance by a City to implement the provisions of Government Code Sections 65852.1 and 65852.2 governing accessory dwelling units. Furthermore, the proposed ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the 58 Resolution No. 20-011 2 environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby recommends the following to the City Council: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The legislation described in the recitals is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and CEQA Guidelines section 15282(h) which categorically exempts adoption of an ordinance by a City to implement the provisions of Government Code Sections 65852.1 and 65852.2 governing accessory dwelling units. Furthermore, the proposed ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Section 3: After careful consideration of the staff report and other materials, exhibits and evidence submitted to the City in connection with this matter, the Planning Commission of the City of Saratoga does hereby recommend to the City Council to amend the City Code as shown in Exhibit A. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 8th day of July 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Razi Mohiuddin Chair, Planning Commission Attachment: Exhibit A – Proposed City Code Amendments 59 1 Exhibit A PLANNING COMMISSION RECOMMENDED AMENDMENTS TO CHAPTER 15 OF THE SARATOGA CITY CODE The Planning Commission recommends that the Saratoga City Code be amended as set forth below. Text to be added is indicated in bold double-underlined font (e.g., bold double-underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this ordinance. Text in italics (e.g., italics) is explanatory and not a part of the ordinance. Article 15-06 - DEFINITIONS 15-06.240 - Dwelling. "Dwelling" means a permanent building or a portion of a permanent building used as the personal residence of the occupants thereof, excluding trailers, campers, recreational vehicles, hotels, motels, bed and breakfast establishments, tents and temporary structures. (a) Dwelling unit means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting separate and independent housekeeping units, occupied or intended for occupancy by one family on a permanent basis and having not more than one kitchen. (b) Single-family dwelling means a dwelling unit constituting the only main structure upon a single building site. (c) Multi-family dwelling means a structure or site containing more than one dwelling unit, designed for occupancy by more than one family living independently of each other, and doing their own cooking in the building. However, a single-family dwelling and a lawful second dwelling unit located upon the same site shall not be deemed a multi-family dwelling. (d) Accessory dwelling unit means an attached or detached residential dwelling unit, built or legalized pursuant to this Chapter, which provides complete independent living facilities for one or more persons, including permanent provisions for living, cooking, sleeping and sanitation and that meets all requirements set forth in Article 15-56 on a lot within the A, R-1, or HR district where a legally created single-family dwelling is situated. Accessory dwelling units are not to be sold separately from the main dwelling, but may be rented. An accessory dwelling unit also includes the following: (1) An accessory dwelling unit that is an efficiency unit, as defined in Health and Safety Code Section 17958.1. (2) An accessory dwelling unit that is a manufactured home, as defined in Health and Safety Code Section 18007. (e) Junior accessory dwelling unit is a unit that is no more than 500 square feet in size, contained entirely within an existing single-family structure, and that meets all requirements set 60 2 forth in Article 15-56subsection 15-56.030(b)(2). A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. Article 15-56 - ACCESSORY DWELLING UNITS 15-56.010 – Purpose of Article. The purpose of this Article is to authorize the establishment of accessory dwelling units and junior accessory dwelling units in districts zoned to allow for single-family or multi-family dwellings residential zoning districts to comply with state law and to help achieve the goals and policies of the Housing Element of the Saratoga General Plan. Controlled construction of accessory dwelling units and junior accessory dwelling units will promote a stable heterogeneous community with a balanced social and economic mix. 15-56.015 - Definitions. The following definitions apply only to this Article: (1) Accessory dwelling unit as defined in Article 15-06. (2) Junior accessory dwelling unit as defined in Article 15-06. (3) Living area means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (4) Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (5) Short-term rental means a dwelling unit which is used for transient occupancy for periods of up to 30 consecutive days for which payment is required for use of the unit. (56) Tandem parking means two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another. 15-56.020 - One accessory dwelling unit or junior accessory dwelling unit per lot. Number of units allowed for single-family and multi-family dwellings. (a) Only one Single-family dwellings. One accessory dwelling unit or and one junior accessory dwelling shall be allowed on any one lot only if the lot is zoned for single- family use and which contains an existing or concurrently approved single-family dwelling unit. The accessory dwelling unit or junior accessory dwelling unit is an accessory use to the main dwelling unit and shall not count toward density limitations or be considered a new residential use. Such units are an accessory use to the main dwelling unit and shall not count toward density limitations or be considered a new residential use. (b) Multi-family dwellings. Refer to Section 15-56.035 of this article. 