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Home My WebLink About09-25-19 Planning Commission PacketSaratoga Planning Commission Agenda – Page 1 of 2 SARATOGA PLANNING COMMISSION SPECIAL MEETING SEPTEMBER 25, 2019 7:00 P.M. - PLANNING COMMISSION SPECIAL 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 September 11, 2019. Recommended Action: Approve Minutes of September 11, 2019 meeting. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the Planning Commission for up to three (3) minutes on matters not on this agenda. This law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staff accordingly regarding Oral Communications. REPORT ON APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision. 1. NEW BUSINESS 2. PUBLIC HEARING Applicants and/or their representatives have a total of ten (10) minutes maximum for opening statements. All interested persons may appear and be heard during this meeting regarding the items on this agenda. If items on this agenda are challenged in court, members of the public may be limited to raising only issues raised at the Public Hearing or in written correspondence delivered to the Planning Commission at, or prior to the close of the Public Hearing. Members of the public may comment on any item for up to three (3) minutes. Applicants and/or their representatives have a total of five (5) minutes maximum for closing statements. 2.1. Application PDR19-0007; 14160 Victor Place (397-27-018); Priti Goel/Brian Capsey. The applicant requests Design Review approval to construct a 1,192 square foot second story addition to an existing one-story single-family residence for a total floor area of 3,511 square feet. The project will include a 361 square foot first story addition to construct an attached accessory dwelling unit. The height of the project will not exceed 22 feet. No trees Saratoga Planning Commission Agenda – Page 2 of 2 are proposed for removal. The site is zoned R-1-10,000 with a General Plan Designation of Medium Density. Staff Contact: Christopher Riordan (408) 868-1235 or criordan@saratoga.ca.us. Recommended Action: Adopt Resolution No. 19-029 approving the proposed residence subject to conditions of approval included in Attachment 1. 2.2. Application PDR19-0006, ARB19-0021; 19361 Valle Vista Drive (397-11-014); Anil Ubale and Anu Sonvane/Tom Sloan AIA. The applicant requests Design Review approval to construct a two-story, 18’-1” tall, 5,957 square foot single-family home with an attached accessory dwelling unit. Five protected trees are requested for removal. The site is zoned R-1-40,000 with a General Plan Designation of Residential Very Low Density. Staff Contact: Victoria Hernandez (408) 868-1212 or vhernandez@saratoga.ca.us. Recommended Action: Adopt Resolution No. 19-027 approving the proposed residence subject to conditions of approval included in Attachment 1. 2.3. Application PDR19-0005, ARB19-0018; 14431 Fruitvale Avenue (397-17-006); Jianwen Zhang and Na Wei Yin/Tri Hong. The applicant requests Design Review approval to construct a 6,072 square feet one story single-family residence with an attached accessory dwelling unit. The height of the residence will not exceed 21’-6”. Eleven protected trees are requested for removal. The site is zoned R-1-40,000 with a General Plan Designation of Residential Very Low Density. Staff Contact: Christopher Riordan (408) 868-1235 or criordan@saratoga.ca.us. Recommended Action: Adopt Resolution No. 19-024 approving the proposed residence subject to conditions of approval included in Attachment 1. DIRECTOR ITEMS COMMISSION ITEMS ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA I, Frances Reed, Administrative Assistant for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission was posted and available for public review on September 19, 2019 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. Signed this 19th day of September 2019 at Saratoga, California. Frances Reed, Administrative Assistant In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102- 35.104 ADA title II] You can also sign up to receive email notifications when Commission agendas and minutes have been added to the City at website http://www.saratoga.ca.us/contact/email_subscriptions.asp. NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at www.saratoga.ca.us Report to the Planning Commission 14160 Victor Place – Application # PDR19-0007 September 25, 2019 Page | 4 Landscaping New front yard landscaping would include a permeable paver driveway, concrete paver walkways and drought tolerant plants and grasses. All existing shrubs and trees in the front yard will be maintained 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 may be made in the affirmative in that the project is primarily limited to the construction of a second story addition to an existing one-story single-family home. The natural contours of the site will be maintained, and the proposed 84 cubic yards of grading is for the construction of the 361 square foot first story addition, the installation of a permeable paver driveway, and contouring the site to direct drainage to landscaped and bioretention areas located in the rear yard. 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 site contains both protected and non- protected trees and all the trees will be preserved and protected with fencing during construction. 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 residence is similar in overall mass and height to the surrounding residences in the neighborhood. The existing residence to the south is a two-story structure that is taller than the proposed residence and the existing home to the north is a one-story residence that is shorter than the proposed project. The mass and height of the proposed residence is concentrated on the south side of the building footprint to smooth the transition between the varying height of the three structures. In addition, the eave line on the northern side of the building is reduced to increase the eave height compatibility between the proposed structure and the neighboring structure. 10 Report to the Planning Commission 14160 Victor Place – Application # PDR19-0007 September 25, 2019 Page | 5 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 the project is a two-story residence in a neighborhood with both one and two-story structures, the project concentrates the massing toward the center of the site with the height concentrated toward the middle of the building footprint and is lower at both sides to increase compatibility with neighboring homes. The project includes architectural elements consistent with the modern 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 new front yard landscaping would include a permeable paver driveway, concrete paver walkways and drought tolerant plants and grasses. All existing shrubs and trees in the front yard will be maintained. Hardscape would be less than 50% of the front setback area. 