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09-13-2023 Planning Commission Agenda Packet
Saratoga Planning Commission Agenda – Page 1 of 2 SARATOGA PLANNING COMMISSION REGULAR MEETING SEPTEMBER 13, 2023 7:00 P.M. - PLANNING COMMISSION REGULAR MEETING Civic Theater | 13777 Fruitvale Avenue, Saratoga, CA 95070 Public Participation Information In accordance with Saratoga’s Remote Public Participation Policy, members of the public may participate in this meeting in person at the location listed below or via remote attendance using the Zoom information below. 1.Accessing the meeting via Zoom •https://us02web.zoom.us/j/82652375945 (Webinar ID 826 5237 5945) •Calling 1.669.900.6833 or 1.408.638.0968; OR 2. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast Channel 15, AT&T UVerse Channel 99) and calling the numbers listed above; OR 3.Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish id=2 and calling the numbers listed above. Written Communication Comments can be submitted in writing at www.saratoga.ca.us/pc. Written communications will be provided to the members of the Planning Commission and included in the Agenda Packet and/or in supplemental meeting materials. PLEDGE OF ALLEGIANCE ROLL CALL 1.APPROVAL OF MINUTES Action Minutes from the Planning Commission Meeting of August 9, 2023. Recommended Action: Approve Minutes of August 9, 2023 Planning Commission 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 Any interested person objecting to the whole, or any portion of decision on this Agenda, may file an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision. The City Council conducts de novo review of appeals. Saratoga Planning Commission Agenda – Page 2 of 2 2. PUBLIC HEARINGS 2.1 (Continued from August 9, 2023) Application APTR23-0002; 18693 Devon Ave (389-13-053); Guina Wang (owner) - A neighbor to the property is appealing the approval of permit application TRP23- 0256 for the removal of three (3) Canary Island Pine trees, Pinus Canariensis, with trunk diameters of 21, 23, and 28 inches which grow in the back yard of the property, Staff contact: Christina Fusco (408) 868- 1276 or cfusco@saratoga.ca.us. Recommended Action: Adopt Resolution No. 23-0012 denying the appeal. 2.2 Application PDR22-0015/ARB23-0001: 14256 Saratoga Ave (397-23-031) Subramanian and Krishnan Aswathanarayanan (Applicant): The applicant is requesting Design Review approval for a new 2, 865 square foot two story single-family residence (maximum height 25’7”) with an attached ADU. One protected tree is proposed for removal. The site is zoned R-1-10,000 with a General Plan Designation of Medium Density Residential (M-10). Staff Contact: Nicole Johnson (408) 868-1209 or njohnson@saratoga.ca.us. Recommended Action: Adopt Resolution No. 23-014 approving the project subject to conditions of approval included in Attachment 1. 2.3 MOD23-0003; 18800 Cox Avenue; (389-12-021); Sand Hill Properties Quito Village LLC (Applicant/Property Owner) – The applicant is requesting modification of an existing master sign program for a commercial building located at 18800 Cox Avenue. The site is zoned Neighborhood Commercial (CN) with a General Plan Designation of Commercial Retail. Staff Contact: Staff Contact: Christopher Riordan (408) 868-1235 or criordan@saratoga.ca.us. Recommended Action: Adopt Resolution No. 23-013 approving the modification to the existing sign program subject to conditions of approval included in Attachment 1. 3. DIRECTOR ITEMS 4. COMMISSION ITEMS 5. ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Frances Reed, Administrative Analyst for the City of Saratoga, declare that the foregoing agenda for the meeting of the Planning Commission was posted and available for review on September 8, 2023 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 8th day of September 2023 at Saratoga, California. Frances Reed, Administrative Analyst. In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Planning Commission by City staff in connection with this agenda, copies of materials distributed to the Planning Commission concurrently with the posting of the agenda, and materials distributed to the Planning Commission by staff after the posting of the agenda are available on the City Website at www.saratoga.ca.us or available at 13777 Fruitvale Avenue, Saratoga, CA 95070. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at bavrit@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City will use its best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety [28 CFR 35.102-35.104 ADA title II]. REPORT TO THE PLANNING COMMISSION 18693 Devon Avenue Meeting Date: Septmeber 13, 2023 Application: APTR23-0002; TRP23-0256 Address/APN: 18693 Devon Avenue APN 389-13-053 Property Owner/Appellants: Guina Wang/ Jeff Campbell Report Prepared By: Christina Fusco, City Arborist 6 Report to the Planning Commission 18693 Devon Avenue – Application APTR23-0002; TRP23-0256 September 13, 2023 Page | 2 PROJECT DESCRIPTION A neighbor at 18767 Paseo Lado has appealed (APTR23-0002) an administrative decision to approve an application for the removal of three Canary Island pine trees (Pinus canariensis) at 18693 Devon Avenue (TRP23-0256). STAFF RECOMMENDATION Adopt Resolution No.23-0012 denying the appeal. Pursuant to City Code Section 15-50.100, review by the Planning Commission is required for an appeal of an administrative decision. SITE CHARACTERISTICS AND APPEAL DESCRIPTION Site Description The property is a single-story home under construction in the Quito Village neighborhood. The pine trees grow in the back yard. Background and Reason for Appeal The Planning Commission previously reviewed the project at their meeting of August 9, 2023. After receiving public testimony from the applicant, the Commission discussed the project and expressed concern that alternatives to the removal of the tree should be pursued. The Commission continued the appeal to a date uncertain and requested the City arborist research pine cone removal on Canary Island pine trees. On September 15, 2022, the property owners applied to build a new one-story home with attached ADU (ADR22-0027.) The project included the request for the removal of the spruce tree and two of the Canary Island pine trees. On April 11, 2023, the building permits were issued for the new home. The spruce tree and two of the Canary Island pine trees were found to be in conflict with the new home and met removal criteria #1, #6, and #9 in City Code Section 15-50.080. On April 21, 2023, the owner applied for a tree permit (TRP23-0256) to remove the remaining three Canary Island pine trees. The City intended to approve the tree permit application after a discussion with and review of the letter from the owner of 18692 Paseo Lado, Michelle Lee. On May 23, 2023, Jeff Campbell, the owner of 18676 Paseo Lado, filed an appeal of the approval (APTR23-0002.) The reason for the appeal is that the trees are in good health, they find them to be valuable wildlife habitat to birds, and the removal of the trees will significantly affect the character of the neighborhood. August 7, 2023, Staff contacted the owner requesting the arborist monitoring reports for the project and commenting on the poor condition of the pine tree nearest the home, tree #4. The owner responded the next day stating that they had reached out to their project arborist. 7 Report to the Planning Commission 18693 Devon Avenue – Application APTR23-0002; TRP23-0256 September 13, 2023 Page | 3 FINDINGS The findings required for tree removal pursuant to City Code Section 15-50.080 are set forth below. The applicant has met the burden of proof to support making one or more of those required findings: (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. This finding cannot be made. The trees were found to be in good health, were not interfering with utilities and were sufficiently far from the building foundations. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the property. This finding can be made. A letter and invoice were submitted showing that the cones and branches from the pine trees have been cracking the neighbor’s roof and causing water to leak into the home. (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. This finding is not applicable because the property is considered flat and erosion control is not a concern. (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. This finding cannot be made. The pine trees are the only remaining shade trees on the property. They contribute to shade, privacy and the aesthetic appearance of the property. (5) The age and number of healthy trees the property is able to support according to good forestry practices. This finding cannot be made. The pine trees are not crowded by other trees and the property can accommodate these trees. (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. This finding can be made because there are not alternatives to the removal of the trees. The trees cannot be pruned so that branches and cones do not fall on the roof tiles during a storm event. Pine trees cannot be reduced in height without a high likelihood that the trees would not survive. 8 Report to the Planning Commission 18693 Devon Avenue – Application APTR23-0002; TRP23-0256 September 13, 2023 Page | 4 (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. This finding can be made. The general purpose of the Article permits the removal of trees that are causing damage to a structure. (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. This finding cannot be made as the trees do not affect public safety. (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. This finding cannot be made. The trees are not in conflict with the improvements to the property. (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. This finding is not applicable as new solar panels are not affected. (11) The necessity to remove a tree following the creation of defensible space within 100 feet of a structure located within the Wildland Urban Interface Area as defined in section 16- 20.150 of this Code, in accordance with defensible space standards established by CAL FIRE or as determined by Santa Clara County Fire Department, and that risk of increased wildfire cannot reasonably be addressed through maintenance or without tree removal. This finding is not applicable since the subject property is not located in the Wildland Urban Interface. (12) Monterey pine (Pinus radiata) or blue gum (Eucalyptus globulus) located within the Wildland Urban Interface Area as defined in section 16-20.150 of this Code. This finding is not applicable since the subject property is not located in the Wildland Urban Interface and the trees are Pinus canariensis. ATTACHMENTS 1. Resolution No. 23-0012 denying the appeal 2. Appeal application and supporting letter APTR23-0002 3. Tree removal permit application and supporting letter TRP19-0185 9 RESOLUTION NO: 23-0012 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION DENYING APPEAL APTR23-0002 AND TREE REMOVAL PERMIT APPLICATION TRP23-0256 AT 12459 SARATOGA CREEK DRIVE WHEREAS, the City of Saratoga Planning Commission has received an appeal of an Administrative Decision approving a request to remove three Canary Island pine trees at 18693 Devon Avenue; and WHEREAS, the Planning Commission held a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and present evidence; and WHEREAS, the goal of the City is to balance the rights and privileges of property owners for the use of their land with criteria for establishing and sustaining an urban forest, including the establishment of basic standards and criteria for the removal and replacement of trees; and WHEREAS, after considering all of the criteria for the application of a Tree Removal Permit set forth in Section 15-50.080, the Planning Commission finds that overall the applicant has met the burden of proof required to support said application for the Tree Removal Permit for three Canary Island pine trees. 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 administrative decision is consistent with the General Plan and Conservation Element Policy: Arbor Resources Element: The City has adopted International Society of Arboriculture standards, (which) together with Saratoga’s Tree Regulations contained in Article 15-50 of the Saratoga Municipal Code, establish the basic standards and recommendations for the protection and preservation of trees in Saratoga. The City’s Tree Regulations are designed to provide a stable and sustainable urban forest and to enhance the unique aesthetic character and environment of the City. The three Canary Island pine trees were requested for removal through the City’s process to remove protected trees as set forth in the Tree Regulations. The Planning Commission has reviewed the application for tree removal and the appeal and found that the request to remove the oak does meet the criteria in the City Code, overall. 10 12459 Saratoga Creek Drive Application #: APTR19-0003/TRP19-0185 Resolution No. 19-023 Page | 2 Section 3: The administrative decision is consistent with the Saratoga City Code Section 15-50.080 in that the trees have damaged and continue to threaten damage to existing structures on the neighboring property at 18692 Paseo Lado. Criteria 2, 6, and 7 have been met allowing the trees to be removed. How each criterion has or has not been met is detailed below. (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. This finding cannot be made. The trees were found to be in good health, were not interfering with utilities and were sufficiently far from the building foundations. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the property. This finding can be made. A letter and invoice were submitted showing that the cones and branches from the pine trees have been cracking the neighbor’s roof and causing water to leak into the home. (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. This finding is not applicable because the property is considered flat and erosion control is not a concern. (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. This finding cannot be made. The pine trees are the only remaining shade trees on the property. They contribute to shade, privacy and the aesthetic appearance of the property. (5) The age and number of healthy trees the property is able to support according to good forestry practices. This finding could not be made. The pine trees are not crowded by other trees and the property can accommodate these trees. (6) Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. This finding can be made because there are not alternatives to the removal of the trees. The trees cannot be pruned so that branches and cones do not fall on the roof tiles during a storm event. Pine trees cannot be reduced in height without a high likelihood that the trees would not survive. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. This finding can be made. The general purpose of the Article permits the removal of trees that are causing damage to a structure. (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. This finding cannot be made as the tree does not affect public safety. 11 12459 Saratoga Creek Drive Application #: APTR19-0003/TRP19-0185 Resolution No. 19-023 Page | 3 (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. This finding cannot be made. The trees are not in conflict with the improvements to the property. (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. This finding is not applicable as solar panels are not proposed. (11) The necessity to remove a tree following the creation of defensible space within 100 feet of a structure located within the Wildland Urban Interface Area as defined in section 16- 20.150 of this Code, in accordance with defensible space standards established by CAL FIRE or as determined by Santa Clara County Fire Department, and that risk of increased wildfire cannot reasonably be addressed through maintenance or without tree removal. This finding is not applicable since the subject property is not located in the Wildland Urban Interface. (12) Monterey pine (Pinus radiata) or blue gum (Eucalyptus globulus) located within the Wildland Urban Interface Area as defined in section 16-20.150 of this Code. This finding is not applicable since the subject property is not located in the Wildland Urban Interface and the trees are Pinus canariensis. Section 4: Unless appealed to the City Council pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. The City of Saratoga Planning Commission hereby denies APTR23-0002, approving TRP19-0185 for the removal and replacement of three Canary Island pine trees, located at 18693 Devon Avenue. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 9th day of August 2023 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Clinton Brownley Chair, Planning Commission 12 CITY OF SARATOGA Memorandum To: Saratoga Planning Commission From: Christina Fusco, City Arborist Date: September 13, 2023 Subject: Application APTR23-0002; 18693 Devon Ave - Supplemental Memo No. 1 Please see attached Arborist Monitoring Report and owner comment/photos received after the publication of the agenda packet. 29 Frances Reed From:Christina Fusco Sent:Monday, September 11, 2023 1:02 PM To:Frances Reed Subject:FW: 18693 Devon ave Saratoga Attachments:ceed825bb44623eaa0b6438dbfa9d354.jpg; IMG_5297.jpg; be71d3410fcfa4994105e14c95344c60.jpg; IMG_5292.jpg Hello Frances, Here is the email from the applicant. Cheers, Christina Fusco Arborist City of Saratoga | CDD 13777 Fruitvale Avenue │ Saratoga, CA 95070 408.868.1276 │ cfusco@saratoga.ca.us Tell us how we did! Complete the City of Saratoga Customer Service Survey From: Chen Yonghangz Sent: Sunday, September 10, 2023 6:05 PM To: Christina Fusco <cfusco@saratoga.ca.us> Subject: Re: 18693 Devon ave Saratoga CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Christina We have all done as per arborist Bo's request: 1, We put a circle pipe on all three trees and timed it for 20 minutes a day to keep the water evenly distributed and adequate. 2, The entire fenced area was covered with a minimum of 4" of wood chips, it took 5 of us 4 hours to get it all covered, hopefully the trees will be healthy again soon. 3, We have also booked an inspection every four weeks; Regarding the cause of the tree's illness when BO came to inspect the site I did consult with her. The explanation she gave was that the roots of the five trees were supposed to be intertwined and when the other two trees were cut down their roots were also damaged. There is another reason why there might have been a little damage when the foundation was being built and the trench was dug. The damage to the roots caused the tree's ability to absorb water to become weaker, which is why we need to manually replenish water to these trees. 32 I have a few more thoughts on the tree issue: First of all, thank you very much for all the work you have been doing for me; that day's hearing showed me the pressure and difficulty of your work, and also made me understand more about your rigor in hearing my application to cut down the tree; Secondly, If the hearing ends up canceling our tree‐cutting PERMIT. who will take the responsibility if there is another storm like last year's during this year's rainy season or the rainy season in the coming years, and if the trees really cause significant damage and injury to the neighbors and my property and people? 1, Both neighbors have notified and alerted me verbally and in writing; 2, I as the homeowner have also submitted a timely request to remove these trees; 3, you as City who is in charge of this work also approved it; So the responsible party should not be us 1, 2, or 3, it should be the appellant Jeff？or the agenda's who voted against it at the hearing? What should I do next or what avenues are available to me to avoid this very possible loss and injury? In closing, I would like to say that the tree that is now closest to the house has become a constant nuisance to my house, branches have been inserted into the house and squirrels and all sorts of critters can readily follow the branches into the attic and interior of the house. I truly hope the hearing board can appreciate the homeowner's concerns and worries! I have put some pictures in the attachment. Best regard anna Christina Fusco <cfusco@saratoga.ca.us>于2023年9月8日 周五下午12:33写道： Hello Ann, The reports says that the entire tree protection area needs to have 3‐4 inches of mulch. The photos only show mulch in a ring around the tree. Watering with a hose will not apply the required amount of water. You will need to set up a soaker hose system or equivalent. The planning commissioners may have questions for you about your tree protection plan. You should be prepared to answer them or have your GC there to answer for you. They are welcome to join via zoom. Regards, Christina Fusco Arborist City of Saratoga | CDD 13777 Fruitvale Avenue │ Saratoga, CA 95070 33 34 408.868.1276 │ cfusco@saratoga.ca.us Tell us how we did! Complete the City of Saratoga Customer Service Survey From: Chen Yonghangz Sent: Thursday, September 7, 2023 4:46 PM To: Christina Fusco <cfusco@saratoga.ca.us> Subject: Re: 18693 Devon ave Saratoga CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. hi Christina Yes, I did. I have put Bo’s report in the attachment. We also followed Bo’s required to put wood cgive the water everyday Y Christina Fusco <cfusco@saratoga.ca.us>于2023年9月7日 周四下午4:30写道： Hello Ann, Did your project arborist give you a report following your meeting on August 31, 2023? Can you forward the to me if she did? Regards, Christina Fusco Arborist City of Saratoga | CDD 13777 Fruitvale Avenue │ Saratoga, CA 95070 408.868.1276 │ cfusco@saratoga.ca.us 35 Tell us how we did! Complete the City of Saratoga Customer Service Survey From: Chen Yonghangz > Sent: Thursday, August 24, 2023 9:12 AM To: Christina Fusco <cfusco@saratoga.ca.us> Subject: Re: 18693 Devon ave Saratoga CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Yes, we did. We have made an appointment on Aug 31. Thanks AnnA Thanks Christina Fusco <cfusco@saratoga.ca.us>于2023年8月23日 周三上午9:55写道： Hello Anna, Thank you for the email. Have you already checked in with your GC and Project Arborist regarding the monitoring and watering that should be taking place during construction? Regards, Christina Fusco Arborist City of Saratoga | CDD 13777 Fruitvale Avenue │ Saratoga, CA 95070 408.868.1276 │ cfusco@saratoga.ca.us 36 Report to the Planning Commission 14256 Saratoga Avenue-PDR22-0015/ARB23-0001 September 13, 2023 Page | 4 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 made the findings for the removal of one protected tree. 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 proposed residence is consistent with surrounding properties. No community view sheds are in the vicinity of the project. d. The overall mass and the height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood. This finding can be made in the affirmative in that the proposed residence complies with the maximum height limitation of 26 feet allowable for residential structures; the building has varying architectural forms and exterior materials to break up the appearance of mass, the building setbacks comply with those required for the R-1-10,000 zoning district. e. The landscape design minimizes hardscape in the front setback area and contains elements that are complimentary to the neighborhood and streetscape. This finding may be made in the affirmative in that the project includes a condition of approval that front yard landscaping is to be installed prior to the building department final inspection. Staff will ensure that this landscaping is complimentary to the neighborhood and streetscape. The City Code requires that at least 50% of the front setback area be landscaped. f. Development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy. This finding may be made in the affirmative in that the home is similar in mass with the homes in the neighborhood and will not cast shadows on the adjacent properties which could impair the adjacent property owner’s opportunity to utilize solar energy. g. The design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055. This finding may be made in the affirmative in that the proposed project conforms to the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk and avoiding unreasonable interference with privacy and views as detailed in the findings above. 40 Report to the Planning Commission 14256 Saratoga Avenue-PDR22-0015/ARB23-0001 September 13, 2023 Page | 5 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 as the average slope is less than 10% nor will it affect any significant hillside feature or community viewshed. Neighbor Notification and Correspondence 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. The applicant reached out to the adjacent neighbors during the review process and provided completed neighbor notification forms. No neighbors have raised concerns for the proposal. To date, additional public comments have not been received. 