61 3 15-56.03025 - Development standards for accessory dwelling units and junior accessory dwelling units. Except as otherwise provided in Section 15-56.050, each accessory dwelling unit shall comply with all of the following development standards: (a) Newly constructed accessory dwelling unit that adds floor area. Each newly constructed accessory dwelling unit that adds floor area to a lot is required to satisfy the following criteria: (1) Lot size. The net site area of the lot upon which the accessory dwelling unit is located shall not be less than ninety percent of the minimum standard prescribed for the district applicable to such lot. Minimum standards for lots located in the HR Residential District are determined per Section 15-13.060(a) of the City Code. (2)(1) Building codes requirements. The accessory dwelling unit shall comply with applicable building, health and fire codes. Each accessory dwelling unit shall satisfy all applicable requirements of Chapter 16 (Building Regulations) with the exception that accessory dwelling units shall not be required to provide fire sprinklers unless fire sprinklers are required for the primary single-family dwelling or multifamily dwelling structure. An accessory dwelling unit shall be connected to a public sewer system. Occupancy of an accessory dwelling unit concurrently approved with a single-family dwelling unit shall not be allowed until the Building Department approves occupancy of the primary dwelling. (3)(2) Zoning regulations. Unless otherwise provided in this Article, the accessory dwelling unit shall comply with applicable zoning regulations (including, but not limited to, required setbacks, floor area limits, site coverage, and height limits). For lots that are at least 10,000 net square feet in size, A a one-time ten percent increase in site coverage and allowable floor area may be granted by the Community Development Director if the new accessory dwelling unit is deed restricted so that it may only be rented to below market rate households. (4)(3) Sale prohibited and rental. The unit shall not be intended for sale, or sold, separately from the main dwelling. An accessory dwelling unit may be rented separately from the primary single-family dwelling or multifamily dwelling but may not be sold or otherwise conveyed separately from the primary dwelling on the lot. An accessory dwelling unit shall not be used as a short-term rental. (5)(4) Location and configuration. The accessory dwelling unit must be either (i) attached to the existing or concurrently approved main dwelling (including being located within the living area of the existing or concurrently approved main dwelling) or (ii) detached from the existing or concurrently approved main dwelling and located on the same lot as the existing main dwelling or (iii) within converted space of an existing multi-family structure per Section 15- 56.035 or (iv) not located in the front setback area of a lot with a multifamily dwelling. 62 4 (6)(5) Floor area. a. Except as provided in subsection (b) below, The the maximum floor area limit for an accessory dwelling unit shall be as follows: i. an attached accessory dwelling unit shall not exceed 50 percent of the existing or concurrently approved living area of a single-family dwelling, with a maximum size of 1,200 square feet, not including the garage. ii. a detached accessory dwelling unit located partially or entirely within a side or rear setback area shall have a maximum size of 800 square feet of floor area. iiiii. a detached accessory dwelling unit, not located within a side or rear setback area, shall not exceed have a maximum size of 1,200 square feet of living area, not including the garage. b. Both the accessory dwelling unit and the primary dwelling unit shall count toward the total maximum allowable floor area set by applicable zoning regulations however floor area and site coverage requirements shall not be applied to prohibit the construction of an accessory dwelling unit that does not exceed 800 square feet gross floor area and which otherwise complies with all other development standards: b.c. If an accessory dwelling unit has a basement or an attic, that area is included as part of the total maximum floor area allowed. c. Both the accessory dwelling unit and the main dwelling unit shall count toward the total floor area limit set by applicable zoning regulations. (6) Height of Accessory Dwelling Units. (a) No detached accessory dwelling unit located partially or entirely within a side or rear setback area shall exceed sixteen (16) feet in height. (b) No detached or attached accessory dwelling units located outside setback areas shall exceed twenty-six (26) feet in height. (i) Accessory dwelling units, both detached and attached, in excess of eighteen (18) feet in height shall comply with the applicable design review regulations set forth in Article 15-45 of this Chapter. (7) Setbacks. Attached accessory dwelling units shall comply with the setbacks required for the primary dwelling unit. Detached accessory dwelling units shall comply with the following minimum setbacks: (a) Front and side setbacks abutting a street required for the primary dwelling. (b) Rear and interior side setbacks of no less than four feet. However, setbacks of less than four feet are allowed if the accessory dwelling unit is constructed in the same location and to the same dimensions as an existing structure that is demolished for the purpose of constructing the accessory dwelling unit. (7)(8) Construction above garage. Notwithstanding other setback requirements in the City Code, a setback as low as no less than five feet from the side and rear lot lines shall be allowed for an accessory dwelling unit that is constructed above a garage that is non-conforming as to setbacks. 