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 tallest elements of the structure are located at the center of the site to minimize shadowing, the project meets or exceeds required setbacks, and the orientation of the sun with respect to the location of the site will not cast shadows on adjoining properties. g. The design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055. This finding can be made in the affirmative because the proposed project incorporates applicable design policies and techniques from the Residential Design Handbook. The overall mass and height of the structure are in scale with the neighborhood; the structure is set back in proportion to the size and shape of the lot; site development follows contours and is appropriate given the property’s natural constraints. In addition, the proposed materials, colors, and details enhance the architecture in a well-composed, understated manner. h. On hillside lots, the location and the design of the structure avoid unreasonable impacts to ridgelines, significant hillside features, community viewsheds, and is in compliance with Section 15-13.100. This finding is not applicable to the project as the site is not considered a hillside lot. 11 Report to the Planning Commission 14160 Victor Place – Application # PDR19-0007 September 25, 2019 Page | 6 Neighbor Notification and Correspondence A public notice was sent to property owners within 500 feet of the site. In addition, the public hearing notice and description of the project was published in the Saratoga News. One neighbor notification form was provided by the applicant and is included as Attachment 2. ENVIRONMENTAL DETERMINATION The project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, “New Construction or Conversion of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction of three single-family residences in a residential area. The project, as proposed, is for the construction of a new residence in a suburban, residential area. ATTACHMENTS 1. Resolution No. 19-024 2. Neighbor Notification Form 3. Story Pole Certification 4. Project Plans 12 RESOLUTION NO: 19-029 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING DESIGN REVIEW PDR19-0007 14160 VICTOR PLACE (APN 397-27-018) WHEREAS, on April 29, 2019 an application was submitted by Brian Capsey on behalf of Priti Goel requesting Design Review approval to construct a new 1,192 square foot second story addition to an existing one-story residence located at 14160 Victor Place (APN 397-27-018). No protected trees are proposed for removal. The site is located within the R-1-10,000 zoning district. WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA) and recommends that the Planning Commission determine this project Categorically Exempt. WHEREAS, on September 25, 2019 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. 13 14160 Victor Place Application # PDR19-0007 Resolution #19-029 Page | 2 Section 5: The City of Saratoga Planning Commission hereby approves PDR19-0007, located at 14160 Victor Place (APN 397-27-018), 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 25th day of September 2019 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Sunil Ahuja Chair, Planning Commission 14 14160 Victor Place Application # PDR19-0007 Resolution #19-029 Page | 3 Exhibit 1 CONDITIONS OF APPROVAL PDR19-0007 14160 Victor Lane (APN 397-27-018) 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. 15 14160 Victor Place Application # PDR19-0007 Resolution #19-029 Page | 4 COMMUNITY DEVELOPMENT DEPARTMENT 5. The owner shall restrict the rental of the accessory dwelling unit to only households that qualify as low, very-low, or extremely-low income households as those terms are defined in the most recent Santa Clara County Housing and Urban Development Program Income Limits or, in the event that the most recent such report is more than five years old, in accordance with the definitions set forth in Health and Safety Code section 50079.5, 50105, and 50106 as those sections exist as of the effective date of this restriction. “Rental” means any agreement whereby the occupant(s) of the accessory dwelling unit make any payment in consideration of said occupancy. The Deed Restriction document shall be notarized and recorded with the County of Santa Clara Clerks Office, prior to issuance of building permit. 6. The owner/applicant shall comply with all City requirements regarding drainage, including but not limited to complying with the city approved Stormwater management plan. The project shall retain and/or detain any increase in design flow from the site, that is created by the proposed construction and grading project, such that adjacent down slope properties will not be negatively impacted by any increase in flow. Design must follow the current Santa Clara County Drainage Manual method criteria, as required by the building department. Retention/detention element design must follow the Drainage Manual guidelines, as required by the building department. 7. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated June 22, 2019. 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. 8. Prior to issuance of Building Permits, the applicant shall submit for staff approval, a Lighting Plan for the home’s exterior and landscaped areas. Proposed exterior lighting shall be limited to full-cut off & shielded fixtures with downward directed illumination so as not to shine on adjacent properties or public right-of-way. All proposed exterior lighting shall be designed to limit illumination to the site and avoid creating glare impacts to surrounding properties. 9. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 10. Prior to issuance of Building Permits, the applicant shall prepare for review and approval by City staff a Construction Management Plan for the project which includes but is not limited to the following: a. Proposed construction worker parking area. b. Proposed construction hours that are consistent with City Code. c. Proposed construction/delivery vehicle staging or parking areas. 16 14160 Victor Place Application # PDR19-0007 Resolution #19-029 Page | 5 d. Proposed traffic control plan with traffic control measures, any street closure, hours for delivery/earth moving or hauling, etc. To the extent possible, any deliveries, earth moving or hauling activities will be scheduled to avoid peak commute hours. e. Proposed construction material staging/storage areas. f. Location of project construction sign outlining permitted construction work hours, name of project contractor and the contact information for both homeowner and contractor. 11. All fences, walls and hedges shall conform to height requirements provided in City Code Section 15-29. 12. The final landscaping and irrigation plan submitted for Building Permit approval shall demonstrate how the project complies with the State Water Efficient Landscape Ordinance and shall consider the following: a. To the extent feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. b. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. c. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. d. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. e. Any proposed or required under grounding of utilities shall take into account potential damage to roots of protected trees 13. Front 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. 14. 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. 15. 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 16. The owner/applicant shall comply with all Fire Department requirements. 17 14160 Victor Place Application # PDR19-0007 Resolution #19-029 Page | 6 PUBLIC WORKS 17. Applicant / Owner shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement including all new utilities prior to commencement of the work to implement this Design Review. 18. Applicant / Owner shall make the following improvements in the City right-of-way: • Install new driveway approach and match to existing grade. See City of Saratoga Standard Details for removal and new installation. New flow line shall conform to existing flow lines and grade. 19. Damages to driveway approach, curb and gutter, public streets, or other public improvements during construction shall be repaired prior to final inspection. 20. All new/upgraded utilities shall be installed underground. 21. 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. 22. All project that create and/or replace more than 2,500 square feet of impervious surface shall install one or more of the following site design measures: a. Direct roof runoff into cisterns or rain barrels for reuse. b. Direct roof runoff onto vegetated areas. c. Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. d. Direct runoff from driveways and/or uncovered parking lots onto vegetated areas. e. Construct sidewalks, walkways, and/or patios with permeable surfaces. f. Construct bike lanes, driveways, and/or uncovered parking lots with permeable surfaces. 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. Construction Site Control a. Owner shall implement construction site inspection and control to prevent construction site discharges of pollutants into the storm drains per approved Erosion Control Plan. b. 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. c. City will conduct inspections to determine compliance and determine the effectiveness of 18 14160 Victor Place Application # PDR19-0007 Resolution #19-029 Page | 7 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 the Building final, all Public works conditions shall be completed per approved plans. BUILDING DEPARTMENT SUBMITTAL 26. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department. b. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. c. This signed and dated Resolution printed onto separate construction plan pages. 19 CITY OF SARATOGA Memorandum To: Saratoga Planning Commission From: Christopher Riordan, Senior Planner Date: September 25, 2019 Subject: 14160 Victor Place (PDR19-0007) - Supplemental Attachment 1 The attached letter from an adjacent neighbor at 20434 Walnut Avenue was provided after the staff report was prepared. Attachment 1 – Letter from neighbor at 20434 Walnut Avenue 39 CITY OF SARATOGA Memorandum To: Saratoga Planning Commission From: Christopher Riordan, Senior Planner Date: September 25, 2019 Subject: 14160 Victor Place (PDR19-0007) - Supplemental Attachment 2 The attached neighbor notification letters for 14160 Victor Place were provided after the staff report was prepared. Attachment 1 – Neighbor Notification Letters 43 CITY OF SARATOGA Memorandum To: Saratoga Planning Commission From: Christopher Riordan, Senior Planner Date: September 25, 2019 Subject: 14160 Victor Place (PDR19-0007) - Supplemental Attachment 3 The attached neighbor notification letters for 14160 Victor Place were provided after the staff report was prepared. Attachment 1 – Neighbor Notification Letters 51 Report to the Planning Commission 19361 Valle Vista Drive – Application # PDR19-0006, ARB19-0021 September 25, 2019 Page | 4 deposit of $28,935 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 2). Landscaping The majority of the existing landscaping is proposed to remain on the site. New ground cover is proposed in the front yard to enhance the landscaping. A new permeable paver driveway and crushed granite walkway are also proposed in the front yard. 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. 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 basement and lower level of the residence, as well as contouring the site as necessary to direct water to landscaped areas. 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 five (5) 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 and utilities. A total of fifty-four (54) 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 second story has a proposed height that does not exceed the maximum allowable height for a single-family residence and proposed 57 Report to the Planning Commission 19361 Valle Vista Drive – Application # PDR19-0006, ARB19-0021 September 25, 2019 Page | 5 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 two-story residence in a neighborhood with both one and two-story structures. The residence will have the appearance of a one-story structure from the street, fitting with the context of other residences within its vicinity. 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 setback area and limited to a permeable paver driveway and crushed granite walkways. New ground cover is proposed in the front yard to enhance the streetscape. 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 project is not located on a ridgeline, and will not affect any significant hillside features or community viewsheds. 58 Report to the Planning Commission 19361 Valle Vista Drive – Application # PDR19-0006, ARB19-0021 September 25, 2019 Page | 6 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 three (3) completed neighborhood notification forms, which had no negative project related comments (Attachment 3). No public comments were received as of the writing of this report. 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 residence in a suburban, residential area. ATTACHMENTS 1. Resolution No. 19-027 2. Arborist Report 3. Neighbor Notification Forms 4. Story Pole Certification 5. Project Plans 59 RESOLUTION NO: 19-027 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING DESIGN REVIEW PDR19-0006 AND ARBORIST REPORT ARB19-0021 19361 VALLE VISTA DRIVE (APN 397-11-014) WHEREAS, on April 22, 2019 an application was submitted by Anil Ubale and Anu Sonvane, requesting Design Review approval to construct a new 5,957 square foot two-story residence which includes a 487 square foot detached garage and a 721 square foot attached accessory dwelling unit located at 19361 Valle Vista Drive (APN 397-11-014). Five (5) 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 September 25, 2019 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 60 19361 Valle Vista Drive Application # PDR19-0006 / ARB19-0021 Resolution #19-027 Page | 2 neighborhood. In addition, the proposed materials, colors, and details enhance the architecture in a well-composed, understated manner. Section 5: The City of Saratoga Planning Commission hereby approves PDR19-0006, and ARB19-0021 located at 19361 Valle Vista Drive (APN 397-11-014), 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 25th day of September 2019 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Sunil Ahuja Chair, Planning Commission 61 19361 Valle Vista Drive Application # PDR19-0006 / ARB19-0021 Resolution #19-027 Page | 3 Exhibit 1 CONDITIONS OF APPROVAL PDR19-0006 AND ARB19-0021 19361 VALLE VISTA DRIVE (APN 397-11-014) 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. 