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 a single-family residence and small structures 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. 23-014 2. Arborist Report dated July 19, 2023 3. Public Comments 4. Story Pole Certification 5. Material Board 6. Development Plans 41 RESOLUTION NO: 23-014 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING DESIGN REVIEW PDR22-0015 AND ARBORIST REVIEW ARB23-0001 14256 SARATOGA AVE (397-23-031) WHEREAS, on October 12, 2022, an application was submitted by Subramanian and Krishnan Aswathanarayanan requesting Design Review approval for a new 2, 865 square foot two story single-family residence (maximum height 25’7”) with an attached ADU. One protected tree is proposed for removal. The site is zoned R-1-10,000 with a General Plan Designation of Medium Density Residential (M- 10). 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 13, 2023, 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; and 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. 42 Report to the Planning Commission 14256 Saratoga Ave September 13, 2023 Resolution # 23-013 Page | 4 Section 5: The City of Saratoga Planning Commission hereby approves PDR22- 015/ARB23-001 for 14256 Saratoga Avenue (APN 397-23-031) 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 13th day of September 2023 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Clinton Brownley Chair, Planning Commission 43 Report to the Planning Commission 14256 Saratoga Ave September 13, 2023 Resolution # 23-013 Page | 4 Exhibit 1 CONDITIONS OF APPROVAL 14256 SARATOGA AVENUE PDR22-0015/ARB23-0001 (397-23-031) 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. 44 Report to the Planning Commission 14256 Saratoga Ave September 13, 2023 Resolution # 23-013 Page | 4 COMMUNITY DEVELOPMENT DEPARTMENT 5. 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. 6. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Development Plans. All proposed changes to the approved plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with City Code. 7. Prior to issuance of Building Permits, the applicant shall submit for staff approval, a Lighting Plan for the home’s exterior and landscaped areas. Proposed exterior lighting shall be limited to full cut-off & shielded fixtures with downward directed illumination so as not to shine on adjacent properties or public right-of-way. All proposed exterior lighting shall be designed to limit illumination to the site and avoid creating glare impacts to surrounding properties. 8. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 9. Prior to issuance of Building Permits, the applicant shall prepare for review and approval by City staff a Construction Management Plan for the project which includes but is not limited to the following: a. Proposed construction worker parking area. b. Proposed construction hours that are consistent with City Code. c. Proposed construction/delivery vehicle staging or parking areas. d. Proposed traffic control plan with traffic control measures, any street closure, hours for delivery/earth moving or hauling, etc. To the extent possible, any deliveries, earth moving or hauling activities will be scheduled to avoid peak commute hours. e. Proposed construction material staging/storage areas. f. Location of project construction sign outlining permitted construction work hours, name of project contractor and the contact information for both homeowner and contractor. 10. All fences, walls and hedges shall conform to height requirements provided in City Code Section 15-29. 11. The final landscaping and irrigation plan submitted for Building Permit approval shall demonstrate how the project complies with the State Water Efficient Landscape Ordinance and shall 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 45 Report to the Planning Commission 14256 Saratoga Ave September 13, 2023 Resolution # 23-013 Page | 4 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 consider potential damage to roots of protected trees. 11. 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. 12. A locking mailbox approved for use by the U.S. Postal service shall be installed and in compliance with Saratoga Municipal Code section 6-25.030. The mailbox shall be installed prior to final inspection. 13. West Valley Collection & Recycling is the exclusive roll-off and debris box provider for the City of Saratoga. FIRE DEPARTMENT 14. The owner/applicant shall comply with all Fire Department requirements. ARBORIST 15. All requirements in the City Arborist Approval Letter dated July 19, 2023 are hereby adopted as conditions of approval and shall be implemented as part of the approved plans. PUBLIC WORKS/ENGINEERING 16. 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. 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 46 Report to the Planning Commission 14256 Saratoga Ave September 13, 2023 Resolution # 23-013 Page | 4 of the work to implement this Design Review. 18. Damages to driveway approach, curb and gutter, public streets, or other public improvements during construction shall be repaired prior to final inspection. 19. All new/upgraded utilities shall be installed underground. 20. 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. 21. 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). 22. All building and construction related activities shall adhere to New Development and Construction – Best Management Practices as adopted by the City for the purpose of preventing storm water pollution: • Owner shall implement construction site inspection and control to prevent construction site discharges of pollutants into the storm drains per approved Erosion Control Plan. • The City requires the construction sites to maintain year-round effective erosion control, run-on and run-off control, sediment control, good site management, and non-storm water management through all phases of construction (including, but not limited to, site grading, building, and finishing of lots) until the site is fully stabilized by landscaping or the installation of permanent erosion control measures. • City will conduct inspections to determine compliance and determine the effectiveness of the BMPs in preventing the discharge of construction pollutants into the storm drain. Owner shall be required to timely correct all actual and potential discharges observed. 23. Prior to the commencement of any earthwork/grading activities, the permittee shall arrange a pre-construction meeting. The meeting shall include the City of Saratoga Grading Inspector (408-868-1201), the grading contractor, and the project Soils Engineer. The permittee or representative shall arrange the pre-construction meeting at least 48 hours prior to the start of any earthwork activities. 24. Prior to foundation inspection by the City, the LLS of record shall provide a written certification that all building setbacks are per the approved plans. 47 Report to the Planning Commission 14256 Saratoga Ave September 13, 2023 Resolution # 23-013 Page | 4 BUILDING DEPARTMENT SUBMITTAL 25. 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 19, 2023 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. 48 Report to the Planning Commission 14256 Saratoga Ave September 13, 2023 Resolution # 23-013 Page | 4 DESIGN REVIEW FINDINGS 14256 SARATOGA AVENUE PDR22-0015/ARB23-0001 (397-23-031) Design Review The findings required for issuance of Design Review approval pursuant to City Code Section 15- 45.080 are set forth below. 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 building site is relatively level and no grading is required to construct the project. The development is appropriate to the site’s natural constraints with single family homes around it. 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 made the findings for the removal of one protected tree. 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 proposed residence is consistent with surrounding properties. No community view sheds are in the vicinity of the project. d. The overall mass and the height of the structure, and its architectural elements are in scale with the structure itself and with the neighborhood. This finding can be made in the affirmative in that the proposed residence is below the maximum height limitation of 26 feet allowable for residential structures; the building has varying architectural forms and exterior materials to break up the appearance of mass, the building setbacks comply with those required for the R-1-10,000 zoning district. e. The landscape design minimizes hardscape in the front setback area and contains elements that are complimentary to the neighborhood and streetscape. 