63 5 (8)(9) Parking. Parking requirements for an accessory dwelling unit shall be as follows: a. Unless otherwise provided in this section, one off-street covered parking space within a garage shall be provided for the accessory dwelling unit in addition to the off-street covered parking spaces required for the main dwelling. The garage requirement may be waived if the accessory dwelling unit is deed restricted so that it may only be rented to below market rate households. If the garage requirement is waived, an open off-street parking space must be provided. b. No parking space shall be required for an accessory dwelling unit in any of the following instances: i. The accessory dwelling unit is located within one-half mile of a major transit stop public transit as defined in Government Code § 65852.2 California Public Resources Code § 21064.3 or included in the regional transportation plan; ii. The accessory dwelling unit is located within a designated architecturally and historically significant historic district; iii. The accessory dwelling unit is part of the proposed or existing primary residence or concurrently approved main dwelling or an existing residential accessory structure intended for human habitation; iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; v. When there is a car share vehicle, in a location determined by the Community Development Director to have at least three dedicated parking spaces, located within one block of the accessory dwelling unit; or vi. The unit is permitted as a junior accessory dwelling unit. c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any lost off-street parking spaces required for the main dwelling are not required to be replaced must be replaced with off-street covered parking. However, the construction of additional parking will not be required for the accessory dwelling unit in any of the instances described in subsection 15-56.030(a)(8)(B). (9)(10) Access. The accessory dwelling unit shall be served by the same driveway access to the street as the existing or concurrently approved main dwelling. (10)(11) Common entrance Entrances. If the accessory dwelling unit is attached to the main dwelling, both the accessory dwelling unit and the main dwelling must may be served by either a common entrance; however, or a separate exterior entrance to the accessory dwelling unit must be located on the side or at the rear of the main dwelling. (11) Fire sprinklers. An accessory dwelling unit may be required to provide fire sprinklers, but only if they are required for the main dwelling. (1212) Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (13) Owner occupation. The lot containing the accessory dwelling shall remain occupied by the owner of the lot, as evidenced by a valid Homeowners' Property Tax Exemption. 64 6 The accessory dwelling must be vacated within one year after the termination of the owner- occupier's Homeowners' Property Tax Exemption, unless and until an owner-occupier reobtains the Homeowner's Property Tax Exemption. (1413) Limitation on number of bedrooms. An accessory dwelling unit may not have more than two bedrooms. (1514) Appearance. All new construction to create an accessory dwelling unit must match the existing or concurrently approved main structure in color, materials and architectural design. (16) Sewage disposal. An accessory dwelling unit shall be connected to a public sewer system. (b) Accessory dwelling unit constructed within existing floor area. (1) Conversion of existing floor area. Each application for a building permit to convert existing floor area interior space of an existing single-family dwelling or accessory structure to an accessory dwelling unit shall comply with the following standards: a. The accessory dwelling unit must: 1. Be located within an area a district zoned to allow for single-family use or multi-family dwellings; 2. Be contained within the existing interior space of a single-family dwelling or accessory structure, including, but not limited to, a studio, pool house, or other similar structure. The interior space of an existing accessory structure may be expanded by no more than 150 square feet beyond the physical dimensions of the existing structure for the sole purpose of accommodating ingress and egress. 3. Have independent exterior access from the existing main dwelling; 4. Not be intended for sale, or sold, separately from the main dwelling; . 5. Have side and rear setbacks sufficient for fire safety as determined by the fire agency having jurisdiction; and 6. Comply with all building codes and health and safety regulations. b. Parking. 1. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, any lost off-street parking spaces required for the main dwelling are not required to be must be replaced with off-street covered parking. 2. No additional parking will be required for the accessory dwelling unit in instances where the accessory dwelling unit is part of the existing main dwelling or an existing residential accessory structure intended for human habitation. c. Fire sprinklers. The accessory dwelling unit may be required to provide fire sprinklers only if they are required for the main dwelling. d. Converted garage setbacks. No setback shall be required for an existing garage that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. 