62 19361 Valle Vista Drive Application # PDR19-0006 / ARB19-0021 Resolution #19-027 Page | 4 COMMUNITY DEVELOPMENT DEPARTMENT 5. The owner shall restrict the rental of the accessory dwelling unit to only households that qualify as low, very-low, or extremely-low income households as those terms are defined in the most recent Santa Clara County Housing and Urban Development Program Income Limits or, in the event that the most recent such report is more than five years old, in accordance with the definitions set forth in Health and Safety Code section 50079.5, 50105, and 50106 as those sections exist as of the effective date of this restriction. “Rental” means any agreement whereby the occupant(s) of the accessory dwelling unit make any payment in consideration of said occupancy. The Deed Restriction document shall be notarized and recorded with the County of Santa Clara Clerks Office, prior to issuance of building permit. 6. The owner/applicant shall comply with all City requirements regarding drainage, including but not limited to complying with the city approved Stormwater management plan. The project shall retain and/or detain any increase in design flow from the site, that is created by the proposed construction and grading project, such that adjacent down slope properties will not be negatively impacted by any increase in flow. Design must follow the current Santa Clara County Drainage Manual method criteria, as required by the building department. Retention/detention element design must follow the Drainage Manual guidelines, as required by the building department. 7. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans date stamped September 4, 2019. 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. 8. Prior to issuance of Building Permits, the applicant shall submit for staff approval, a Lighting Plan for the home’s exterior and landscaped areas. Proposed exterior lighting shall be limited to full-cut off & shielded fixtures with downward directed illumination so as not to shine on adjacent properties or public right-of-way. All proposed exterior lighting shall be designed to limit illumination to the site and avoid creating glare impacts to surrounding properties. 9. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 10. Prior to issuance of Building Permits, the applicant shall prepare for review and approval by City staff a Construction Management Plan for the project which includes but is not limited to the following: a. Proposed construction worker parking area. b. Proposed construction hours that are consistent with City Code. c. Proposed construction/delivery vehicle staging or parking areas. d. Proposed traffic control plan with traffic control measures, any street closure, hours for delivery/earth moving or hauling, etc. To the extent possible, any deliveries, earth moving or hauling activities will be scheduled to avoid peak commute hours. 63 19361 Valle Vista Drive Application # PDR19-0006 / ARB19-0021 Resolution #19-027 Page | 5 e. Proposed construction material staging/storage areas. f. Location of project construction sign outlining permitted construction work hours, name of project contractor and the contact information for both homeowner and contractor. 11. All fences, walls and hedges shall conform to height requirements provided in City Code Section 15-29. 12. The final landscaping and irrigation plan submitted for Building Permit approval shall demonstrate how the project complies with the State Water Efficient Landscape Ordinance and shall take into account the following: a. To the extent feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. b. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. c. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, cl imate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. d. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. e. Any proposed or required under grounding of utilities shall take into account potential damage to roots of protected trees 13. Front 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. 14. 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. 15. 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 16. The owner/applicant shall comply with all Fire Department requirements. ARBORIST 17. All requirements in the City Arborist report dated July 24, 2019 are hereb y adopted as conditions of approval and shall be implemented as part of the approved plans. 64 19361 Valle Vista Drive Application # PDR19-0006 / ARB19-0021 Resolution #19-027 Page | 6 PUBLIC WORKS 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. Remove and replace the approximately 130 LF of AC berm that runs along the property’s frontage between the existing storm drain manhole and Tree 1940. See City of Saratoga Standard Details for removal and new installation. New flow line shall conform to existing flow lines and grade. 20. Prior to issuance of Building Permit, the property owner shall dedicate to the City a new storm drain easement that follows the existing storm drain pipeline. 21. Damages to driveway approach, curb and gutter, public streets, or other public improvements during construction shall be repaired prior to final inspection. 22. All new/upgraded utilities shall be installed underground. 23. 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. 24. All project that create and/or replace more than 2,500 and less than 10,000 square feet of impervious surface square feet of impervious surface shall install one or more of the following site design measures: a. Direct roof runoff into cisterns or rain barrels for reuse. b. Direct roof runoff onto vegetated areas. c. Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. d. Direct runoff from driveways and/or uncovered parking lots onto vegetated areas. e. Construct sidewalks, walkways, and/or patios with permeable surfaces. f. Construct bike lanes, driveways, and/or uncovered parking lots with permeable surfaces. 25. 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). 65 19361 Valle Vista Drive Application # PDR19-0006 / ARB19-0021 Resolution #19-027 Page | 7 26. Construction Site Control a. Owner shall implement construction site inspection and control to prevent construction site discharges of pollutants into the storm drains per approved Erosion Control Plan. b. 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. c. 