49 Report to the Planning Commission 14256 Saratoga Ave September 13, 2023 Resolution # 23-013 Page | 4 This finding may be made in the affirmative in that the project includes a condition of approval that front yard landscaping is to be installed prior to the building department final inspection. Staff will ensure that this landscaping is complimentary to the neighborhood and streetscape. The City Code requires that at least 50% of the front setback area be landscaped. f. Development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy. This finding may be made in the affirmative in that the home is similar in mass with the homes in the neighborhood and will not cast shadows on the adjacent properties which could impair the adjacent property owner’s opportunity to utilize solar energy. g. The design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055. This finding may be made in the affirmative in that the proposed project conforms to the applicable design policies and techniques in the Residential Design Handbook in terms of compatible bulk and avoiding unreasonable interference with privacy and views as detailed in the findings above. 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 as the average slope is less than 10% nor will it affect any significant hillside feature or community viewshed. 50 Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 www.saratoga.ca.us/171/trees 408.868.1276 CITY OF SARATOGA ARBORIST APPROVAL Conditions of Approval and Tree Protection Plan Prepared by Christina Fusco, City Arborist Application No. ARB23-0001 Phone: (408) 868-1276 Address: 14256 Saratoga Ave Email: cfusco@saratoga.ca.us Owner: Subra Aswathanarayanan APN: 397-23-031 Date: July 19, 2023 PROJECT SCOPE: The applicant has submitted plans to demolish the existing home and build a new home. One tree is requested for removal to construct the project. PROJECT DATA IN BRIEF: Tree security deposit – Required - $5,560 Tree protection – Required – See Conditions of Approval and attached map. Tree removals – Tree #4 is approved for removal once building permits have been issued. Replacement trees – Required = $2,270 ATTACHMENTS: 1 – Findings and Tree Information 2 – Tree Removal Criteria 3 – Conditions of Approval 4 – Map Showing Tree Protection 1 of 8 51 14256 Saratoga Avenue 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. One coast live oak tree #4 is in conflict with the new house, and meets the City’s criteria allowing it 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 4 coast live oak Quercus agrifolia 4-7, 9 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 17, 2023; 2)The Project Data in Brief, the Conditions of Approval, and the map showing tree protection from this report dated July 19, 2023. TREE INFORMATION: Project Arborist: Ann Northrup Date of Report: June 17, 2023 Number of protected trees inventoried: 7 Number of protected trees requested for removal: 1 A table summarizing information about each tree is below. 2 of 8 52 14256 Saratoga 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. (11)The necessity to remove a tree following the creation of defensible space within 100 feet of a structure located within the Wildland Urban Interface, in accordance with defensible space standards established by CAL FIRE or as determined by Santa Clara County Fire Department, and that risk of increased wildfire cannot reasonably be addressed through maintenance or without tree removal. 4 of 8 54 14256 Saratoga Avenue 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 tree information and protection recommendations from the arborist report by Ann Northrup dated June 17, 2023 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 19, 2023. 4.Tree Protection Security Deposit: a.Is required per City Ordinance 15-50.080. b.Shall be $5,560 for tree(s) 1-3 and 5-7. 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, 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, CHRISTINA FUSCO (408) 868- 1276”. f.Unprocessed wood chips, or approved equivalent, shall be placed along the east side of the proposed home to a depth of 6 inches covered by ½ in plywood fastened into place. Twelve inches of wood chips may be substituted if approved by the project arborist. g.A letter/email shall be provided to the City from the project arborist confirming the correct installation of the tree protection fencing once it has been installed, including photos. This is required prior to obtaining building division permits. h.Tree protection fencing shall remain undisturbed throughout the construction until final inspection. 5 of 8 55 14256 Saratoga Avenue Attachment 3 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. 7.Work inside fenced areas: a. Requires a field meeting and approval from City Arborist before performing work. b.Requires Project Arborist on site to monitor work. 8.Project Arborist: a.Shall be Ann Northrup unless otherwise approved by the City Arborist. b.Shall visit the site every two weeks during grading, trenching or digging activities and every six weeks thereafter. A letter/email shall be provided to the City after each inspection which documents the work performed around trees, includes photos of the work in progress, and provides information on tree condition during construction. c.Shall supervise any permitted pruning or root pruning of trees on site. Roots of protected trees measuring two inches in diameter or more shall not be cut without prior approval of the Project Arborist. d.The Project Arborist shall be on site to monitor the demolition of the existing driveway. 9.Tree removal: Tree #4 meets the criteria for removal and may be removed once building division permits have been obtained. 10.New trees: a.New trees equal to $2,270 shall be planted as part of the project before final inspection and occupancy of the new home. New trees may be of any species and planted anywhere on the property as long as they do not encroach on retained trees. Replacement values for new trees are listed below. 15 gallon = $350 24 inch box = $500 36 inch box = $1,500 48 inch box = $5,000 60 inch box = 7,000 72 inch box = $15,000 b.Trees shall be replaced on or off site according to good forestry practices and shall provide equivalent value in terms of aesthetic and environmental quality, size, height, location, appearance and other significant beneficial characteristics of the removed trees. c.One tree shall be selected from the City’s List of Natives. 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. 6 of 8 56 14256 Saratoga Avenue Attachment 3 b.Water loving plants and lawns are not permitted under oak tree canopies. Only drought tolerant plants that are compatible with oaks are permitted under the outer half of the canopy of oak trees on site. 12.Final inspection: At the end of the project, when the contractor wants to remove tree protection fencing and have the tree protection security deposit released by the city, call City Arborist for a final inspection. Before scheduling a final inspection from the City Arborist, have the project arborist do an inspection, prepare a letter with their findings, and provide that letter to the city for the project file. 7 of 8 57 1 | Page Story poles shall be constructed of wood or metal which delineate the height, area, and approximate shape and massing of a proposed structure. Story poles must be installed in the manner set forth below: 1. On each building elevation of the proposed structure at least one story pole shall show graduated five-foot interval height measurement markings in either paint or tape. 2. At least one building elevation of the proposed structure must show the proposed finished grade and finished floor elevation markings in either paint or tape. 3. The story poles shall be erected so that orange netting (or other materials approved by the Community Development Director) will be used to approximate the mass, shape and roofline (e.g., roof pitch/slope, ridge, and volume, including covered porches) of the proposed structure as shown below. For complex roof forms, the Community Development Director may also require that ridge flags be installed to delineate a main roof ridge or high point. Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 408.868.1222 63 2 | Page Tree Removals: Any tree proposed for removal as part of the proposed project shall be clearly marked in the field. Acceptable means of identifying trees include using fluorescent tape wrapped around the tree's trunk, removable marking on the tree trunk that is easily visible, or another means approved by the Community Development Director Required Signage: The applicant shall erect on the story pole elevation facing the main access to the building site or the main street frontage, a minimum 11-inch by 17-inch sign which contains the following information: a) Name of applicant/property owner b) Contact telephone number of applicant/property owner c) A brief description of the proposed project’s scope of work d) Community Development Department main telephone number Duration: Once story poles are installed, all concerned parties will have fifteen (15) calendar days to review the application and provide written comments. The Community Development Director shall approve or deny the application within fifteen (15) days of the close of the review period. The decision may be appealed to the Planning Commission within fifteen (15) calendar days of the decision. The story poles shall not be removed until a final action has been taken and all appeal periods have expired. Photographs of Story Poles: the applicant shall submit photos of the completed story pole installation including required signs to the project Planner, prior to the Notice of Intent to Approve/Public Hearing being distributed. Story Pole Certification: Upon completion of installation the applicant must provide to the Community Development Department a stamped and signed letter from a State licensed land surveyor or civil engineer verifying the accuracy of the story pole installation in terms of location, heights, and elevation data. In addition, the Architect/Designer shall sign below stating that they have inspected the story poles and they accurately represent the proposed plans prepared by them and return to the project planner and prior to the Notice of Intent to Approve/Public hearing being distributed. I have inspected the story poles and find they accurately represent the mass, shape and roofline as shown on the plans. Print name Date Signature Rucha R Shah 08 14 2023 64 REPORT TO THE PLANNING COMMISSION 18800 Cox Avenue Meeting Date: September 13, 2023 Application: MOD23-0003 Address/APN: 18800 Cox Avenue / 389-12-021 Applicant / Property Owner: Sand Hill Properties Quito Village LLC Report Prepared By: Christopher Riordan, Senior Planner 93 Report to the Planning Commission 18800 Cox Avenue Application # MOD23-0003 September 13, 2023 Page | 2 PROJECT DESCRIPTION The applicant is requesting Planning Commission approval to modify an existing sign program for the commercial building located at 18800 Cox Avenue. The building includes three tenant spaces. Two of the spaces are occupied by the Saratoga Vision Center and Starbucks. The residential sales office for Quito Village will temporarily occupy the third tenant space of the building. Pursuant to SMC 15-30.160(c), the Planning Commission shall review and approve or deny all Sign Program applications. The site is located within the Quito Sign District. The boundaries of this district include the subject site, the adjacent Quito Village Residential Project, the commercial uses on the opposite side of Cox Avenue, the Saratoga Officer Center, the professional office development on the opposite side of Saratoga Avenue, and the 9.74-acre vacant site on Saratoga Avenue. The development standards that regulate signs within the Quito Sign District are contained within City Code Section 15-30-090. STAFF RECOMMENDATION Adopt Resolution No. 23-013 approving the modification to the existing sign program subject to conditions of approval included in Attachment 1. PROJECT DATA Gross/Net Site Area: 11,756 sq. ft. gross/net (.27 acres) General Plan Designation: Commercial Retail (CR) Zoning: Neighborhood Commercial (CN) SITE CHARACTERISTICS AND PROJECT DESCRIPTION Site Description The site is located at 18800 Cox Avenue in the Neighborhood Commercial (CN) zoning district at the intersection of Cox Avenue and Paseo Presada. Surrounding uses to the north include commercial office space, single family residential development to the east on the opposite site of Paseo Presada, and the Quito Village residential development to the south and west. Project Description The intent of a Sign Program is to achieve a consistent theme and visual harmony among all permanent signs erected on a site. A Sign Program is used to create standard sign design guidelines for projects with multiple buildings and/or tenants. Once a Sign Program is approved, future tenants are required to comply with the sign program and receive approval for individual signs at staff level instead of having to apply for Planning Commission Design Review for each instance a new illuminated sign is proposed. The existing sign program was approved by the Planning Commission on January 11, 2023. The Sign Program features two (2) sign types: wall signs and a freestanding monument sign. The wall signs are located on the exterior four sides of the building and the freestanding monument sign is located in a landscaped area at the corner of Cox Avenue and Paseo Presada. Quito Sign District 94 Report to the Planning Commission 18800 Cox Avenue Application # MOD23-0003 September 13, 2023 Page | 3 The approved sign program required the acrylic face of each wall sign (primary building sign) to be white in color. The only requested modification to the sign program would allow the color of the acrylic face of each wall sign to be determined by the individual tenant. Findings The findings required for issuance of a Sign Program approval pursuant to City Code Section 15- 30.160(e) are set forth below and the applicant has met the burden of proof to support making all of those required findings: 1. The total area of all permanent signs governed by the sign program is not greater than the total area of all permanent signs otherwise allowed on the lot by this Article. This finding can be made in the affirmative in that the Sign Program has been conditioned to comply with Article 15-30 and the regulations in the zoning district. In accordance with City Code Section 15-30.090 (Quito Sign District), the total aggregate area of all building signs per tenant shall not exceed one-half square foot of area for each lineal foot of tenant frontage or 40 square feet, whichever is less. Also, in accordance with City Code Section 15-30.40, all sign letters will be no more than 18" in height. Freestanding signs in the Quito Sign District for three or more uses are limited to 25 feet of area or 10 feet in height. The freestanding sign is located at the corner of Paseo Presada and Cox Avenue and due to its corner location, the maximum height of the sign cannot exceed three feet. The overall area of the freestanding sign including the base and the signage will not exceed three feet in height and 8 feet in width. The total sign area of the freestanding sign will be a total of 12.6 square feet. 2. All signs in the sign program are consistent with the applicable specific plan and/or design guidelines for the subject district. This finding can be made in the affirmative. The signs will be compatible with the visual characteristics of the subject building and the surrounding area. 3. The quantity, size, proportion, height, and spacing of signs minimize the perception of clutter. This finding can be made in the affirmative. The sign program requires that each sign be located above the canopy of the north, south, and west elevations with the exception of the eastern elevation where the sign will be located on the exterior of the building and above the windows. No sign will extend above the ridge line of the building. Building signage will consist of internally illuminated individual channel letter with solid metal painted returns. The face of each channel letter will be acrylic and of a color that is determined by the individual tenant. The freestanding sign will not exceed a total area of 12.6 square feet. The sign will include 5-3/8” aluminum letters which spell “Quito Village “mounted to an aluminum panel. The freestanding sign will include three spaces for each tenant graphics. The overall size of the of the freestanding sign will not exceed three feet in height and eight feet in width. 