65 7 (2) Creation of a junior accessory dwelling unit within existing floor area. Each application for a building permit to convert existing floor area of an existing or proposed single-family dwelling or accessory structure to a junior accessory dwelling unit shall comply with the following standards: a. Owner-occupation. The lot containing the junior accessory dwelling unit shall remain occupied by the owner of the lot, as evidenced by a valid Homeowners' Property Tax Exemption. The junior accessory dwelling unit must be vacated within one year after the termination of the owner-occupier's Homeowners' Property Tax Exemption, unless and until an owner-occupier reobtains the Homeowner's Property Tax Exemption. Owner occupation is not required if the owner is another governmental agency, land trust, or housing organization. ba. The junior accessory dwelling unit shall be located within a district zoned to allow for single-family or multi-family dwellings. cb. The junior accessory dwelling unit shall be constructed within the existing walls of an existing or proposed single-family structure and shall be no more than 500 square feet in size. d. The junior accessory dwelling unit shall include one existing bedroom constructed as part of an existing single-family structure. ec. The junior accessory dwelling unit shall have a separate exterior entrance from the main entrance, with an interior entry to the main living area. A second interior doorway may be used for sound attenuation. fd. The junior accessory dwelling unit shall contain an efficiency kitchen, which shall include all of the following: i. A sink with a maximum waste line diameter of 1.5 inches; ii. A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas; and iii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. ge The junior accessory dwelling unit shall have side and rear setbacks sufficient for safety, as determined by the fire agency having jurisdiction. hf. The junior accessory dwelling unit must comply with all building codes and health and safety codes. I. Deed restriction. The lot upon which the junior accessory dwelling unit is located shall be deed restricted, which shall run with the land and be filed with the Community Development Department. The deed restriction shall include the following: i. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. ii. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with subsection 15-56.030(b)(2). 66 8 Jh. Parking. No additional parking shall be required as a condition to grant a permit for the creation of a junior accessory dwelling unit. 15-56.035 – Special provisions for multi-family dwellings. The following requirements and restrictions apply to the creation of accessory dwelling units for multi-family dwellings as defined in Section 15-06.240(c). (a) For every four dwelling units within a multi-family dwelling, one accessory dwelling unit may be created within existing spaces that are not part of the living area, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that the accessory dwelling unit so created complies with the California Building Code. (b) In addition to the accessory dwelling units allowed by subsection (a) above, not more than two (2) detached accessory dwelling units may be allowed for a multi-family dwelling subject to the standards, requirements, and restrictions of this Chapter. 15-56.030 – Owner occupancy restrictions. (a) With respect to a lot containing a junior accessory dwelling unit, one of the dwellings on the lot must be the bona fide principal residence of at least one legal owner of the lot, as evidenced at the time of building permit approval by appropriate documents of title and residency. Prior to the issuance of a building permit, the applicant shall provide evidence that a deed restriction has been recorded on the title of the affected property stating that one of the dwelling units on the lot shall remain owner occupied and that the size and attributes of the junior accessory dwelling unit conforms with subsection 15- 56.025(2). (b) With respect to a lot containing a standard accessory dwelling unit, for applications received after January 1, 2025, one of the dwellings on the lots must be the bona fide principal residence of at least one legal owner of the lot containing the dwelling, as evidenced at the time of building permit approval by appropriated documents of title and residency. Prior to the issuance of a building permit, the applicant shall provide evidence that a deed restriction has been recorded on the title of the affected property stating that one of the dwelling units on the lot shall remain owner occupied. 15-56.035 - Permitting. (a) Construction of an accessory dwelling unit that adds floor area. Within 120 60 days of receipt of a complete application, the Community Development Department shall ministerially process for approval any application for a building permit for a newly created accessory dwelling unit that adds floor area to the site and meets all the criteria in subsection 15- 56.030(a) and none of the criteria in subsection 15-45.060(a). (b) Creation of accessory dwelling unit within existing floor area. Within 120 60 days of receipt of a complete application, the Community Development Department shall ministerially process for approval application for a building permit for an accessory dwelling unit that is built 67 9 entirely within the floor area of an existing structure and that meets all the criteria in subsection 15-56.030(b)(1). (c) Creation of a junior accessory dwelling unit. Within 120 60 days of receipt of a complete application, the Community Development Department shall ministerially process for approval any application for a building permit for a junior accessory dwelling unit that meets all the criteria in subsection 15-56.030(b)(2). 