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. 27. Prior to the Building final, all Public works conditions shall be completed per approved plans. 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 July 24, 2019 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. 66 Community Development Department City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 CITY OF SARATOGA ARBORIST APPROVAL Conditions of Approval and Tree Protection Plan Application No. ARB19-0021 Prepared by Kate Bear, City Arborist Site: 19361 Valle Vista Drive Phone: (408) 868-1276 Owner: Anil Ubale & Anu Sonvane Email: kbear@saratoga.ca.us APN: 397-11-014 Date: July 24, 2019 PROJECT SCOPE: The applicant has submitted plans to demolish the existing house and detached carport and construct a new two story house with attached two car garage. Five trees (1, 1967, 1968, 1969 and 1982) are requested for removal to construct the project. STATUS: Approved by City Arborist, with attached conditions. PROJECT DATA IN BRIEF: Tree security deposit – Required = $28,935 Tree protection – Required – See Conditions of Approval and attached map. Tree removals – Trees 1, 1967, 1968, 1969 and 1982 are approved for removal once building permits have been issued. Replacement trees – Required = $12,740 ATTACHMENTS: 1 – Findings and Tree Information 2 – Tree Removal Criteria 3 – Conditions of Approval 4 – Map Showing Tree Protection 1 67 19361 Valle 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. Five trees (1, 1967, 1968, 1969 and 1982) 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 Tree No. Species Criteria met Comments 1 Coast live oak 1, 4, 7, 9 In footprint of new house 1968, 1969 Coast live oak 1, 4, 5, 7, 9 In conflict with utilities, crowded 1967 Dwarf blue gum 1, 4, 7, 9 In conflict with utility 1982 Coast live oak 1, 4, 7, 9 Dead 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 June 20, 2019; 2) The Project Data in Brief, the Conditions of Approval, and the map showing tree protection from this report dated July 24, 2019. TREE INFORMATION: Arborist Report reviewed: Preparer: Richard Gessner, Monarch Consulting Arborists, LLC Date of Report: June 20, 2019 Number of protected trees inventoried: 59 Number of protected trees requested for removal: 5 Trees 1966 and 1988 are not protected by City Code and may be deleted from the tree protection plan and removed without a permit. Tables summarizing the information about each tree follow. 2 68 19631 Valle Vista Drive Attachment 1 TREE INFORMATION: Table 2: Tree information from June 20, 2019 arborist report. 3 69 19631 Valle Vista Drive Attachment 1 Table 2 continued: Tree information from June 20, 2019 arborist report. 4 70 19631 Valle Vista Drive Attachment 1 Table 2 continued: Tree information from June 20, 2019 arborist report. 5 71 19631 Valle Vista Drive Attachment 1 Table 2 continued: Tree information from June 20, 2019 arborist report. 6 72 19631 Valle Vista Drive Attachment 1 Table 2 continued: Tree information from June 20, 2019 arborist report. 7 73 19361 Valle 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. 8 74 19361 Valle 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: a. Receipt of a Planning or Building permit does not relieve applicant of his responsibilities for protecting trees per City Code Article 15-50 on all construction work. b. 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 recommendations and tree information from the arborist report by Richard Gessner dated June 20, 2019 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 July 24, 2019. 4. Tree Protection Security Deposit: a. Is required per City Ordinance 15-50.080. b. Shall be $28,935 for trees 1, 1928, 1936, 1937, 1961, 1962, 1963, 1965, 1967 – 1974, 1976, 1980 and 1985. c. Shall be obtained by the owner and filed with the Community Development Department before obtaining Building Division permits. d. May be in the form of cash, check, credit card payment or a bond. e. Shall remain in place for the duration of construction of the project. f. May be released once the project has been completed, inspected and approved by the City Arborist. 5. Tree Protection Fencing: a. Shall be installed as shown on the attached map. b. Shall be shown on the Site Plan. c. Shall be established prior to the arrival of construction equipment or materials on site. d. Shall be comprised of six-foot high chain link fencing mounted on 2-inch diameter galvanized posts, driven into the ground and spaced no more than 10 feet apart. e. Shall be posted with signs saying “TREE PROTECTION FENCE - DO NOT MOVE OR REMOVE WITHOUT APPROVAL FROM CITY ARBORIST, KATE BEAR (408) 868-1276”. f. Call City Arborist, Kate Bear at (408) 868-1276 for an inspection of tree protection fencing once it has been installed and prior to obtaining building division permits. g. Tree protection fencing shall remain undisturbed throughout the construction until final inspection. 6. Construction: All construction activities shall be conducted outside tree protection fencing unless permitted as conditioned below. These activities include, but are not necessarily limited to, the following: demolition, grading, trenching for utility installation, equipment cleaning, stockpiling and dumping materials (including soil fill), and equipment/vehicle operation and parking. 9 75 19361 Valle Vista Drive Attachment 3 7. Work inside fenced areas: a. Requires field meeting with City Arborist before performing work. b. Requires City Arborist approval prior to performing work. c. Requires Project Arborist on site to monitor work. 8. Project Arborist: a. Shall be Richard Gessner 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. c. Shall provide a letter/email to the City after each inspection. The letters/emails shall document the work performed around trees, include photos of the work in progress, and provide information on the condition of the trees during construction. d. Shall supervise any permitted pruning or root pruning of trees on site. Roots of protected trees measuring two inches in diameter or more shall not be cut without prior approval of the Project Arborist. Roots measuring less than two inches in diameter may be cut using a sharp pruning tool. 9. Tree removal: Trees 1, 1967, 1968, 1969 and 1982 meet the criteria for removal and may be removed once building division permits have been obtained. 10. New trees: a. New trees equal to $12,470 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 they do not encroach on existing trees. b. At least two trees shall be planted in the front yard. c. 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. d. 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 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 below. b. Water loving plants and lawns are not permitted under oak tree canopies. 12. Final inspection: a. 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 Cit y Arborist for a final inspection. b. 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. 