95 Report to the Planning Commission 18800 Cox Avenue Application # MOD23-0003 September 13, 2023 Page | 4 4. The signs governed by the sign program are compatible with a) other nearby signs; b) the building and/or site upon which it is located; and c) adjacent structures and the general vicinity. Compatibility shall be determined and limited to the relationships of the elements of form, proportion, scale, color, materials, surface treatment, overall sign size and height, and the size and style of lettering. This finding can be made in the affirmative. The Sign Program regulates the location, size, design, and illumination of the signs such that they will not adversely affect the quality or character of the surrounding area. Neighbor Notification and Correspondence The public hearing notice and description of the project was published in the Saratoga News and notices were mailed to all property owners within 500 feet of the project site. Staff has not received any comments on this Sign Program request. ENVIRONMENTAL DETERMINATION The proposed Sign Program is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Chapter 3, Article 19, Section 15311. A Class 11 exemption includes the construction or placement of on premised commercial facility signs. ATTACHMENTS 1. Resolution No. 23-013 2. Modified Sign Program 96 RESOLUTION NO: 23-013 RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING A MODIFICATION TO AN EXISTING SIGN PROGRAM APPLICATION: MOD23-0003 18800 COX AVENUE (APN 389-12-021) WHEREAS, on August 1, 2023 an application was submitted by Sand Hills Properties Quito Village LLC requesting modification of an existing sign program for the retail center located at 18800 Cox Avenue. The site is located within the CN Zoning District (APN 389-12-021). 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 13, 2023, 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 proposed Sign Program is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Chapter 3, Article 19, Section 15311 (“State CEQA Guidelines”). This exemption allows for the construction or placement of on-premises commercial facility signs. Section 3: The project is consistent with the following Saratoga General Plan Policies: Land Use Policy 5.4 which provides that through the development review process, adjoining neighborhoods are protected from noise, light, glare, and other impacts resulting from new or expanded non-residential developments and, Conservation Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Section 4: The project is consistent with the Saratoga City Code in that future signs will be consistent with the Sign Program Findings contained in City Code Section 15-30.160(e): The total area of all permanent signs governed by the sign program is not greater than the total area of all permanent signs otherwise allowed by the development standards; all signs in the sign program are consistent with the applicable specific plan and/or design guidelines for the subject district; the quantity, size, proportion, height, and spacing of signs minimize the perception of clutter; the signs are compatible with: a) other nearby signs, b) the building and/or site upon which it is located, and c) adjacent structures and the general vicinity. Compatibility shall be determined and limited to the relationships of the elements of form, proportion, scale, color, materials, surface treatment, overall sign size and height, and the size 97 and style of lettering. Section 5: The City of Saratoga Planning Commission hereby approves MOD23-0003 located at 18800 Cox Avenue subject to the Findings and Conditions. PASSED AND ADOPTED by the City of Saratoga Planning Commission on this 13th day of September 2023 by the following vote: AYES: ABSENT: ABSTAIN: RECUSED: Clinton Brownley Chair, Planning Commission 98 Exhibit 1 CONDITIONS OF APPROVAL APPLICATION NUMBER MOD23-0003 18800 COX AVENUE (APN 389-12-021) CONDITIONS OF APPROVAL A. GENERAL 1. Conditions may be modified only by the Planning Commission unless modification is expressly otherwise allowed by the City Code including but not limited to section 16-05.035, as applicable. 2. The Community Development Director shall mail to the Owner/Applicant a notice in writing, on or after the time this Resolution of Approval is duly executed by the City, 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 Community Development Director certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 3. The facilities shall always operate in compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdictional authority over the facility pertaining to, but not limited to, health, sanitation, safety, and water quality issues. The Project shall maintain compliance with all applicable requirements of the State, County, City and other governmental entities having jurisdiction. 4. Agreement to Indemnify, Hold Harmless and Defend City as to Action Challenging Approval of Application and as to Damage from Performance of Work Authorized by Design Review Approval. 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 from the Community Development Director, Owner and Applicant shall execute a separate agreement containing the details of this required 99 Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval as to form and content by the Community Development Director. B. COMMUNITY DEVELOPMENT 5. Compliance with Plans. The Sign Program shall be operated, located, and constructed to include those features, and only those features, as shown on the Approved Plans denominated Exhibit "A" received August 1, 2023 incorporated by this reference. 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 the requisite prior City approval. 6. All exterior building signs shall not be illuminated when the used is not in operation. 7. Municipal Code. The Sign Program shall comply with the requirements in Article 15-30 of the Saratoga Municipal Code. 8. Building Department. Applicant shall comply with all building standards including any permits necessary to comply with the building code. 9. Illuminated Signage. Any intensification or modification, or request for new illuminated signage shall require approval of an amended sign program by the Planning Commission. 10. Business License Requirement. All businesses of the shopping center that request signage per the Sign Program shall apply for and obtain approval of a Business License from the City of Saratoga prior to issuance of sign permit. 11. Sign Approval. All new signage, including illuminated and non-illuminated signs, requires prior approval from the property owner to ensure that the signs are consistent with the approved sign program before submitting an administrative sign application to the Community Development Department. 