15-56.04045 - Inspections of legalized accessory dwelling units and junior accessory dwelling units. (a) Where the application is for legalization of any existing accessory dwelling unit or junior accessory dwelling unit under Section 15-56.050, an inspection of the property shall be conducted to determine that the existing accessory dwelling unit or junior accessory dwelling unit under Section 15-56.050 will comply with all applicable building, health, fire and zoning codes. Such inspections shall be performed by the City or by an independent contractor retained by the City for such purpose, and the applicant thereof shall pay the cost. (b) The inspections to be conducted pursuant to this Section shall not constitute an assumption by the City, or by anyone acting in its behalf, of any liability with respect to the physical condition of the property, nor shall the authorization to construct a new accessory dwelling unit or junior accessory dwelling unit or the legalization of an existing accessory dwelling unit or junior accessory dwelling unit, pursuant to this Code, represent a warranty by the City to the owner of the property or any other person that such property fully complies with all applicable building, health and fire codes. 15-56.050 - Legalization of existing accessory dwelling units and junior accessory dwelling units. (a) Purpose of Section. It is in the public interest that all residents of the City live in safe, sanitary housing conditions. Accessory dwelling units and junior accessory dwelling units currently exist which were created prior to the adoption of this Article. In order to encourage the legitimating of such units under the law, the owners of property on which accessory dwelling units and junior accessory dwelling units are located should be encouraged to legalize such units provided the units are determined to be both safe and sanitary for continued human occupancy. Conversely, if existing accessory dwelling units or junior accessory dwelling units are not safe and sanitary for continued human occupancy, the City has the responsibility to either insure they are made both safe and sanitary or their use for human occupancy is discontinued. The purpose of this Section is to establish special procedures and standards for legalization of existing accessory dwelling units and junior accessory dwelling units that are or can be made fit for human occupancy. (b) Scope of Section. This Section shall apply only to accessory dwelling units or junior accessory dwelling units established prior to February 19, 2003, but after August 18, 1984, within a structure for which a building permit was issued, or otherwise was lawfully constructed, and which complied with any applicable zoning or development standards in force at the time of construction. Any accessory dwelling unit or junior accessory dwelling unit established from and 68 10 after February 19, 2003, shall be deemed a new unit subject to the remaining provisions of this Article. (c) Contents of application. Application to legalize an existing accessory dwelling unit or junior accessory dwelling unit shall be filed with the Community Development Director on such form as shall be prescribed. The application shall be accompanied by the following: (1) A vicinity map showing the location of the site. (2) An accurate scale drawing showing the location of all structures, trees, landscaping and off-street parking spaces on the site. (3) Inspection reports by the City or an independent contractor, as required under Section 15-56.040 of this Article. (4) A preliminary title report covering the site, or other evidence showing the applicant to be the owner of the property. (5) If the site is a hillside lot, either or both of the following documents shall be furnished if requested by the Community Development Director: (i) a topographic map of the site showing contours at intervals of not more than five feet; and/or (ii) a geologic report on the site prepared by a certified engineering geologist or a registered civil engineer qualified in soil mechanics. (6) If the existing accessory dwelling unit or junior accessory dwelling unit is served by a septic system, a description thereof together with a drawing showing the location of the septic tank and leach field on the site. (d) Standards. Existing accessory dwelling units and junior accessory dwelling units shall comply with the following standards: (1) Where the accessory dwelling unit or junior accessory dwelling unit is located upon a hillside lot, the applicant shall demonstrate, to the satisfaction of the Community Development Director, that the accessory dwelling unit or junior accessory dwelling unit is not subject to actual or potential damage from landslide, earth movement or other geologic hazards. (2) In lieu of compliance with the Uniform Building Code, the accessory dwelling unit or junior accessory dwelling unit shall comply with the Uniform Housing Code as adopted by the City and shall otherwise comply with applicable health and fire codes. (3) Provided that not less than three off-street parking spaces are available on the site, the requirement of a covered parking space for the accessory dwelling unit or junior accessory dwelling unit may be waived if there is no feasible location on the site for either a garage or carport. In such event, the parking space for the accessory dwelling unit or junior accessory dwelling unit shall be screened from view from the street, if