10 76 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 BoardUnusual 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!SHEET NUMBERC-3.086 Report to the Planning Commission 14431 Fruitvale Avenue – Application # PDR19-0005/ARB19-0018 September 25, 2019 Page | 4 permits. Details of the arborist’s findings and descriptions of the trees to be removed and preserved are included in the Arborist Report (Attachment 2). Landscaping The new residence would be in approximately the same location as the existing structure. The swimming pool and all existing formal landscaping and patios/hardscape near the residence would be removed. The asphalt of the existing circular driveway would be removed and replaced with permeable pavers. As mentioned in the previous paragraph, the lot contains numerous large mature walnut and oak trees that are to remain integral to the landscaping with tree removals limited to eleven trees in poor condition. Due to the number of existing mature trees within the front yard no new landscaping is proposed in this area. New landscaping will be limited to the courtyard area and will consist of drought tolerant flowers and shrubs. 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 may be made in the affirmative in that the project minimizes changes to the contours of the site. Grading will be limited to expanding the area of the building pad to accommodate a larger structure, expanding the size of the driveway adjacent to the residence to provide vehicular access, and contouring the site to direct stormwater to landscaping and retention areas. Grading is minimized as the new structure will be in the same location as the existing structure with no significant change in the finished floor elevation. b. All protected trees shall be preserved, as provided in Article 15-50 (Tree Regulations). If constraints exist on the property, the number of protected trees, heritage trees, and native trees approved for removal shall be reduced to an absolute minimum. Removal of any smaller oak trees deemed to be in good health by the City Arborist shall be minimized using the criteria set forth in Section 15-50.080. This finding can be made in the affirmative in that the number of trees to be removed is limited to 11 trees which were evaluated by the City Arborist as being in poor condition. These 11 trees include one flowering plum, three Acacia, and seven Black walnut. None of the Oaks are being removed. A total of 59 protected trees remain near the project - tree protection fencing is required to be installed prior to the issuance of building permits and shall remain in place for the duration of the project. 107 Report to the Planning Commission 14431 Fruitvale Avenue – Application # PDR19-0005/ARB19-0018 September 25, 2019 Page | 5 c. The height of the structure, its location on the site, and its architectural elements are designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds. This finding can be made in the affirmative in that the project is a single story so there will be no elevated decks or balconies to impact the privacy of adjoining properties. The finished floor of the new structure would be the approximately the same elevation as the existing structure. The proposed home would be in approximately the same location as the existing home there should not be an increase of views into adjacent properties. No community view sheds are in the vicinity of the project. d. The overall mass and height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood. This finding can be made in the affirmative in that the single-story residence is similar in overall mass and height to the surrounding residences in the neighborhood. The existing residence to the south is a two-story structure that is taller than the proposed residence and the existing home to the north is a one-story residence that is shorter than the proposed project. The mass and height of the proposed residence is concentrated on the south side of the building footprint to smooth the transition between the varying height of the three structures. In addition, the eave line on the northern side of the building is reduced to increase the eave height compatibility between the proposed structure and the neighboring structure. 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 project will maintain the location of the existing circular driveway. The existing concrete driveway will be removed and replaced with permeable pavers not to exceed 9% of the front setback area. The front setback area is dominated by mature trees including Walnut’s and Oak’s and no additional landscaping within the front setback area is proposed. 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 tallest elements of the structure are located at the center of the site to minimize shadowing, the project meets or exceeds required setbacks, and the orientation of the sun with respect to the location of the site will not cast shadows on adjoining properties. 108 Report to the Planning Commission 14431 Fruitvale Avenue – Application # PDR19-0005/ARB19-0018 September 25, 2019 Page | 6 g. The design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055. This finding can be made in the affirmative because the proposed project incorporates applicable design policies and techniques from the Residential Design Handbook. The overall mass and height of the structure are in scale with the neighborhood; the structure is set back in proportion to the size and shape of the lot; site development follows contours and is appropriate given the property’s natural constraints. In addition, the proposed materials, colors, and details enhance the architecture in a well-composed, understated manner. h. On hillside lots, the location and the design of the structure avoid unreasonable impacts to ridgelines, significant hillside features, community viewsheds, and is in compliance with Section 15-13.100. This finding is not applicable to the project as the site is not considered a hillside lot. Neighbor Notification and Correspondence The applicant submitted fourteen (14) completed neighborhood notification forms which are included as Attachment 3. None of the submitted forms included negative project related comments. The Community Development Department mailed public notices 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 ENVIRONMENTAL DETERMINATION The project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, “New Construction or Conversion of Small Structures”, Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction of three single-family residences in a residential area. The project, as proposed, is for the construction of a new residence in a suburban, residential area. ATTACHMENTS 1. Resolution No. 19-024 2. Arborist Report dated June 26, 2019 3. Neighbor Notification Forms 4. Story Pole Certification 5. Project Plans 109 RESOLUTION NO: 19-024 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING DESIGN REVIEW PDR19-0005 / ARB19-0018 14431 FRUITVALE AVENUE (APN 397-17-006) WHEREAS, on March 28, 2019 an application was submitted by Tri Hong on behalf of Jianwen Zhang & Na Wei Yin Priti requesting Design Review approval to construct a new 5,844 square foot single-story residence located at 14431 Fruitvale Avenue (APN 397-17-006). Eleven 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 September 25, 2019 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 1 110 14431 Fruitvale Avenue Application # PDR19-0005/ARB19-0018 Resolution #19-024 Page | 2 Section 5: The City of Saratoga Planning Commission hereby approves PDR19-0005 and ARB19-0018, located at 14431 Fruitvale Avenue (APN 397-17-006), 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 25th day of September 2019 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Sunil Ahuja Chair, Planning Commission 111 14431 Fruitvale Avenue Application # PDR19-0005/ARB19-0018 Resolution #19-024 Page | 3 Exhibit 1 CONDITIONS OF APPROVAL PDR19-0005/ARB19-0018 14431 FRUITVALE AVENUE (APN 397-27-018) 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. 