100 Exhibit 2 The findings required for issuance of Sign Program Approval pursuant to City Code Section 15- 30.160 (e) are set forth below and the Applicant has met the burden of proof to support making all of those required findings: 1. The total area of all permanent signs governed by the sign program is not greater than the total area of all permanent signs otherwise allowed on the lot by this Article. This finding can be made in the affirmative in that the Sign Program has been conditioned to comply with Article 15-30 and the regulations in the zoning district. In accordance with City Code Section 15-30.080 (Prospect Sign District), the total aggregate area of all building signs per tenant shall not exceed one-half square foot of area for each lineal foot of tenant frontage or 40 square feet, whichever is less. Also, in accordance with City Code Section 15- 30.40, all sign letters will be no more than 18" in height. Freestanding signs in the Prospect Sign District for three or more uses are limited to 25 feet of area or 10 feet in height. The freestanding sign is located at the corner of Paseo Presada and Cox Avenue and due to its location on a corner the maximum height of the sign cannot exceed three feet. The overall area of the freestanding sign including the base and the signage will not exceed three feet in height and 8 feet in width. The total sign area of the freestanding sign will be a total of 12.6 square feet. 2. All signs in the sign program are consistent with the applicable specific plan and/or design guidelines for the subject district. This finding can be made in the affirmative. The signs will be compatible with the visual characteristics of the surrounding area. 3. The quantity, size, proportion, height, and spacing of signs minimize the perception of clutter. This finding can be made in the affirmative. The sign program requires that each sign be located above the canopy of the north, south, and west elevations with the exception of the eastern elevation where the sign will be located on the exterior of the building and above the windows. No sign will extend above the ridge line of the building. Building signage will consist of internally illuminated individual channel letter with solid metal painted returns. The face of each channel letter will be acrylic and of a color that is determined by the individual tenant. The freestanding sign will not exceed a total area of 12.6 square feet. The sign will include 5-3/8” aluminum letters which spell “Quito Village “mounted to an aluminum panel. The freestanding sign will include three spaces for each tenant graphics. The overall size of the of the freestanding sign will not exceed three feet in height and eight feet in width. 4. The signs governed by the sign program are compatible with: a) other nearby signs; b) the building and/or site upon which it is located; and c) adjacent structures and the general vicinity. Compatibility shall be determined and limited to the relationships of the elements of form, proportion, scale, color, materials, surface treatment, overall sign size and height, and the size and style of lettering. This finding can be made in the affirmative. The Sign Program regulates the location, size, design, and illumination of the signs such that they will not adversely affect the quality or character of the surrounding area. *** End of Findings and Conditions *** 101 Table of Contents � � � � � � � � � � � � � � AG001�01 Bill Of Quantity � � � � � � � � � � � � � � �AG002�01 Colors & Materials � � � � � � � � � � � � � �AG003�01 Symbols & Typography � � � � � � � � � � � �AG004�01 SECTION 100 - LOCATION PLANS Location Key Plan � � � � � � � � � � � � � � AG101�01 Location Plan � � � � � � � � � � � � � � � � AG102�01 Message Schedule � � � � � � � � � � � � � � AG103�01 SECTION 200 - TENANT ID ALLOWANCE Tenant Signage- Allowance � � � � � � � � � � � AG201�01 Tenant Signage- Allowance � � � � � � � � � � � AG201�02 SECTION 300SIGNAGE E.ID01f - Windsor Historical Plaque, Exterior � � � � AG301�01 E.ID03f - Tenant Building ID, Option 1 � � � � � � �AG302�01 E.ID04f - Tenant Building ID, Option 2 � � � � � � �AG303�01 E.ID05f - Tenant Building ID, Option 3 � � � � � � �AG304�01 E.ID06f - Tenant Flag ID � � � � � � � � � � � �AG305�01 SHEET TITLE SHEET NUMBER Square Peg Design 1631 Telegraph Avenue Oakland, California 94612 T 510 596 8810 AG001 CLIENT Sand Hill Property Company 965 Page Mill Rd. Palo Alto, CA DATE ISSUE 2023.01.04 MSP Design Intent PROJECT Quito Village 18764 Cox Ave. Saratoga, CA GENERAL NOTES DRAWING FOR DESIGN INTENT ONLY; NOT INTENDED FOR CONSTRUCTION. ALL SIGNS TO BE FABRICATED & INSTALLED PER APPROVED FABRICATOR SHOP DRAWINGS. © 2019 Square Peg Design, LLC, all rights reserved. This drawing, including the concepts, ideas, and the design expressed herein are intended for use on this project only, and remain the sole property of Square Peg Design. Table of Contents 103 BILL OF QUANTITY Sign Type Description QTY E.ID01f Project Monument ID 1 E.ID03f Tenant Building ID, Option 1 4 E.ID04f Tenant Building ID, Option 2 1 E.ID05f Tenant Building ID, Option 3 1 E.ID06f Tenant Building Flag ID 2 Total 8 RETAIL TENANT ALLOWABLE SQUARE FOOTAGE TENANT 1: North Elevation: 16 sq ft West Elevation: 22 sq ft South Elevation: 1�9 5 sq ft Total: 39�9 5 sq ft Maximum allowable sq ft 40 total Additional Signage Allowance: One permanent building sign, each not exceeding two square feet in area, over each additional entrance to the building� TENANT 2: North Elevation: 13 sq ft South Elevation: 1�9 5 sq ft Total: 14 �95 sq ft Maximum allowable sq ft 15 total Additional Signage Allowance: One permanent building sign, each not exceeding two square feet in area, over each additional entrance to the building� TENANT 3: North Elevation: 12 �5 sq ft East Elevation: 22 sq ft South Elevation: 1�9 5 sq ft Total: 36�4 5 sq ft Maximum allowable sq ft 36 �5 total Additional Signage Allowance: One permanent building sign, each not exceeding two square feet in area, over each additional entrance to the building� RETAIL SIGNAGE LIMITATIONS ELECTRONIC SIGN. One electronic sign (e�g�, neon or L �E �D�), not exceeding two square feet in area, provided that: (1) The entire sign shall be comprised of one or a maximum of two solid colors� (2) The sign shall not flash or be composed of a changeable message� (3) The sign shall not be illuminated when the use is closed� (4) If the sign is located on a building it shall count towards the maximum building sign allowance� (5) If the sign is located in a window it shall count towards the maximum window coverage� PROJECT SIGNAGE ALLOWANCE FREESTANDING SIGN One permanent freestanding sign, as follows: THREE OR FOUR USES The sign shall not exceed twenty-five square feet in area or ten feet in height� SIGNS ON LOTS WITH MULTI-FAMILY DWELLINGS OR RESIDENTIAL SUBDIVISIONS: In addition to other signs allowed the following signs are allowed on lots with multi-family dwellings or residential subdivisions with a permit: (a) Up to two permanent freestanding signs per multi- family complex or subdivision, provided that: (1) The aggregate sign area shall not exceed twenty-four square feet in area and the height of each sign shall not exceed six feet � (2) The sign shall be located at the entrance to the multi family dwelling complex or subdivision� SHEET TITLE SHEET NUMBER Square Peg Design 1631 Telegraph Avenue Oakland, California 94612 T 510 596 8810 AG002 CLIENT Sand Hill Property Company 965 Page Mill Rd. Palo Alto, CA DATE ISSUE 2023.01.04 MSP Design Intent PROJECT Quito Village 18764 Cox Ave. Saratoga, CA GENERAL NOTES DRAWING FOR DESIGN INTENT ONLY; NOT INTENDED FOR CONSTRUCTION. ALL SIGNS TO BE FABRICATED & INSTALLED PER APPROVED FABRICATOR SHOP DRAWINGS. © 2019 Square Peg Design, LLC, all rights reserved. This drawing, including the concepts, ideas, and the design expressed herein are intended for use on this project only, and remain the sole property of Square Peg Design. Bill Of Quantity 104 SECTION 100 LOCATION PLANS 107 Sign Type Location #Description LP Sheet #Drawing Sheet Message Notes E�ID04f L1�1�0 03 Tenant Building ID, Option 2 AG102 �01 AG303�01 (see drawing)Power E�ID03f L1�1�0 04 Tenant Building ID, Option 1 AG102 �01 AG302�01 (see drawing)Power E�ID03f L1�1�0 05 Tenant Building ID, Option 1 AG102 �01 AG302�01 (see drawing)Power E�ID01f L1�1�0 06 Project Monument ID AG102 �01 AG301�01 (see drawing)Power E�ID03f L1�1�0 07 Tenant Building ID, Option 1 AG102 �01 AG302�01 (see drawing)Power E�ID03f L1�1�0 08 Tenant Building ID, Option 1 AG102 �01 AG302�01 (see drawing)Power E�ID05f L1�1�0 09 Tenant Building ID, Option 3 AG102 �01 AG304�01 (see drawing)Power E�ID06f L1�1�010 Tenant Building Flag ID AG102 �01 AG305�01 (see drawing)Power E�ID06f L1�1�0 11 Tenant Building Flag ID AG102 �01 AG305�01 (see drawing)Power MESSAGE SCHEDULE SHEET TITLE SHEET NUMBER Square Peg Design 1631 Telegraph Avenue Oakland, California 94612 T 510 596 8810 AG103 CLIENT Sand Hill Property Company 965 Page Mill Rd. Palo Alto, CA DATE ISSUE 2023.01.04 MSP Design Intent PROJECT Quito Village 18764 Cox Ave. Saratoga, CA GENERAL NOTES DRAWING FOR DESIGN INTENT ONLY; NOT INTENDED FOR CONSTRUCTION. ALL SIGNS TO BE FABRICATED & INSTALLED PER APPROVED FABRICATOR SHOP DRAWINGS. © 2019 Square Peg Design, LLC, all rights reserved. This drawing, including the concepts, ideas, and the design expressed herein are intended for use on this project only, and remain the sole property of Square Peg Design. Message Schedule 111 SECTION 200 TENANT ID ALLOWANCE 112 SECTION 300 SIGNAGE 115