possible; otherwise, the driveway on the site may be utilized as a parking space for the accessory dwelling unit or junior accessory dwelling unit. (43) Where the accessory dwelling unit or junior accessory dwelling unit is served by a septic tank, the septic system shall be inspected and approved by the County Health Department. In addition, the applicant shall execute and record a deferred improvement agreement wherein the applicant and the applicant's successors will be obligated to connect the accessory dwelling unit or junior accessory dwelling unit, and the main dwelling if also served by a septic system, to 69 11 a sanitary sewer whenever the same becomes available and to pay the applicant's or the applicant's successors' proportionate share of the installation cost. (e) Disqualified existing units. Any accessory dwelling unit or junior accessory dwelling unit established prior to February 19, 2003, which does not qualify for legalization under this Section by reason of not having been lawfully constructed, shall be deemed a new unit subject to the remaining provisions of this Article, except as follows: (1) The existing accessory dwelling unit or junior accessory dwelling unit shall comply with the standards set forth in subsection (d) of this Section. (2) The existing accessory dwelling unit or junior accessory dwelling unit shall comply with current zoning regulations, unless a variance is granted pursuant to Article 15-70 of this Chapter. (f) Burden of proof. Wherever in this Section the legalization of an existing accessory dwelling unit or junior accessory dwelling unit depends upon the establishment of any event occurring on or before a specified date, the burden of proof shall be upon the applicant. End of Amendments 70 CITY OF SARATOGA Memorandum To: Saratoga Planning Commission From: Debbie Pedro, Community Development Director Date: July 8, 2020 Subject: City Attorney Communication The attached email from the City Attorney is in response to questions posed by the Commission regarding straw polls at the June 10, 2020 Regular Planning Commission Meeting. Attachment 1 – City Attorney Communication 71 From:Debbie Pedro To:Frances Reed Subject:FW: Straw polls Date:Monday, July 6, 2020 10:24:25 AM Attachments:image001.png City Council Resolution 09-052 (002) (action minutes).pdf Importance:High From: William Parkin <wparkin@wittwerparkin.com> Sent: Monday, July 6, 2020 10:00 AM To: Debbie Pedro <dpedro@saratoga.ca.us> Subject: Straw polls Importance: High CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Debbie: I have reviewed the Planning Commission meeting video of February 12, 2020, where the Chair asked for a straw poll. After the Commissioners’ reactions to the Chair’s request, the Chair then asked for a formal motion. There was a motion, a second, discussion and a vote on the motion. The motion passed unanimously. Straw polls, or straw votes, are not permitted under Robert’s Rules of Order. However, the City does not follow Robert’s Rules of Order and instead follows Rosenberg’s Rules of Order. Rosenberg’s Rules of Order are silent on straw polls. The Brown Act also does not speak to, or expressly prohibit, straw polls. (Note that the Brown Act does prohibit “tak[ing] action by secret ballot, whether preliminary or final.” The straw poll in question was not a secret ballot.) As to whether the straw poll needs to be reflected in the minutes, the City’s procedures call for Action Minutes only. (See attached City Council Resolution.) Note that the recitals in the attached resolution state that minutes “are not transcriptions, nor an exact record of discussions and conversations,” and that “the video archive on the City’s website and the DVD recordings are a true record of City Council and Planning Commission meetings and are available to the public.” (Emphasis added.) In my view, the motion and vote were correctly reflected in the minutes. The straw poll immediately prior to the motion did not constitute the action of the Commission, but instead led to the formal motion. Nevertheless, the video does reflect the true record of the straw poll and discussion resulting in the motion which constituted the Commission’s formal action. Let me know if you have any further questions. Bill Attachment 1 72 William P. Parkin Wittwer Parkin LLP 335 Spreckels Drive, Suite H Aptos, CA 95003 (831) 429-4055 73 ABSENT: None ABSTAIN: None RESOLUTION NO. 09 -052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING "ACTION" MINUTES FORMAT FOR COUNCIL AND PLANNING COMMISSION MEETINGS WHEREAS, it is the responsibility of the City Clerk to keep an accurate legal record of the actions and proceedings of the legislative body. The record of proceedings used is referred to as Minutes and WHEREAS, the record of "Minutes" are not transcriptions, nor an exact record of discussions and conversations; and WHEREAS, in 2007, the City of Saratoga implemented the paperless agenda/packet and began video streaming City Council and Planning Commission meetings; and WHEREAS, the video archive on the City's website and the DVD recordings are a true record of City Council and Planning Commission meetings and are available to the public. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby approve the implementation of "Action" minutes format for creating the record of actions and proceedings of the legislative body (City Council and Planning Commission). BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 16 day of September 2009 by the following vote: AYES: Councilmember Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor Kathleen King, Mayor Chuck Page NOES: None Chuc Page, Mayo 74