112 14431 Fruitvale Avenue Application # PDR19-0005/ARB19-0018 Resolution #19-024 Page | 4 COMMUNITY DEVELOPMENT DEPARTMENT 5. The owner shall restrict the rental of the accessory dwelling unit to only households that qualify as low, very-low, or extremely-low income households as those terms are defined in the most recent Santa Clara County Housing and Urban Development Program Income Limits or, in the event that the most recent such report is more than five years old, in accordance with the definitions set forth in Health and Safety Code section 50079.5, 50105, and 50106 as those sections exist as of the effective date of this restriction. “Rental” means any agreement whereby the occupant(s) of the accessory dwelling unit make any payment in consideration of said occupancy. The Deed Restriction document shall be notarized and recorded with the County of Santa Clara Clerks Office, prior to issuance of building permit. 6. The owner/applicant shall comply with all City requirements regarding drainage, including but not limited to complying with the city approved Stormwater management plan. The project shall retain and/or detain any increase in design flow from the site, that is created by the proposed construction and grading project, such that adjacent down slope properties will not be negatively impacted by any increase in flow. Design must follow the current Santa Clara County Drainage Manual method criteria, as required by the building department. Retention/detention element design must follow the Drainage Manual guidelines, as required by the building department. 7. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans date stamped August 19, 2019. 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. 8. Prior to issuance of Building Permits, the applicant shall submit for staff approval, a Lighting Plan for the home’s exterior and landscaped areas. Proposed exterior lighting shall be limited to full-cut off & shielded fixtures with downward directed illumination so as not to shine on adjacent properties or public right-of-way. All proposed exterior lighting shall be designed to limit illumination to the site and avoid creating glare impacts to surrounding properties. 9. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 10. Prior to issuance of Building Permits, the applicant shall prepare for review and approval by City staff a Construction Management Plan for the project which includes but is not limited to the following: a. Proposed construction worker parking area. b. Proposed construction hours that are consistent with City Code. c. Proposed construction/delivery vehicle staging or parking areas. 113 14431 Fruitvale Avenue Application # PDR19-0005/ARB19-0018 Resolution #19-024 Page | 5 d. Proposed traffic control plan with traffic control measures, any street closure, hours for delivery/earth moving or hauling, etc. To the extent possible, any deliveries, earth moving or hauling activities will be scheduled to avoid peak commute hours. e. Proposed construction material staging/storage areas. f. Location of project construction sign outlining permitted construction work hours, name of project contractor and the contact information for both homeowner and contractor. 11. All fences, walls and hedges shall conform to height requirements provided in City Code Section 15-29. 12. The final landscaping and irrigation plan submitted for Building Permit approval shall demonstrate how the project complies with the State Water Efficient Landscape Ordinance and shall consider the following: a. To the extent feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. b. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. c. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. d. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. e. Any proposed or required under grounding of utilities shall take into account potential damage to roots of protected trees 13. Front 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. 14. 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. 15. 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 16. The owner/applicant shall comply with all Fire Department requirements. 114 14431 Fruitvale Avenue Application # PDR19-0005/ARB19-0018 Resolution #19-024 Page | 6 PUBLIC WORKS 17. Applicant / Owner shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement including all new utilities prior to commencement of the work to implement this Design Review. 18. Per Design Review PDR19-0005, no improvements in the public right-of-way are required. 19. Damages to driveway approach, curb and gutter, public streets, or other public improvements during construction shall be repaired prior to final inspection. 20. All new/upgraded utilities shall be installed underground. 21. 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. 22. All project that create and/or replace more than 2,500 square feet of impervious surface shall install one or more of the following site design measures: a. Direct roof runoff into cisterns or rain barrels for reuse. b. Direct roof runoff onto vegetated areas. c. Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas. d. Direct runoff from driveways and/or uncovered parking lots onto vegetated areas. e. Construct sidewalks, walkways, and/or patios with permeable surfaces. f. Construct bike lanes, driveways, and/or uncovered parking lots with permeable surfaces. 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. Construction Site Control a. Owner shall implement construction site inspection and control to prevent construction site discharges of pollutants into the storm drains per approved Erosion Control Plan. b. 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. c. 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 the Building final, all Public works conditions shall be completed per approved plans. 115 14431 Fruitvale Avenue Application # PDR19-0005/ARB19-0018 Resolution #19-024 Page | 7 BUILDING DEPARTMENT SUBMITTAL 26. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A” on file with the Community Development Department. b. All additional drawings, plans, maps, reports, notes, and/or materials required by the Building Division. c. This signed and dated Resolution printed onto separate construction plan pages. 116 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 Application No. ARB19-0018 Prepared by Kate Bear, City Arborist Site: 14431 Fruitvale Avenue Phone: (408) 868-1276 Owner: Jianwen Zhang and Nawei Yin Email: kbear@saratoga.ca.us APN: 397-17-006 Email: Date: August 2, 2019 PROJECT SCOPE: The applicant has submitted plans to demolish the existing house and swimming pool, and build a new single story house with an attached three car garage, an included second unit and a separate single car carport. The project arborist recommends the removal of 11 trees protected by Saratoga City Code (trees 11, 21, 22, 23, 24, 26, 30, 33, 38, 51 and 57) because they are in poor condition. Another 14 trees (1, 2, 4, 5, 6, 9, 19, 34, 37, 42, 48, 56, 64 and 71) are not protected by City Code and may be removed at any time without a permit. PROJECT DATA IN BRIEF: Tree security deposit – Required - $207,280 Tree protection – Required – See Conditions of Approval and attached map. Tree removals – Trees 11, 21, 22, 23, 24, 26, 30, 33, 38, 51 and 57 are approved for removal once building permits have been issued. Replacement trees – Required = $21,460 ATTACHMENTS: 1 – Findings and Tree Information 2 – Tree Removal Criteria 3 – Conditions of Approval 4 – Map Showing Tree Protection 1 ATTACHMENT 2 117 14431 Fruitvale Avenue Attachment 1 FINDINGS: Tree Removals According to Section 15-50.080 of the City Code, whenever a protected tree is requested for removal as part of a project, certain findings must be made and specific tree removal criteria met. The project arborist recommends removing 11 protected trees (11, 21, 22, 23, 24, 26, 30, 33, 38, 51 and 57) because they are in poor condition. 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. Another 14 trees (1, 2, 4, 5, 6, 9, 19, 34, 37, 42, 48, 56, 64 and 71) that are not protected by City Code may be removed at any time without a permit. Attachment 2 contains the tree removal criteria for reference. Table 1: Summary of Tree Removal Criteria that are met Tree No. Species Criteria met Comments 11 Flowering plum 1, 4, 7, 9 Poor condition 21, 22, 23 Acacia 1, 4, 7, 9 Poor condition 24, 26, 30, 33, 38, 51, 57 Black walnut 1, 4, 7, 9 Poor condition 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 copy the following onto a plan sheet and include it in the final sets of plans: 1) The tree information and recommendations from the submitted arborist report dated (revised) May 6, 2019; 2) The Project Data in Brief, the Conditions of Approval, and the map showing tree protection from this report dated August 2, 2019. TREE INFORMATION: Arborist Report reviewed: Preparer: Walter Levison, Consulting Arborist Date of Report: January 8, 2019 revised June Total number of trees inventoried: 71 Number of protected trees inventoried: 58 Number of protected trees requested for removal: 11 Number of trees that are not protected and may be removed without a permit: 14 A table summarizing information about each tree follows. 2 118 14431 Fruitvale Avenue 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. 3 119 14431 Fruitvale Avenue Attachment 3 TREE INFORMATION: Table 2: Tree information from May 6, 2019 arborist report. 4 120 14431 Fruitvale Avenue Attachment 3 Table 2 continued: Tree information from May 6, 2019 arborist report. 5 121 14431 Fruitvale Avenue Attachment 3 Table 2 continued: Tree information from May 6, 2019 arborist report. 6 122 14431 Fruitvale Avenue Attachment 4 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: a. Receipt of a Planning or Building permit does not relieve applicant of his responsibilities for protecting trees per City Code Article 15-50 on all construction work. b. 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 recommendations and tree information from the arborist report by Walter Levison dated May 6, 2019 copied onto a plan sheet, titled “Tree Preservation”. 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 August 2, 2019. 4. Tree Protection Security Deposit: a. Is required per City Ordinance 15-50.080. b. Shall be $207,280. c. Shall be obtained by the owner and filed with the Community Development Department before obtaining Building Division permits. d. May be in the form of cash, check, credit card payment or a bond. e. Shall remain in place for the duration of construction of the project. f. May be released once the project has been completed, inspected and approved by the City Arborist. 5. Tree Protection Fencing: a. Shall be installed as shown on the attached map. b. Shall be shown on the Site Plan. c. Shall be established prior to the arrival of construction equipment or materials on site. d. Shall be comprised of six-foot high chain link fencing mounted on eight-foot tall, 2-inch diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10 feet apart. e. Shall be posted with signs saying “TREE PROTECTION FENCE - DO NOT MOVE OR REMOVE WITHOUT APPROVAL FROM CITY ARBORIST, KATE BEAR (408) 868-1276”. f. Wherever protection is needed outside of fences, unprocessed wood chips, or approved equivalent, shall be placed to the edge of the tree’s canopy and to a depth of 6 inches. g. 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. h. 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 7 123 14431 Fruitvale Avenue Attachment 4 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. 7. Work inside fenced areas: a. Requires field meeting with City Arborist before performing work. b. Requires City Arborist approval prior to performing work. c. Requires Project Arborist on site to monitor work. 8. Project Arborist: a. Shall be Walter Levison 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, and provide a letter to the City following each inspection that documents the work performed around trees, includes photos of the work in progress, and provides information on the condition of the trees 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. Roots measuring less than two inches in diameter may be cut using a sharp pruning tool. 9. Tree removal: Trees 11, 21, 22, 23, 24, 26, 30, 33, 38, 51 and 57 meet the criteria for removal and may be removed once building division permits have been obtained. 10. New trees: a. New trees equal to $21,460 shall be planted as part of the project before final inspection and occupancy of the new home. 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. New trees may be of any species and planted anywhere on the property where they do not encroach on retained trees. d. 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: 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. 12. Final inspection: a. 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. b. 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. 8 124